republic-os/legislation/us/states/ca/20192020/ab-170.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Worker status: employees and independent contractors.	Existing law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for those purposes. AB 5 of the 2019–20 Regular Session states the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. AB 5 provides that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and 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 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. AB 5 also exempts specified occupations from the application of Dynamex, and would instead provide that these occupations are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) .	us/states/ca	California Legislature	20192020	AB 170	California AB 170 (20192020)	bill	Worker status: employees and independent contractors.	enacted	Gonzalez	9	41	11	2019-01-08	2019-10-02	openstates	ocd-bill/44dc2b10-c81f-4092-84f2-483dd971567b	http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB170	58c386067cf999dfabe2ce74474e08cc8e21181c9fa424d67cb5b284d5f440e4	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-ca

California AB 170 (20192020) — Worker status: employees and independent contractors.

Existing law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for those purposes. AB 5 of the 2019–20 Regular Session states the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. AB 5 provides that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and 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 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. AB 5 also exempts specified occupations from the application of Dynamex, and would instead provide that these occupations are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) .

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. 01/08/19 - Introduced (filed) — source
2. 03/21/19 - Amended Assembly (committee substitute) — source
3. 04/01/19 - Amended Assembly (committee substitute) — source
4. 06/13/19 - Amended Senate (committee substitute) — source
5. 08/20/19 - Amended Senate (committee substitute) — source
6. 09/10/19 - Amended Senate (committee substitute) — source
7. 10/02/19 - Chaptered (committee substitute) — source
8. AB170 (committee substitute) — source
9. 09/16/19 - Enrolled (enrolled) — source

Votes

• AB 170 Gonzalez Assembly Third Reading — 49–17 (pass) · lower
• Do pass, but first be re-referred to the Committee on [Appropriations] — 5–0 (pass) · upper
• Do pass — 7–2 (pass) · upper
• 3rd Reading AB170 Gonzalez By Durazo — 19–13 (fail) · upper
• With recommendation: That Senate amendments be concurred in. — 4–2 (pass) · lower
• 3rd Reading AB170 Gonzalez By Durazo Reconsider — 40–0 (pass) · upper
• Do pass as amended. — 8–3 (pass) · lower
• Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] — 4–1 (pass) · upper
• AB 170 Gonzalez Concurrence in Senate Amendments — 66–6 (pass) · lower
• Do pass and be re-referred to the Committee on [Judiciary] — 5–1 (pass) · lower
• 3rd Reading AB170 Gonzalez et al. By Mitchell — 38–1 (pass) · upper

Sponsors

• Gonzalez — primary (person)
• Hertzberg — coauthor (person)
• McGuire — coauthor (person)
• Mitchell — coauthor (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2019-01-08 Read first time. To print. reading-1
• 2019-01-09 From printer. May be heard in committee February 8.
• 2019-01-24 Referred to Coms. on L. & E. and JUD. referral-committee
• 2019-03-07 From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (March 6). Re-referred to Com. on JUD. committee-passage-favorable, committee-passage, referral-committee
• 2019-03-12 In committee: Set, first hearing. Hearing canceled at the request of author.
• 2019-03-21 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. reading-1, reading-2, amendment-passage, amendment-introduction
• 2019-03-25 Re-referred to Com. on JUD. referral-committee
• 2019-03-28 From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 26). amendment-passage, committee-passage, amendment-introduction
• 2019-04-01 Read second time and amended. Ordered returned to second reading. amendment-passage, reading-1, reading-2
• 2019-04-02 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-04-22 Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 17. Page 1250.) passage, reading-3, reading-1
• 2019-04-23 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
• 2019-05-01 Referred to Coms. on L., P.E. & R. and JUD. referral-committee
• 2019-06-12 From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 12). amendment-passage, committee-passage, amendment-introduction
• 2019-06-13 Read second time and amended. Re-referred to Com. on JUD. reading-1, reading-2, amendment-passage, referral-committee
• 2019-07-03 From committee: Do pass. (Ayes 7. Noes 2.) (July 2). committee-passage-favorable, committee-passage
• 2019-07-05 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-08-20 Read third time and amended. Ordered to second reading. amendment-passage, reading-3, reading-1
• 2019-08-21 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-08-21 Re-referred to Com. on APPR. pursuant to Joint Rule 10.5. referral-committee
• 2019-08-26 From committee: Be ordered to second reading pursuant to Senate Rule 28.8. committee-passage, reading-2
• 2019-08-27 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-09-03 Read third time. Refused passage. (Ayes 19. Noes 13. Page 2458.). failure, reading-3, reading-1
• 2019-09-03 Reconsideration granted. (Ayes 40. Noes 0. Page 2458.)
• 2019-09-10 Joint Rules 61 and 62 suspended. (Ayes 28. Noes 9. Page 2757.)
• 2019-09-10 Read third time and amended. Ordered to second reading. amendment-passage, reading-3, reading-1
• 2019-09-11 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-09-11 Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). referral-committee
• 2019-09-11 Re-referred to Com. on L., P.E. & R. referral-committee
• 2019-09-12 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (September 12). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
• 2019-09-12 From committee: Be ordered to second reading pursuant to Senate Rule 28.8. committee-passage, reading-2
• 2019-09-12 Read second time. Ordered to third reading. reading-1, reading-2
• 2019-09-13 Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2934.). passage, reading-3, reading-1
• 2019-09-13 In Assembly. Concurrence in Senate amendments pending.
• 2019-09-13 Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2. referral-committee
• 2019-09-13 Joint Rule 62(a), file notice suspended. (Page 3575.)
• 2019-09-13 From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 2.) (September 13). committee-passage
• 2019-09-14 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 6. Page 3607.). amendment-passage, committee-passage-favorable
• 2019-09-17 Enrolled and presented to the Governor at 11 a.m.
• 2019-10-02 Approved by the Governor. executive-signature
• 2019-10-02 Chaptered by Secretary of State - Chapter 415, Statutes of 2019.

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/44dc2b10-c81f-4092-84f2-483dd971567b. Confidence: reported (aggregated from official California legislature records).