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CA AB5

CA AB5
Worker status: employees and independent contractors.


summary

Introduced
12/03/2018
In Committee
08/30/2019
Crossed Over
05/29/2019
Passed
09/11/2019
Dead
Signed/Enacted/Adopted
09/18/2019

Introduced Session

2019-2020 Regular Session

Bill Summary

An act to amend Section 3351 of, and to add Section 2750.3 to, the Labor Code, and to amend Sections 606.5 and 621 of the Unemployment Insurance Code, relating to employment, and making an appropriation therefor.

AI Summary

This bill codifies the California Supreme Court's Dynamex decision, which established a three-part "ABC" test to determine whether a worker is an employee or independent contractor. The bill generally requires that workers be considered employees unless the hiring entity can demonstrate that the worker is free from the entity's control, performs work outside the entity's usual course of business, and is customarily engaged in an independent trade or business. However, the bill exempts certain occupations, such as licensed insurance agents, healthcare professionals, and commercial fishermen, from the ABC test and instead applies a different test from the Borello decision. The bill also makes some changes to unemployment insurance provisions and allows the Attorney General and local prosecutors to bring actions to prevent employee misclassification.

Committee Categories

Budget and Finance, Labor and Employment

Sponsors (13)

Last Action

Chaptered by Secretary of State - Chapter 296, Statutes of 2019. (on 09/18/2019)

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