Employment: taxi drivers.

Under existing law, whether a person is an employee or an independent contractor of another is determined under the common law rules applicable for determining an employer-employee relationship, under which the most important factor is the right of the principal to control the manner and means of accomplishing a desired result. This bill would, in any matter where the classification of a driver of a taxicab is to be determined, as specified, establish a presumption, rebuttable by clear and convincing evidence, as specified, that the driver of a taxicab is an independent contractor rather than an employee of the taxi company. The bill would specify, in order of decreasing significance, the factors used in rebutting the presumption, and would specify the factors that may not be considered as evidence of employer-like control by a taxi company.