Existing case law, as established in the case of Dynamex Operations W. 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, including a business-to-business contracting relationship, that meets specified requirements, including that a business is a "contracting business" if it demonstrates that it meets specified criteria. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would also include as a "contracting business" for purposes of a business-to-business contracting relationship, or business that subject to specified tax provisions relating to sale proprietorships on limited partnerships.
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Existing law, as established in the case of Dynamex Operations W. 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. 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, including various professional services provided by graphic designers, grant writers, and fine artists, among others. This bill would also exempt certified shorthand reporters from the application of Dynamex and the above provisions.
This measure would declare March 5, 2020, as Family Justice Center Day in California and would recognize the lifesaving and hope-giving work of the California Family Justice Center Network and its member Family Justice Centers as they work with rape crisis centers, domestic violence shelters, human trafficking agencies, prosecutors' offices, law enforcement agencies, and other professionals and community-based organizations to ensure that adult and child survivors of trauma can access all of their services in one setting.
This measure would recognize March 7, 2020, as California Arbor Day, and would urge California residents to observe the day with appropriate tree-planting activities and programs.
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.
Existing law, the Motor Carriers of Property Permit Act, prohibits a motor carrier of property, as defined, from operating a commercial motor vehicle on any public highway in the state, unless it has obtained a carrier identification number in accordance with specified provisions, has registered the identification number with the Department of Motor Vehicles, and holds a valid motor carrier permit issued to that motor carrier by the department upon the payment of a fee and proof of insurance and workers' compensation coverage. Existing law specifies that a "commercial motor vehicle" does not include certain vehicles, including a pickup truck, defined as having a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. Under existing law, pickup truck does not include a vehicle meeting this description that is equipped with a utility body bed mounted storage compartment. This bill would change the definition of a pickup truck, for purposes of the Motor Carriers of Property Permit Act, to include a motor truck with a manufacturer's gross vehicle weight rating of less than 16,000 pounds that is equipped with an open box-type bed not exceeding 9 feet in length that may be equipped with a bed-mounted storage compartment unit commonly called a "utility bed."
Existing federal law allows deductions from gross income for attorney fees and court costs in connection with an action involving a claim of specified provisions. The End Double Taxation of Successful Civil Claims Act would allow deductions from gross income for attorney fees and court costs in connection with any action. This measure would urge the Congress and the President of the United States to enact the End Double Taxation of Successful Civil Claims Act.
This measure would memorialize the achievements of Rosa Parks in the Civil Rights Movement and would commemorate the 20th Anniversary of Rosa Parks Day in California on February 4, 2020.