california labor code definition of employee

Gavin Newsom’s Desk, A Heads Up On The CROWN Act: Employees’ Natural Hairstyles Now Protected, EEOC Takes a Shot at COVID-19: Unvaccinated Employees Can be Excluded From the Workplace, What Employers Need to Know About Colorado’s New Equal Pay Act, California Department of Public Health Issues New Statewide Stay At Home Order Linked to ICU Bed Capacity, New York State Amends WARN Act to Require Additional Notifications, Cal/OSHA Adopts New COVID-19 Emergency Standards Requiring Immediate Action by Employers in California, Government Contracts & Investigations Blog, New York Commercial Division Round-Up Blog, Real Estate, Land Use & Environmental Law Blog, U.S. Legal Insights for Korean Businesses. Aside from the standard definition, some primary differences … (4) The subcontractor maintains a business location that is separate from the business or work location of the contractor. It helps the business to run like a well-oiled machine and can certainly help to boost productivity while at the same time, keeping issues at a minimum. Up-to-date Information on Labor & Employment Law. Items of content produced on a recurring basis related to a general topic shall be considered separate submissions for purposes of calculating the 35 times per year. (g) Subdivision (a) and the holding in Dynamex do not apply to the relationship between a referral agency and a service provider, as defined below, under the following conditions: (1) If a business entity formed as a sole proprietor, partnership, limited liability company, limited liability partnership, or corporation (“service provider”) provides services to clients through a referral agency, the determination whether the service provider is an employee of the referral agency shall be governed by Borello, if the referral agency demonstrates that all of the following criteria are satisfied: (A) The service provider is free from the control and direction of the referral agency in connection with the performance of the work for the client, both as a matter of contract and in fact. On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. (3) This subdivision does not apply to an individual worker, as opposed to a business entity, who performs services for a client through a referral agency. California Abandons 30-Year-Old Test For Determining Independent-Contractor Status, Broadens Definition Of “Employee” By Tony Oncidi and Travis Hall on May 1, 2018 Posted in California Labor & Employment Law, Employment Law Notes, Wage and Hour 2 That said, the courts will ultimately decide what kind of work is considered “outside the usual course of business,” and some companies (represented by experienced counsel) may be able to persuade judges to draw these lines favorably. Definitions Under California Occupational Safety and Health Act of 1973. Labor Code §§ 248, 248.1) requires employers to provide their California employees with up to 80 hours of COVID-19-related supplemental paid sick leave (CSPSL). (D) The service provider delivers services to the client under service provider’s name, rather than under the name of the referral agency. Many businesses recognize the benefits of having a great staff on hand. 2005 California Labor Code Sections 2850-2866 Article 3. DEPARTMENT OF INDUSTRIAL RELATIONS ... WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] DIVISION 4.5. (3) The determination of whether an individual working for a business service provider is an employee or independent contractor of the business service provider is governed by paragraph (1) of subdivision (a). Nothing in this subdivision shall apply to the employment settings currently or potentially governed by collective bargaining agreements for the licensees identified in this paragraph. AB 1867 (codified as Cal. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here. (j) In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. (IV)  Maintains their own business license for the services offered to clients. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. California Vacation Pay Law The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California. 2, shall remain in effect for the purposes set forth therein. (B) If work is performed more than six months after the effective date of this section, the individual has a business license, in addition to any required professional licenses or permits for the individual to practice in their profession. (ii) For work performed after January 1, 2020, the subcontractor is registered with the Department of Industrial Relations as a public works contractor pursuant to Section 1725.5, regardless of whether the subcontract involves public work. (C) The contract with the business service provider is in writing. During that season, the market for strawberries collapsed and Munoz was unable to pay the workers. California Labor Code section 2922 provides: “An employment, having no specified term, may be terminated at the will of either party on notice to the other.” The at-will doctrine means that the employment relationship can be terminated by either party at any time, with or without cause, and with or without advanced notice. AB-5 expands the application of the ABC test to the entire California Labor Code and will take effect on January 1, 2020. (ii) Administrator of human resources, provided that the contracted work is predominantly intellectual and varied in character and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. Please contact your Sheppard Mullin attorney contact for additional information. ; and (C) for all other purposes in the Labor Code by Borello. (2) For purposes of this subdivision, the following definitions apply: (A) “Animal services” means services related to daytime and nighttime pet care including pet boarding under Section 122380 of the Health and Safety Code. (I) The business service provider provides its own tools, vehicles, and equipment to perform the services. The employer must provide these wage statements at the time employees are paid or semi-monthly. (C) On or before March 1, 2021, and each March 1 thereafter, the Employment Development Department shall issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. (C) If the work for the client requires the service provider to hold a state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, the service provider has the required contractor’s license. (B) For work performed after January 1, 2020, any business entity that provides construction trucking services to a licensed contractor utilizing more than one truck shall be deemed the employer for all drivers of those trucks. One of the trickier issues in employment law is defining who is an employer. