Blanca Rubio
- Democratic
- Assemblymember
- District 48
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 determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes 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 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. This test is known as the "ABC" test, as described above. 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 Dynamex and the provisions described above. These exemptions include a temporary exemption for newspaper distributors working under contract with a newspaper publisher and newspaper carriers, as those terms are defined, until January 1, 2025. Existing law, as part of that temporary exemption, requires every newspaper publisher or distributor that hires or directly contracts with newspaper carriers to submit prescribed information on carrier payroll taxes, wage rates, and wage claims to the Labor and Workforce Development Agency (LWDA) , on or before March 1, 2022, March 1, 2023, and March 1, 2024. This bill would extend the operation of that exemption until January 1, 2030. The bill would require the information on carrier payroll taxes, wage rates, and wage claims to be reported to the LWDA on or before March 1, 2025, March 1, 2026, March 1, 2027, March 1, 2028, and March 1, 2029.
Chaptered by Secretary of State - Chapter 298, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 0.).
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 1.) (August 30).
Joint Rule 62(a) suspended.
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 28).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 27). Re-referred to Com. on APPR.
Joint Rules 61 and 62 suspended.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).
Read second time. Ordered to third reading.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Ordered to second reading.
From inactive file.
Ordered to inactive file at the request of Senator McGuire.
From Consent Calendar.
Read second time. Ordered to Consent Calendar.
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (June 13). Re-referred to Com. on APPR.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1593.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
Joint Rule 62(a), file notice suspended. (Page 1477.)
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 22. Noes 0.) (March 8). Re-referred to Com. on APPR.
From printer. May be heard in committee February 10.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB224 | HTML |
| 01/10/23 - Introduced | |
| 08/21/24 - Amended Senate | |
| 09/05/24 - Enrolled | |
| 09/20/24 - Chaptered |
| Document | Format |
|---|---|
| 03/07/23- Assembly Governmental Organization | |
| 05/08/23- Assembly Appropriations | |
| 06/08/23- Senate Governmental Organization | |
| 08/16/23- Sen. Floor Analyses | |
| 08/26/24- Senate Committee on Labor, Public Employment and Retirement | |
| 08/27/24- Senate Appropriations | |
| 08/28/24- Sen. Floor Analyses | |
| 08/30/24- ASSEMBLY FLOOR ANALYSIS | PDF PDF |
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