Worker status: employees and independent contractors: newspaper distributors and carriers.
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2023
Committee Review
Aug 2024
Assembly Passage
May 2023
Senate Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Jan 10, 2023
Signed Sep 20, 2024
Floor votes · Senate Aug 30, 2024 · Assembly May 18, 2023
How they voted
40–0
Passed
Total votes 40
Aug 30, 2024
D
Democratic31
100% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
35
Key actions
13
Committee
13
Amendments
3
Sep 20, 2024
Signed into law
Approved by the Governor.
legislature
Aug 31, 2024
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 0.).
lower
Aug 30, 2024
Lower · Passed
From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 1.) (August 30).
lower
Aug 30, 2024
Committee
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
lower
Aug 30, 2024
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2024
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
upper
Aug 28, 2024
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 28).
upper
Aug 27, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 27). Re-referred to Com. on APPR.
upper
Aug 22, 2024
Committee
Re-referred to Com. on L., P.E. & R.
upper
Aug 22, 2024
Committee
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).
upper
Aug 21, 2024
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 14, 2023
Upper · Passed
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
upper
Jun 13, 2023
Upper · Passed
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.
upper
May 31, 2023
Committee
Referred to Com. on G.O.
upper
May 18, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1593.)
lower
May 10, 2023
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
lower
Mar 9, 2023
Lower · Passed
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.
lower
Feb 2, 2023
Committee
Referred to Com. on G.O.
lower
Jan 11, 2023
Lower · Passed
From printer. May be heard in committee February 10.
lower
1 primary · 1 co-sponsor
Sponsors
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