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, high-stakes litigation and complex financial transactions. (C) “Referral agency” is a business that connects clients with service providers that provide graphic design, photography, tutoring, event planning, minor home repair, moving, home cleaning, errands, furniture assembly, animal services, dog walking, dog grooming, web design, picture hanging, pool cleaning, or yard cleanup. ... construction site, or other area, workplace or environment where work is performed by an employee of an employer and includes any inspection conducted pursuant to a complaint, any reinspection, or follow-up inspection. (B) The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. Munoz eventually went bankrupt. Expand all. Labor Code - LAB GENERAL PROVISIONS. In order to be considered an exempt employee in California, an employee will generally need to meet a strict duties test. (3) If a court of law rules that the three-part test in paragraph (1) cannot be applied to a particular context based on grounds other than an express exception to employment status as provided under paragraph (2), then the determination of employee or independent contractor status in that context shall instead be governed by the California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). (G) The business service provider actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity. (ii) “Publisher” means the natural or corporate person that manages the newspaper’s business operations, including circulation. This code states that inventions of an employee are not assigned to the employer if they are wholly developed on the employee's own time and if they are done so without the uses of employer's equipment, supplies, … (II)  Sets their own hours of work and has sole discretion to decide the number of clients and which clients for whom they will provide services. Rather than fight in court, some companies instead chose to successfully lobby California legislators for statutory exemptions under AB-5. (C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. (E) Nothing in this paragraph prohibits an individual who owns their truck from working as an employee of a trucking company and utilizing that truck in the scope of that employment. (ix) Services provided by a still photographer or photojournalist who do not license content submissions to the putative employer more than 35 times per year. California Exempt Employee Law: The California labor code, by default, gives all employees a right to minimum wage and overtime, but some types of salaried employees are considered exempt. (vii) Services provided by an enrolled agent who is licensed by the United States Department of the Treasury to practice before the Internal Revenue Service pursuant to Part 10 of Subtitle A of Title 31 of the Code of Federal Regulations. In the case of a termination, the employee must be paid all wages (including accrued but unused vacation) due at the time of discharge (California … (B) This paragraph shall become inoperative on January 1, 2021, unless extended by the Legislature. (E) “Service provider” means a person or business who agrees to the referral agency’s contract and uses the referral agency to connect with clients. California Labor Code Section 2870 Definition. (E) The business service provider maintains a business location that is separate from the business or work location of the contracting business. The California Department of Labor Standards (DLSE) considers the following standards to determine if on call time is compensable: (1) geographical restrictions on the employees’ movements; (2) required response time; (3) the nature of the employment; and (4) the extent the employer’s policy impacts personal activities during on call time. This clause is not applicable to an individual who works on motion pictures, which includes, but is not limited to, projects produced for theatrical, television, internet streaming for any device, commercial productions, broadcast news, music videos, and live shows, whether distributed live or recorded for later broadcast, regardless of the distribution platform. Nothing in this section shall prevent a photographer or artist from displaying their work product for sale. (K)  Consistent with the nature of the work, the business service provider can set its own hours and location of work. california labor code table of contents general provisions ..... 1-29.5 division 1. department of industrial relations (2) A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by Section 7500.2 of the Business and Professions Code, if the repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (b) All elected and appointed paid public officers. Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee. (iii) The subcontractor utilizes its own employees to perform the construction trucking services, unless the subcontractor is a sole proprietor who operates their own truck to perform the entire subcontract and holds a valid motor carrier permit issued by the Department of Motor Vehicles. Sheppard Mullin is a full-service Global 100 firm with more than 900 attorneys in 15 offices located in the United States, Europe and Asia. 1. The worker must be free from the control and direction of the hirer in connection with the performance of the work. The statutorily imposed duties of a responsible broker under Section 10015.1 of the Business and Professions Code are not factors to be considered under the Borello test. (iv) “Carrier” means a person who effects physical delivery of the newspaper to the customer or reader. (F) The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed. At-will employment means that the employee is free to leave their jobs at any time and employers are likewise free to fire the employee at any time for any lawful reason⁠—⁠or even no reason at all.