Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that extends reprieve by two years for newspapers to consider deliverymen "employees" and requires local news organizations be prioritized in marketing contracts.

Highlights:

• Establishes that the following factors will be used to determine whether an individual is an employee or independent contractor (Sec. 2):

• Whether the individual maintains a business location, which may include the individual’s residence, that is separate from the hiring entity;

• Whether the work is performed more than 6 months after the effective date of Section 2 of this bill, or if the individual has a business license;

• Whether the individual has the ability to set or negotiate their own rates for services performed;

• Whether the individual has the ability to set their own hours, outside of project completion dates and reasonable business hours;

• Whether the individual is engaged in the same type of work performed under contract with another hiring entity; and

• Whether the individual customarily and regularly exercises discretion and independent judgement in their services.

• Establishes that the aforementioned provision is inoperative until January 1, 2023, unless extended by the legislature (Sec. 2).

• Requires agencies to give preference to local news organizations, inclusive of ethnic and community news organizations, in contracts for the placement of marketing or outreach advertising services (Sec. 3).

Full Bill Text