Today's Law As Amended


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AB-2457 Worker status: penalties and enforcement.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 2699.7 is added to the Labor Code, to read:

2699.7.
 (a) This part shall not apply to an employee with respect to worker classification pursuant to a wage order if the employee has filed for unemployment insurance benefits and the employee’s previous employer hired the employee as an independent contractor before January 1, 2020.
(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

 Section 2750.4 is added to the Labor Code, to read:

2750.4.
 (a) Notwithstanding any other provision, an employer shall not be subject to any monetary fine or penalty for a violation of Section 2750.3 with respect to an applicant who has applied for unemployment benefits and who has previously acted as an independent contractor during the past five years.
(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 1329.3 is added to the Unemployment Insurance Code, to read:

1329.3.
 (a) Notwithstanding any other provision, an audit triggered pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law 116-136) shall not authorize the department or the Labor Commissioner, with respect to a claim for unemployment compensation benefits, to audit a previous determination of worker classification regarding an applicant’s work for previous employers if the applicant has designated themselves as self-employed or as an independent contractor during the past five years.
(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.