California 2019-2020 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

AB 170 — Worker status: employees and independent contractors.

Last action — Chaptered by Secretary of State - Chapter 415, Statutes of 2019.

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

This bill has been enacted into law. Introduced January 08, 2019. Enacted.

Prognosis

Likely to advance 78% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Mixed recorded votes

    10 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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) . This bill would, until January 1, 2021, also exempt a newspaper distributor working under contract with a newspaper publisher and a newspaper carrier working under contract, either with a newspaper publisher or newspaper distributor, from the Dynamex provisions proposed to be added by AB 5 described above. This bill would make its operation contingent on the enactment of AB 5 of the 2019–20 Regular Session.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 415, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 6. Page 3607.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 2.) (September 13).

  6. Joint Rule 62(a), file notice suspended. (Page 3575.)

  7. Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2934.).

  10. Read second time. Ordered to third reading.

  11. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (September 12). Re-referred to Com. on APPR.

  13. Re-referred to Com. on L., P.E. & R.

  14. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Joint Rules 61 and 62 suspended. (Ayes 28. Noes 9. Page 2757.)

  18. Reconsideration granted. (Ayes 40. Noes 0. Page 2458.)

  19. Read third time. Refused passage. (Ayes 19. Noes 13. Page 2458.).

  20. Read second time. Ordered to third reading.

  21. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  22. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  23. Read second time. Ordered to third reading.

  24. Read third time and amended. Ordered to second reading.

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 7. Noes 2.) (July 2).

  27. Read second time and amended. Re-referred to Com. on JUD.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 12).

  29. Referred to Coms. on L., P.E. & R. and JUD.

  30. In Senate. Read first time. To Com. on RLS. for assignment.

  31. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 17. Page 1250.)

  32. Read second time. Ordered to third reading.

  33. Read second time and amended. Ordered returned to second reading.

  34. From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 26).

  35. Re-referred to Com. on JUD.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  37. In committee: Set, first hearing. Hearing canceled at the request of author.

  38. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (March 6). Re-referred to Com. on JUD.

  39. Referred to Coms. on L. & E. and JUD.

  40. From printer. May be heard in committee February 8.

  41. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 15 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

AB 170 Gonzalez Concurrence in Senate Amendments

Passed 66 Yea · 6 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 42406
Democratic 20200
Republican 4001
Total 66607
% of votes cast 84%8%0%9%
How each member voted (79)
Member Party Vote
Fong — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Brough — Nay
Gonzalez — Nay
Low — Nay
Cooper — Not Voting
Obernolte — Not Voting
Gray — Not Voting
Bigelow — Not Voting
Melendez — Not Voting
Nazarian — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Nay
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Nay
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB170 Gonzalez et al. By Mitchell

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26001
Democratic 10000
Republican 2100
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Moorlach — Not Voting
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB170 Gonzalez By Durazo Reconsider

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB170 Gonzalez By Durazo

Failed 19 Yea · 13 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 7102
Unaffiliated 12906
Republican 0300
Total 191308
% of votes cast 48%33%0%20%
How each member voted (40)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Beall — Yea
Atkins — Yea
Hueso — Yea
Leyva — Yea
Skinner — Yea
Allen — Yea
Hertzberg — Yea
Portantino — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Galgiani — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Dodd — Not Voting
Rubio — Not Voting
Roth — Not Voting
Hill — Not Voting
Glazer — Not Voting
Bradford — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 170 Gonzalez Assembly Third Reading

Passed 49 Yea · 17 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 299010
Democratic 20104
Republican 0700
Total 4917014
% of votes cast 61%21%0%18%
How each member voted (80)
Member Party Vote
Salas — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Kiley — Nay
Gray — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Waldron — Nay
O'Donnell — Not Voting
Cooper — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Kamlager-Dove — Not Voting
Daly — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Diep — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 2101
Republican 0100
Total 8301
% of votes cast 67%25%0%8%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Mark Stone — Yea
Fong, Mike Democratic Nay
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 170 do?
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) . This bill would, until January 1, 2021, also exempt a newspaper distributor working under contract with a newspaper publisher and a newspaper carrier working under contract, either with a newspaper publisher or newspaper distributor, from the Dynamex provisions proposed to be added by AB 5 described above. This bill would make its operation contingent on the enactment of AB 5 of the 2019–20 Regular Session.
Who sponsors AB 170?
AB 170 is sponsored by Hertzberg, McGuire, Mike (Democratic), Mitchell, and Gonzalez, Jeff (Republican).
What is the current status of AB 170?
This bill has been enacted into law. Introduced January 08, 2019. Enacted.
Where can I track AB 170?
Track AB 170 free on One Click Politics — get push/email alerts when it moves.

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