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Purely a product of the political process, Assembly Bill (AB) 2257– through Labor Code section 2783 – has expanded exemptions from the severe “ABC” independent contractor classification test for specific industries/licensed professionals. See, Dodging the Bullet – The Industries and Professions Not Subject to California’s New Independent Contractor Restrictions (October 9, 2020).
The “specified occupations” exemption continues to apply to accountants, architects, commercial fishers working on an American vessel, dentists, direct sales salespersons (as described in Unemployment Insurance Code section 650), engineers, insurance agents, investment advisors, lawyers, physicians, podiatrists, private investigators, psychologists, securities broker-dealers or investment advisors or their agents and representatives, surgeons and veterinarians.
The new law now applies the exemption to:
To classify someone engaged in one of the above occupations as an independent contractor, the hiring entity must establish, case-by-case, that the greater weight of the Borello factors applies.
See also:
For more information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
Cindy Bamforth
October 22, 2020
Amateur Umpires and RefereesAmong Expanded “Specified Occupations” Exceptions to Strict Test
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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