Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. These exemptions include services provided by a licensed manicurist, subject to the manicurist meeting specified conditions. Existing law makes this exemption for licensed manicurists inoperative on January 1, 2022. This bill would extend the inoperative date of this exemption for licensed manicurists to January 1, 2025. Existing law exempts the relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry, if the contractor demonstrates that specified criteria are satisfied, including that the subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license. Existing law, for construction trucking services, provides that the requirement of having this license does not apply to a subcontractor providing construction trucking services for which a contractor's license is not required, as specified. This provision applies to work performed before January 1, 2022. This bill would extend the applicable timeframe for this provision to work performed before January 1, 2025. Existing law exempts the relationship between a data aggregator and an individual providing feedback to the data aggregator, if certain conditions are satisfied. These conditions include, among others, that any consideration paid for the feedback provided, if prorated to an hourly basis, is an amount equivalent to or greater than the minimum wage. This bill would delete the above-described condition regarding the consideration paid. The bill would revise the exemption to instead apply to the relationship between a data aggregator and a "research subject," as defined, and would make related, conforming changes. Existing law also exempts a person or organization that is licensed by the Department of Insurance or a person who provides underwriting inspections, premium audits, risk management, or loss control work for the insurance and financial service industries. This bill would expand that exception to also apply to a person who provides claims adjusting or third-party administration, as defined. Existing law also exempts a manufactured housing salesperson, subject to specified legal obligations and regulations governing manufactured housing salespersons. This bill, in regard to the above exemption, would provide that the statutorily imposed duties of a manufactured housing dealer are not factors to be considered under the Borello test. This bill would incorporate additional changes to Section 2783 of the Labor Code proposed by AB 1506 to be operative only if this bill and AB 1506 are enacted and this bill is enacted last.
Chaptered by Secretary of State - Chapter 422, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.).
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.)
Read second time. Ordered to Consent Calendar.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 15. Noes 0.) (May 19).
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 8). Re-referred to Com. on APPR.
From printer. May be heard in committee March 28.
Read first time. To print.
|Bill Text Versions||Format|
|02/25/21 - Introduced|
|05/20/21 - Amended Assembly|
|09/03/21 - Amended Senate|
|09/14/21 - Enrolled|
|09/30/21 - Chaptered|
|04/06/21- Assembly Labor and Employment|
|05/17/21- Assembly Appropriations|
|07/09/21- Senate Committee on Labor, Public Employment and Retirement|
|08/18/21- Sen. Floor Analyses|
|09/07/21- Sen. Floor Analyses|
|09/08/21- ASSEMBLY FLOOR ANALYSIS|
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