Gonzalez
Author
Existing law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for those purposes. AB 5 of the 2019–20 Regular Session states the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. AB 5 provides that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be 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. AB 5 also exempts specified occupations from the application of Dynamex, and would instead provide that these occupations are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) . This bill would, until January 1, 2021, also exempt a newspaper distributor working under contract with a newspaper publisher and a newspaper carrier working under contract, either with a newspaper publisher or newspaper distributor, from the Dynamex provisions proposed to be added by AB 5 described above. This bill would make its operation contingent on the enactment of AB 5 of the 2019–20 Regular Session.
Chaptered by Secretary of State - Chapter 415, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 11 a.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 6. Page 3607.).
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2934.).
In Assembly. Concurrence in Senate amendments pending.
From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 2.) (September 13).
Joint Rule 62(a), file notice suspended. (Page 3575.)
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Read second time. Ordered to third reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (September 12). Re-referred to Com. on APPR.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Joint Rules 61 and 62 suspended. (Ayes 28. Noes 9. Page 2757.)
Read third time. Refused passage. (Ayes 19. Noes 13. Page 2458.).
Reconsideration granted. (Ayes 40. Noes 0. Page 2458.)
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
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: Do pass. (Ayes 7. Noes 2.) (July 2).
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 12).
Referred to Coms. on L., P.E. & R. and JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 17. Page 1250.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 26).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (March 6). Re-referred to Com. on JUD.
From printer. May be heard in committee February 8.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB170 | HTML |
| 01/08/19 - Introduced | |
| 03/21/19 - Amended Assembly | |
| 04/01/19 - Amended Assembly | |
| 06/13/19 - Amended Senate | |
| 08/20/19 - Amended Senate | |
| 09/10/19 - Amended Senate | |
| 09/16/19 - Enrolled | |
| 10/02/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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