Vote Smart's Synopsis:

Vote to pass a bill that amends the worker classification for self-employed individuals.

Highlights:

• Requires the holding in the case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989), which exempts specifies occupations and business relationships from the application of the ABC test, in which a person providing labor or services for remuneration is determined to be either an employee or an independent contractor, to apply to (Sec. 1):

• Recording artists, subject to certain requirements;

• Songwriters, lyricists, and composers;

• Managers of recording artists;

• Record producers;

• Musical engineers and mixers engaged in the creation of sound recordings;

• Musicians engaged in the creation of sound recordings, subject to certain requirements;

• Vocalists, subject to certain requirements;

• Photographers working on recording photo shoots, album covers, and other press and publicity purposes;

• Independent radio promoters; and

• Any other individual engaged to render any creative, production, marketing, or independent music publicist services related primarily to the creation, marketing, promotion, or distribution of sound recordings or musical compositions.

• Expands the definition of “individual” in this section to include someone providing professional services (Sec. 1):

• As a still photographer, photojournalist, videographer, or photo editor who works under a contract that specifies in advance the rate of pay, intellectual property rights, and obligation to pay by a defined time, as long as the individual providing the services is not replacing an employee performing the same work at the same volume, the individual does not primarily perform the work at the hiring entity’s business location, and the individual is not restricted from working for more than one hiring entity;

• As a freelance writer, certified translator, editor, copyeditor, illustrator, or newspaper cartoonist who works under a contract that specifies in advance the rate of pay, intellectual property rights, and obligation to pay by a defined time, as long as the individual providing the services is not replacing an employee performing the same work at the same volume, the individual does not primarily perform the work at the hiring entity’s business location, and the individual is not restricted from working for more than one hiring entity; or

• That includes underwriting inspections, premium audits, risk management, or loss control work for the insurance industry.

• Requires the following to apply to recording artists, musicians, and vocalists (Sec. 1):

• Recording artists, musicians, and vocalists will not be precluded from organizing under applicable provisions of labor law, or otherwise exercising rights granted to employees under the National Labor Relations Act;

• Musicians and vocalists who are not royalty-based participants in the work created during any specific engagement will be governed by state and local administrative and judicial bodies with respect to minimum wage and overtime requirements related to that engagement, and therefore treated as employees for such purposes under the applicable provisions of this code; and

• In all events, the terms and conditions of any current or future collective bargaining agreements or agreements between the applicable unions and respective employers will govern.

• Defines “tutor” as a person who develops and teaches their own curriculum, and teaches a curriculum that is proprietarily and privately developed, or provides private instruction or supplemental academic enrichment services by using their own teaching methodology or techniques (Sec. 1).

• Defines “youth sports coaching” as services provided by a sports coach who develops and implements their own curriculum, which may be subject to requirements of a youth sports league, for an athletic program in which youth who are 18 years of age or younger predominantly participate and that is organized for the purposes of training for and engaging in athletic activity and competition (Sec. 1).

Full Bill Text