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AB-1227 Worker classification: employees and independent contractors: workers in seasonal live theatre. (2021-2022)

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Date Published: 02/19/2021 09:00 PM


Assembly Bill
No. 1227

Introduced by Assembly Member Levine

February 19, 2021

An act to add Section 2784.3 to the Labor Code, relating to employment.


AB 1227, as introduced, Levine. Worker classification: employees and independent contractors: workers in seasonal live theatre.
Existing law requires a 3-part test, commonly known as the “ABC” test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, 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 of the same nature as that involved in the work performed. Existing law exempts specified occupations and business relationships from the application of these provisions. Existing law instead provides that these occupations and business relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification.
This bill would also exempt workers in seasonal live theatre.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


 Section 2784.3 is added to the Labor Code, to read:

 Section 2775 and the holding in Dynamex do not apply to workers in seasonal live theatre, and instead, the determination of whether an individual is an employee or independent contractor shall be governed by Borello.