One of the most controversial bills coming out of the 2019 Legislative Session was Assembly Bill 5, by Assembly Member Lorena Gonzalez (D – San Diego), dealing with the codification of the “ABC Test” found in the Dynamex decision for classification of workers.
Since the enactment of AB 5 last fall, legislators up and down the State of California have been hearing from their constituents regarding how disruptive AB 5 is to their work. As a result, many professions are pursuing exemptions or “carve-outs” from the provisions of AB 5, now found in Labor Code Section 2750.3.
As you can read below, there are more than 30 bills that were introduced by the February 21 bill introduction deadline that propose to amend or repeal AB 5. The following are the bills that were introduced by the February 21 deadline for the 2020 Legislative Session.
Of course, additional measures could be added to this list once “spot bills” and “intent bills” are amended with substantive language. Until then, these are the measures that will be under consideration by the California Legislature in the coming months:
Assembly (20)
- AB 1850 (Gonzalez) – recasts LC Sec. 2750.3
- AB 1925 (Obernolte) – creates small business exemption to ABC Test
- AB 1928 (Kiley) – repeals ABC Test and requires determination using Borello test
- AB 2457 (Melendez) – exempts individuals who are licensed pharmacists
- AB 2458 (Melendez) — exempts individuals working as physical therapists
- AB 2465 (Gonzalez) — recasts and reorganizes the exemptions for a person licensed as an esthetician, electrologist, manicurist, barber, or cosmetologist
- AB 2489 (Choi) — prohibits franchisees from being deemed employees of a franchisor
- AB 2497 (Bigelow) – spot bill (but refers to transportation network companies)
- AB 2572 (Dahle) – exempts licensed timber operators and registered professional foresters
- AB 2750 (Bigelow) – spot bill
- AB 2793 (Mathis) – exempts individuals providing services as a licensed marriage and family therapist
- AB 2794 (Mathis) – exempts health facilities which contract with companies that employ health care providers who provide services to patients at those facilities
- AB 2796 (Fong) — makes permanent newspaper carriers’ exemption
- AB 2822 (Waldron) — exempts transportation network companies
- AB 2823 (Waldron) – exempts an individual who holds an active license from the State of California and is practicing as a land surveyor, landscape architect, geologist, or geophysicist and to include an individual who is a construction manager or planner
- AB 2979 (Voepel) – exempts interpreters and translators
- AB 3136 (Voepel) – exempts certified shorthand reporters
- AB 3185 (Lackey) – exempts individuals providing services as a referee or umpire for an independent youth sports organization
- AB 3281 (Brough) – modifies business-to-business exemption
- ACA 19 (Kiley) – requires determination based upon Borello test
Senate (14)
- SB 806 (Grove) – spot bill
- SB 867 (Bates) – makes permanent newspaper carriers’ exemption
- SB 868 (Bates) – exempts all freelance journalists
- SB 875 (Grove) — exempts court interpreters and translators
- SB 881 (Jones) – exempts musicians
- SB 900 (Hill) – spot bill
- SB 963 (Morrell) – exempts referees and umpires for youth sports
- SB 965 (Nielsen) – exempts companies that employ health care providers who provide services to patients at those facilities
- SB 966 (Nielsen) – exempts licensed pharmacists
- SB 967 (Borgeas) – prohibits franchisees from being deemed employees of a franchisor
- SB 975 (Dahle) – exempts licensed timber operators and registered professional foresters
- SB 990 (Moorlach) – exempts transportation network companies
- SB 1039 (Galgiani) – states intent of the Legislature to develop a modern policy framework that facilitates independent work for those who voluntarily choose it by creating a third classification of workers
- SB 1236 (Stern) – spot bill
Only time will tell which of these measures make their way to Governor Newsom’s desk.
The Legislature is scheduled to adjourn on August 31 and the Governor will have until September 30 to act on measures.