California's strict test for employment status, known as AB 5, is about to get adjusted to provide some relief for a number of traditionally freelance workers who said their business was harmed by the law, which kicked in early in 2020 and mandated that many of these workers be legally treated as employees.
The new bill is going to the governor, who is expected to sign it, and it will then go immediately into effect. This new bill will:
- strike the 35-submission cap for freelance writers and photographers. Under current rules, any California-based freelancer who contributes more than 35 submissions to an outlet per year must be reclassified as an employee.
- add translators, appraisers and registered foresters to the "professional services" exemption. This exemption currently covers graphic designers, travel agents and marketers, among others.
- allow workers in much of the music industry to continue working as freelancers. The list of exemptions includes recording artists, songwriters, producers, promoters and many others.
The new bill also adds exemptions for:
- youth sports coaches,
- specialized performers,
- home inspectors,
- insurance industry field service contractors,
- appraisers,
- underwriting inspectors,
- premium auditors,
- risk management, or loss control specialists
- sports competition judges, umpires, and referees,
- graphic design,
- web design,
- tutoring,
- consulting,
- caddying,
- wedding planning & event vending,
- yard cleanup,
- captioning,
- interpreting and translating services.
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