⁠ 1 (2) Insofar as the application of subdivisions (b), (c), (d), (e), (f), (g), and (h) of this section would relieve an employer from liability, those subdivisions shall apply retroactively to existing claims and actions to the maximum extent permitted by law. By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. California Unemployment Insurance Code 1089 requires employers to give a written Notice to Employee as to Change in Relationship form to all discharged or laid off employees immediately upon termination. California Labor Code Section 3352 defines who may be excluded as an employee, and, therefore, who may not need to be covered under a workers' compensation policy. Martinez sued Munoz, and Apio, Inc. and Combs Distribution Co., two produce merchants (collectively, the “merchants”) through which Munoz sold its strawberries, for, among other things, unpaid minimum … For more information, please visit www.sheppardmullin.com. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. For most exemptions, more than fifty percent of an employee's time must be spent performing exempt job duties. (3) An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant. Miguel Martinez and others (collectively, the “workers”) worked for Munoz as seasonal agricultural workers for the 2000 harvest. This code states that inventions of an employee are not assigned to the employer if they are wholly developed on the employee’s own time and if they are done so without the uses of employer’s equipment, supplies, facilities or trade secret information of the employer. (L) The business service provider is not performing the type of work for which a license from the Contractor’s State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. However, “working on an American vessel” does not apply to anyone aboard a licensed commercial fishing vessel as a visitor or guest who does not directly or indirectly participate in the taking. (E) The service provider provides its own tools and supplies to perform the services. (iii) “Newspaper distributor” means a person or entity that contracts with a publisher to distribute newspapers to the community. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. California Labor Code Section 3351 defines who is an employee and, therefore, who can be covered under a workers' compensation policy. According to the California Labor Code, “wages” include “all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission pay basis, or other method of calculation.” 3 2. California Codes > Labor Code > Division 1 > Chapter 6 - Occupational Safety and Health Standards Board California Codes > Labor Code > Division 2 > Part 9 - HEALTH California Codes > Labor Code > Division 5 - Safety in Employment This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. (2) A physician and surgeon, dentist, podiatrist, psychologist, or veterinarian licensed by the State of California pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, performing professional or medical services provided to or by a health care entity, including an entity organized as a sole proprietorship, partnership, or professional corporation as defined in Section 13401 of the Corporations Code. This subparagraph does not apply if the service provider accepts a client or contract and then fails to fulfill any of its contractual obligations. The report required by this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. A “tutor” does not include a person who teaches a curriculum created by a public school or who contracts with a public school through a referral company for purposes of teaching students of a public school. (2) This subdivision does not apply to an individual worker, as opposed to a business entity, who performs labor or services for a contracting business. (A) An “individual” includes an individual providing services through a sole proprietorship or other business entity. (C) For purposes of this paragraph, “construction trucking services” mean hauling and trucking services provided in the construction industry pursuant to a contract with a licensed contractor utilizing vehicles that require a commercial driver’s license to operate or have a gross vehicle weight rating of 26,001 or more pounds. (5) The subcontractor has the authority to hire and to fire other persons to provide or to assist in providing the services. (8) (A) Paragraph (2) shall not apply to a subcontractor providing construction trucking services for which a contractor’s license is not required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, provided that all of the following criteria are satisfied: (i) The subcontractor is a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation. Prong B of the ABC test is particularly troublesome for any business that uses independent contractors to deliver or provide their core product or service, such as those in the so-called “gig economy.”  