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AB-2496 Janitorial employees: employment status: burden of proof.(2017-2018)

Bill Status
Gonzalez Fletcher (A)
Skinner (S)
Janitorial employees: employment status: burden of proof.
An act to amend Section 2750.5 of the Labor Code, and to add Sections 621.6 and 13004.7 to the Unemployment Insurance Code, relating to employment, and making an appropriation therefor.
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Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Fiscal Committee
Non-State-Mandated Local Program
Non-Tax levy
Last 5 History Actions
Date Action
09/23/18 Vetoed by Governor.
09/04/18 Enrolled and presented to the Governor at 3 p.m.
08/24/18 Returned by the Governor at the request of the Assembly.
08/14/18 Enrolled and presented to the Governor at 4 p.m.
08/09/18 In Assembly. Ordered to Engrossing and Enrolling.
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 2496 without my signature.

This bill would establish in statute the presumption that persons who perform services for janitorial employers are employees rather than independent contractors.

I share the Author's concern about protecting the most vulnerable workers as well as the general concern about providing clarity regarding worker classification. The California Supreme Court recently issued a significant decision establishing a new test to determine whether a worker is properly classified as an employee or an independent contractor, Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. The Administration and the Legislature are still reviewing this decision and any statutory changes to such tests would be premature.


Edmund G. Brown Jr.