California 2019-2020 Regular Session Status: In Committee 3 R cosponsors

SB 990 — Worker status: independent contractors: transportation network companies.

Last action — May 14 set for first hearing. Failed passage in committee. (Ayes 1. Noes 4.) Reconsideration granted.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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. 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 established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would repeal these existing ABC test provisions and instead makes them operative on January 1, 2022.

Bill Text

Action History

  1. May 14 set for first hearing. Failed passage in committee. (Ayes 1. Noes 4.) Reconsideration granted.

  2. Set for hearing May 14.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  4. Referred to Com. on L., P.E. & R.

  5. From printer. May be acted upon on or after March 14.

  6. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Moorlach · Primary
  • Shannon Grove · Cosponsor
  • Bates · Cosponsor
  • Borgeas · Cosponsor
  • Chang · Cosponsor
  • Morrell · Cosponsor
  • Nielsen · Cosponsor
  • Wilk · Cosponsor
  • Megan Dahle · Cosponsor
  • Brian W. Jones · Cosponsor

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 1 voted No

Sponsors (1)

  • Moorlach

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

labor transportation
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Frequently asked questions

What does SB 990 do?
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. 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 established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would repeal these existing ABC test provisions and instead makes them operative on January 1, 2022.
Who sponsors SB 990?
SB 990 is sponsored by Moorlach, Grove, Shannon (Republican), Bates, Borgeas, Chang, Morrell, Nielsen, Wilk, Dahle, Megan (Republican), and Jones, Brian W. (Republican).
What is the current status of SB 990?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 990?
Track SB 990 free on One Click Politics — get push/email alerts when it moves.

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