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Much of last year was consumed around the debate on Assembly Bill 5 (Gonzalez) that codified the Dynamex decision and enacted the three-part ABC Test to determine the eligibility of an individual or business to be considered an independent contractor. That debate has spilled over to this year as 33 measures have been introduced to change, in part or whole, the new law implemented by the passage of AB 5. 

The first action on these measures took place last week as Assemblymember Kevin Kiley (Rockin) attempted to take up his AB 1928 on the Assembly Floor. AB 1928 sought to repeal the entire AB 5 law and, instead, codify the Borello standard for determining worker classification. Claiming that the chair of the Assembly Labor Committee was choosing not to set AB 1928 for hearing, Assemblymember Kiley made an effort to get a rule waiver to bring the bill to the Floor for a vote of the Assembly. His effort failed with a 50-15 vote. 

Assemblymember Lorena Gonzalez (San Diego) acknowledged in the final days of session last year that there were some professions that needed exemptions, which she committed to working on this year. Those exemptions, if put into a bill, may or may not make it through the Legislature. Most of these follow-up bills to AB 5 are authored by Republican legislators. Aside from AB 5 authored by Assemblymember Gonzalez, there are some Democratic lawmakers who are also pushing their own solutions. Here is a wrap-up of the AB 5 follow-up bills that have been introduced.

Democrat-authored bills

  • AB 1850 (Gonzalez) – This is the author’s primary follow-up bill to AB 5. Gonzalez recently amended the bill and pegged it as an exemption for photojournalists, freelance writers, editors, and cartoonists, but it also includes language to highlight business-to-business exemptions. 
  • AB 2465 (Gonzalez) – Exemption of barbering and cosmetology from the provisions of AB 5.
  • SB 900 (Hill) – Currently a placeholder for future language on AB 5.
  • SB 1039 (Galgiani) – Currently a placeholder for future language to create a third classification of workers with basic rights and protections relative to work opportunities. 
  • SB 1236 (Stern) – Currently a placeholder for future language on AB 5.

Republican-authored bills

  • AB 1925 (Obernolte) – Exemption of small businesses, those with fewer than 100 employees, from the provisions of AB 5. 
  • AB 1928 (Kiley) – Repeal and replace AB 5 and the ABC Test with the multifactor test put forward in Borello.
  • AB 2457 (Melendez) – Exemption of pharmacists from the provisions of AB 5.
  • AB 2458 (Melendez) – Exemption of physical therapists from the provisions of AB 5.
  • AB 2489 (Choi) – Exemption of franchiser and franchisees from the provisions of AB 5.
  • AB 2497 (Bigelow) – Exemption of transportation network companies from the provisions of AB 5.
  • AB 2572 (Dahle) – Exemption of timber operators, registered forest professionals, geologists, geophysicists, and land surveyors from the provisions of AB 5.
  • AB 2750 (Bigelow) – Currently a placeholder for future language on AB 5.
  • AB 2793 (Mathis) – Exemption of licensed marriage and family therapists from the provisions of AB 5.
  • AB 2794 (Mathis) – Exemption for health facilities that contract with companies that employ health care providers from the provisions of AB 5.
  • AB 2796 (Fong) – Exemption of newspaper distributors or newspaper carriers from the provisions of AB 5.
  • AB 2822 (Waldron) – Exemption of transportation network companies from the provisions of AB 5.
  • AB 2823 (Waldron) – Exemption of land surveyors, landscape architects, geologists, or geophysicists from the provisions of AB 5.
  • AB 2979 (Voepel) – Exemption of interpreters and translators from the provisions of AB 5.
  • AB 3136 (Voepel) – Exemption of shorthand reporters from the provisions of AB 5.
  • AB 3185 (Lackey) – Exemption of referees or umpires for youth sports from the provisions of AB 5.
  • AB 3281 (Brough) – Exemption of business-to-business contracting relationships from the provisions of AB 5.
  • ACA 19 (Kiley) – An amendment to repeal AB 5 and codify the Borello test into the California Constitution.
  • SB 806 (Grove) – Repeal of AB 5 and replace with a modified A plus B or C Test to determine worker classification.
  • SB 867 (Bates) – Exemption of newspaper distributors or newspaper carriers from the provisions of AB 5.
  • SB 868 (Bates) – Exemption of freelance journalists from the provisions of AB 5.
  • SB 875 (Grove) – Exemption of interpreters and translators from the provisions of AB 5.
  • SB 881 (Jones) – Exemption of musicians and music industry professionals from the provisions of AB 5.
  • SB 963 (Morrell) – Exemption of referees and umpires for youth sports from the provisions of AB 5.
  • SB 965 (Nielsen) – Exemption for health facilities that contract with companies that employ health care providers from the provisions of AB 5.
  • SB 967 (Borgeas) – Exemption of franchiser and franchisees from the provisions of AB 5.
  • SB 975 (Dahle) – Exemption of licensed timber operator or a registered professional forester from the provisions of AB 5.
  • SB 990 (Moorlach) – Exemption of transportation network companies from the provisions of AB 5.

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