Worker status: independent contractors: court interpreters.
Summary
Existing case 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 statutory 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 not an employee under the ABC test. 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. This bill would also exempt from the ABC test specified individuals working as interpreters and translators.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 21, 2020
Last action Jan 29, 2020
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
3
Key actions
0
Committee
1
Jan 29, 2020
Committee
Referred to Com. on L., P.E. & R.
upper
Jan 21, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 9 co-sponsors
Sponsors
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