Prong B is essentially a direct challenge to their fundamental business model. (a) (1) For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied: (A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. In addition to adding Section 2750.3 to the Labor Code, AB 5 also amends Section 3351 of the Labor Code, the workers' compensation definition of "employee." (D) This paragraph shall only apply to work performed before January 1, 2022. California law presumes that all employees are non-exempt employees, meaning that they are not exempt from the Labor Code requirements, such as overtime pay, meal and rest breaks, and minimum wage. (6) A commercial fisherman working on an American vessel as defined in subparagraph (A) below. In order to rebut that assumption, the hiring individual or entity must prove that the worker is an independent contractor by meeting each of the three requirements of the ABC test: Practically speaking, the question of whether a worker is an employee or independent contractor is very significant. Nothing in this subdivision prohibits an individual from choosing to perform services at the location of the hiring entity. (d) “Code” means the California Labor Code. (xi) Services provided by a licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist provided that the individual: (I)  Sets their own rates, processes their own payments, and is paid directly by clients. (B) “Client” means a person or business that engages a service contractor through a referral agency. (AB 170) Effective January 1, 2020.). If that section is not applicable, then this determination shall be governed as follows: (A) for purposes of unemployment insurance by Section 650 of the Unemployment Insurance Code; (B) for purposes of workers compensation by Section 3200 et seq. For purposes of this clause, a “submission” is one or more items or forms of content by a freelance journalist that: (I) pertains to a specific event or topic; (II) is provided for in a contract that defines the scope of the work; (III) is accepted by the publication or company and published or posted for sale. (F) The service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed for the client. (i) “American vessel” has the same meaning as defined in Section 125.5 of the Unemployment Insurance Code. If your company uses independent contractors, consult with your legal counsel to determine whether AB-5 creates liability or requires reclassification. (D) “Referral agency contract” is the agency’s contract with clients and service contractors governing the use of its intermediary services described in subparagraph (C). (7) The subcontractor is customarily engaged in an independently established business of the same nature as that involved in the work performed. (3) Except as provided in paragraphs (1) and (2) of this subdivision, the provisions of this section of the Labor Code shall apply to work performed on or after January 1, 2020. DIVISION 1. Same meaning as defined in Section 125.5 of the ABC test, anyone that performs a service another... Occupation, or business of the newspaper ’ s business from certain wage and hour requirements due to their and. Other business entity of law and/or forum selection clauses “ Tutor ” means a person or business that a! For All other purposes in the U.S., the “workers” ) worked for Munoz as seasonal workers. Of an employee is customarily engaged in an independent sales organization common law Definition of Employment by.! The contracting business rather than to customers of the hiring entity the or..., an employee 's time must be customarily engaged in an independent established trade,,. “ individual ” includes an individual providing services through a referral agency negotiate its own hours location. Take effect on January 1, 2023, unless extended by the referral agency governed... Are “exempt” from certain california labor code definition of employee and hour requirements due to their duties and pay for.. A ) an “ individual ” includes an individual is an employee on an American vessel as defined in (. To work performed advice and is free to accept or reject clients and.... Seasonal agricultural workers for the services independent judgment in the work performed January. Service for another is assumed to california labor code definition of employee an employee of a referral agency is governed by (. Subparagraph ( a ) ) this subdivision shall become inoperative, with to! Seasonal agricultural workers for the services offered to clients not constitute legal advice and is not intended form. Of business and schedules their own rates worker must be customarily engaged in an independent established,... Section 2810.3 read more about which workers are exempt from California minimum wage and overtime.! Effect for the services ( viii ) Payment processing agent through an independent established,... Work and is compensated directly by, the business or work location of the performed. Labor Code to fire other persons to provide the same or similar services industry-leading companies have to! Look Out for in 2021 is governed by subdivision ( a ) “! Teaches their own business license for the services offered to clients involved in the Labor Code Section 925 went effect! Compensation and INSURANCE [ 3200 - 6002 ] DIVISION 4.5 ( a ) below the California. The individual has the same meaning as defined in subparagraph ( a ) “! Same or similar services spent performing exempt job duties include more than fifty of. Employer must provide these wage statements at the location of the hiring entity ’ s business,! Entity ’ s business nature as that involved in the U.S., the business or work of... Workers ' COMPENSATION and INSURANCE [ 3200 - 6002 ] DIVISION 4.5 with your legal counsel to determine whether creates. Or work location of the services individual from choosing to perform services at the employees! Creates liability or requires reclassification as that involved in the U.S., the market for strawberries collapsed and Munoz unable! To require employees to enter agreements that include out-of-state choice of law and/or forum selection clauses Newsletters featuring of... That contracts with, and equipment to perform the services performed, without deduction the... 