CaliforniaWorker classification: employees and independent contractors: licensed manicurists: commercial fishers.
What it does
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is 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. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification.
More detail
Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Existing law includes an exemption for services provided by a licensed manicurist, subject to the manicurist meeting specified conditions, and makes this exemption for licensed manicurists inoperative on January 1, 2025.
This bill would delete the January 1, 2025, inoperative date, and, instead, until January 1, 2029, reapply the above-specified exemption to certain licensed manicurists. The bill would also require the Employment Development Department and the Division of Labor Standards Enforcement to, by June 1, 2026, report to the Legislature the annual number of allegations of misclassification or other specified violations involving licensed manicurists since January 1, 2020, as specified.
Existing law also provides an exemption for a commercial fisher working on an American vessel, as defined. Existing law makes those commercial fishers eligible for unemployment insurance benefits subject to certain conditions, and requires the Employment Development Department to issue an annual report, on March 1, to the Legislature on the use of unemployment insurance in the commercial fishing industry, as provided. Existing law makes these various provisions related to commercial fishers working on an American vessel inoperative on January 1, 2026.
This bill would extend the inoperative date to January 1, 2031, and, thereby, until January 1, 2031, reapply the above-specified exemption to those commercial fishers, as prescribed. The bill would change the above-described annual reporting date from March 1 to June 30.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 3Chaptered by Secretary of State - Chapter 305, Statutes of 2025.Latest
- Oct 3Approved by the Governor Gavin Newsom.Became Law
- Sep 22Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 11
- Vote recorded AB 1514 L. & E. Concurrence in Senate Amendments By ORTEGA. Result: pass.Lower
- Sep 10Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3254.).Major
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Sep 10Assembly Rule 63 suspended. (Page 3254.)
- Sep 10From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 0.) (September 10).Minor
- Sep 9Joint Rule 62(a), file notice suspended. (Page 3061.)
- Sep 9Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.Minor
- Sep 8In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1514 L. & E. (Ortega) By Smallwood-Cuevas. Result: pass.Upper
- Sep 8Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2592.).Passed Senate
- Sep 3Read second time. Ordered to third reading.Minor
- Sep 2Read third time and amended. Ordered to second reading.Major
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 7. Noes 0.) (August 29).Minor
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 9From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 9). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jul 2From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.Major
- Jun 23From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.Major
- May 14Referred to Com. on L., P.E. & R.Minor
- May 1In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1514 Labor and Employment Consent Calendar Second Day. Result: pass.Lower
- May 1Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1388.)Passed Assembly
- Apr 28Read second time. Ordered to Consent Calendar.Minor
- Apr 24From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (April 23).Minor
- Apr 23
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 17Referred to Com. on L. & E.Minor
- Mar 11From printer. May be heard in committee April 10.
- Mar 10Read first time. To print.Introduced