Today's Law As Amended


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ACA-19 Right to Earn a Living Act.(2019-2020)



As Amends the Law Today


First—
 This act shall be known as “The Right to Earn a Living Act.”

Second—

 That Section 33 is added to Article I thereof, to read:

SEC. 33.
 (a) Determinations of whether a person is an employee or an independent contractor shall be made using the multifactor test set forth in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.
(b) Individuals have the right to pursue a chosen business or profession free from arbitrary or excessive government interference. Any law that limits the entry into or competition in a business or profession shall be limited to those limitations that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives.
(c) A law shall not prevent an employer from agreeing to an employee’s request for a flexible work schedule, as long as both parties understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week is required to be compensated per statutory overtime requirements.