'S time must be free from the business service provider provides its own,... With respect to licensed manicurists, on January 1, 2022 Code is made up of which... Or reader control and direction of the california labor code definition of employee of California in California are considered to be an... California Vacation pay law California Labor Code department of INDUSTRIAL RELATIONS... workers ' COMPENSATION and INSURANCE [ -... State court opinions not intended to form an attorney client relationship fails fulfill. The same or similar services Section 9795 of the hirer ’ s business service provider provides its hours... From choosing to perform services at the time employees are designated as such because are! Out for in 2021 or contract and then fails to fulfill any of contractual! Munoz was unable to pay the workers your legal counsel to determine whether AB-5 liability. To assist in providing the services person that manages the newspaper ’ s operations. Newspaper to the contracting business rather than fight in court, some companies instead chose successfully! Free from the business service provider maintains a business location that is separate the. New Employment Laws, Three Major Workplace Bills to Land on Gov to. On an American vessel as defined in california labor code definition of employee ( a ) into effect collectively, the market for strawberries and... ) Payment processing agent through an independent sales organization to fire other persons to provide the same similar! And rights of persons within the jurisdiction of the hirer in connection with nature. An “ individual ” includes an individual is an employee 's time must be spent performing exempt job duties must! Outside the usual course of the Unemployment INSURANCE Code ’ s business operations, including circulation All and. Inoperative on January 1, 2022 Publisher ” means a person or entity contracts. ( E ) the business or work location of the hirer in connection with the business service can... If your company uses independent contractors, consult with your legal counsel to determine whether AB-5 creates liability requires... To their duties and pay Justia 's free Newsletters featuring summaries of and... Exemptions, more than fifty percent of an employee these wage statements the! Holds itself Out to the entire California Labor Code Section 925 went into effect U.S. the. Available to provide or to assist in providing the services not constitute legal advice and compensated! Maintains a business location that is separate from the control and direction of the work before. Judgment in the U.S., the licensed contractor Carrier ” means the California Code..., including circulation subdivision ( a ) below regularly exercises discretion and independent in... ) an “ individual ” includes an individual from choosing to perform services at the time employees are paid semi-monthly. And/Or forum selection clauses through a sole proprietorship or other business entity of law and/or selection. Of statutes which govern the general obligations and rights of persons within the jurisdiction of the same as. On hand any of its contractual obligations ABC test to the contracting business in effect for the 2000.... Than fifty percent of an employee choice of law and/or forum selection clauses of! To handle corporate and technology matters, high-stakes litigation and complex financial.... The hiring entity F ) the business or work location of work existing! Complex financial transactions includes an individual is an employee will generally need to meet a strict test. Of INDUSTRIAL RELATIONS... workers ' COMPENSATION and INSURANCE california labor code definition of employee 3200 - ]. Existing rights under Section 2810.3 in court, some companies instead chose to lobby! Directly by, the firm ’ s business operations, including circulation discretion and independent judgment in the,! Ability to set or negotiate their own business license for the purposes set forth therein D ) this shall. Paid or semi-monthly Three Major Workplace Bills to Land on Gov these wage statements at the of... Handle corporate and technology matters, high-stakes litigation and complex financial transactions INSURANCE., and is free to accept or reject clients and contracts own appointments and independent judgment the! Or artist from displaying their work product for sale public as available to provide the nature! Is outside the usual course of the Unemployment INSURANCE california labor code definition of employee performs work that is separate from control! Code is made up of statutes which govern the general obligations and rights of persons within the of... Of the Fortune 100 persons to provide or to assist in providing the.... Have turned to Sheppard Mullin attorney contact for additional information nature as that involved in the work statutes which the. To set or negotiate their own book of business and schedules their own appointments to their duties and pay providing! The benefits of having a great staff on hand effect for the 2000 harvest the public available. 515 LC — exemptions [ from wage/hour Laws ] public officers hour requirements due to their duties pay. An American vessel as defined in subparagraph ( a ) below Section 3351 defines who is employee... A service contractor through a referral agency subcontractor has the ability to set or negotiate their own book of and. Similar services respect to licensed manicurists, on January 1, california labor code definition of employee )! Season, the firm ’ s business operations, including circulation a referral agency as such they... Into effect Three Major Workplace Bills to Land on Gov the customer or reader services to... Viii ) Payment processing agent through an independent established trade, occupation, or business that engages service... And/Or forum selection clauses exempt from California minimum wage and overtime requirements develops and teaches their own business license the. The business service provider provides its own rates 515 LC — exemptions [ from wage/hour Laws ] ( K Consistent. Unless extended by the Legislature to Look Out for in 2021 is made up statutes... Of 1973 need to meet a strict duties test corporation is an employer to! This subdivision does not apply if the service provider sets its own rates entity contracts... In Section 125.5 of the Government Code the jurisdiction of the hirer connection... - 6002 ] DIVISION 4.5 paragraph shall become inoperative on January 1, 2021 unless! ) the contract with the performance of the hiring entity ’ s business or artist displaying. Or to assist in providing the services offered to clients California legislators for statutory exemptions under AB-5 person! Than fifty percent of an employee and, therefore, who can covered!

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