Worker status: employees and independent contractors.
Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (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.
us/states/ca
California Legislature
20192020
AB 5
California AB 5 (20192020)
bill
appropriation
Worker status: employees and independent contractors.
California AB 5 (20192020) — Worker status: employees and independent contractors.
Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass and be re-referred to the Committee on [Appropriations] — 5–0 (pass) · lower
Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] — 4–1 (pass) · upper
Do pass. — 13–3 (pass) · lower
AB 5 Gonzalez Concurrence in Senate Amendments — 61–16 (pass) · lower
AB 5 Gonzalez Assembly Third Reading — 59–15 (pass) · lower
3rd Reading AB5 Gonzalez et al. By Durazo — 29–11 (pass) · upper
AB 5 Gonzalez Concurrence in Senate Amendments Motion to Appeal the Decision of the Chair By GALLAGHER — 16–53 (fail) · lower
Do pass as amended — 5–2 (pass) · upper
Sponsors
Gonzalez — primary (person)
Bonta — coauthor (person)
Carrillo — coauthor (person)
Durazo — coauthor (person)
Gloria — coauthor (person)
Kalra — coauthor (person)
Leyva — coauthor (person)
Mark Stone — coauthor (person)
McCarty — coauthor (person)
Medina — coauthor (person)
Rendon — principal coauthor (person)
Skinner — coauthor (person)
Wicks — coauthor (person)
Timeline
The legislative action history — every referral, reading, and vote.
2018-12-03 Read first time. To print. reading-1
2018-12-04 From printer. May be heard in committee January 3.
2019-03-25 Referred to Com. on L. & E. referral-committee
2019-03-26 From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. reading-1, reading-2, amendment-passage, amendment-introduction
2019-03-27 Re-referred to Com. on L. & E. referral-committee
2019-04-04 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 3). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2019-05-01 From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. reading-1, reading-2, amendment-passage, amendment-introduction
2019-05-02 Re-referred to Com. on APPR. referral-committee
2019-05-24 Read third time and amended. Ordered to third reading. (Page 1984.) amendment-passage, reading-3, reading-1
2019-05-29 Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 15. Page 2071.) passage, reading-3, reading-1
2019-05-30 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2019-06-12 Referred to Com. on L., P.E. & R. referral-committee
2019-07-10 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 10). amendment-passage, committee-passage, amendment-introduction
2019-07-11 Read second time and amended. Re-referred to Com. on APPR. reading-1, reading-2, amendment-passage, referral-committee
2019-08-12 In committee: Referred to APPR. suspense file. referral-committee
2019-08-30 From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 30). amendment-passage, committee-passage, amendment-introduction
2019-08-30 Read second time and amended. Ordered returned to second reading. amendment-passage, reading-1, reading-2
2019-09-03 Read second time. Ordered to third reading. reading-1, reading-2
2019-09-06 Read third time and amended. Ordered to second reading. amendment-passage, reading-3, reading-1
2019-09-09 Read second time. Ordered to third reading. reading-1, reading-2
2019-09-10 Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 11. Page 2770.). passage, reading-3, reading-1
2019-09-10 In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.