AB 2864 — Worker status: employees and independent contractors: youth sports.
Last action — Re-referred to Com. on L. & E.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes that, for purposes 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 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. This test is commonly known as the "ABC" test. 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 these provisions. Existing law instead provides that these exempt relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Exempt business relationships include the relationship between a referral agency and a service provider that provides one of certain listed services, under specified conditions. This bill would expand that exception to include nonprofit youth sports coaching, as prescribed, and define "nonprofit youth sports coach" for that purpose.
Bill Text
- Amended 05/04/20 - Amended Assembly Current pdf May 04, 2020
- Introduced 02/21/20 - Introduced pdf February 21, 2020
- AB2864 View text html
Action History
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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Read first time.
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From printer. May be heard in committee March 23.
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Introduced. To print.
Sponsors
- Rebecca Bauer-Kahan · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Bauer-Kahan, Rebecca Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Subjects
Frequently asked questions
- What does AB 2864 do?
- Existing law establishes that, for purposes 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 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. This test is commonly known as the "ABC" test. 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 these provisions. Existing law instead provides that these exempt relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Exempt business relationships include the relationship between a referral agency and a service provider that provides one of certain listed services, under specified conditions. This bill would expand that exception to include nonprofit youth sports coaching, as prescribed, and define "nonprofit youth sports coach" for that purpose.
- Who sponsors AB 2864?
- AB 2864 is sponsored by Bauer-Kahan, Rebecca (Democratic).
- What is the current status of AB 2864?
- 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 AB 2864?
- Track AB 2864 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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