AB 1818 California Assembly · 2021-2022 Regular Session

Worker classification: employees and independent contractors: licensed manicurists.

Summary
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, 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. 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. These exemptions include services provided by a licensed manicurist, subject to the manicurist meeting specified conditions. Existing law makes this exemption for licensed manicurists inoperative on January 1, 2025. This bill would delete the January 1, 2025, inoperative date, thereby making licensed manicurists subject to this exemption indefinitely.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2022
Committee Review
Floor Vote
Governor
Introduced Feb 7, 2022 Last action Feb 18, 2022
Floor votes

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Full legislative history

Actions timeline

Total actions
3
Key actions
1
Committee
2
Feb 18, 2022
Committee
Referred to Com. on L. & E.
lower
Feb 8, 2022
Lower · Passed
From printer. May be heard in committee March 10.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Janet Nguyen
Janet Nguyen
RRepublican
CA
36