A bill that would create a law derived from a controversial Supreme Court in California on the definition of an independent entrepreneur's advanced Wednesday with the State Assembly that passed the law 59-15.
The bill derives from the 2018 decision of Dynamex Operations West Inc. v. The Supreme Court of Los Angeles County in which two individual vendors who matched the package vendor Dynamex Operations West Inc., which claimed the company had categorized their suppliers as independent contractors rather than employees, thus violating California's pay and labor laws, according to documents.
AB 5, introduced on May 24, "codifies" this decision "which presupposes that an employee is an employee unless an employment unit meets a three-factor test" and would affect those working in the game boom according to a legislative analysis.
According to the bill, the test includes: "The person is free from the employing entity's control and direction in connection with the performance of the work, both during the contract for the execution of the work and in fact." "That person performs work outside the ordinary course of the employment entity's activities" and "the person is usually engaged in an independent established trade, profession or activity of the same nature as that involved in the work performed".
the bill exempts from the experiment certain insurance and real estate jobs, doctors, brokers, direct sellers, hairdressers and hairdressers, and those who perform work under a contract for professional services specifying d, "according to the analysis.
It has not been placed in Senate calendar from Thursday morning.