Are those that are evaluating AB5 aware of all the carve outs? Is this an attack on ride-sharing & food delivery specifically? The list is so long it's comical. Tweet storm needed (due to length of list). nfib.com/content/legal-… [next tweet]
We will start with "Occupational Exemptions"
AB-5 exempts the following industries:
Doctors, surgeons, dentists, podiatrists, psychologists, or veterinarians performing professional or medical services provided to or by a health care entity;
Lawyers, insurance brokers...
AB-5 exempts the following industries:
Doctors, surgeons, dentists, podiatrists, psychologists, or veterinarians performing professional or medical services provided to or by a health care entity;
Lawyers, insurance brokers...
...architects, engineers, private investigators, or accountants; Securities brokers/dealers or investment advisers and their agents and representatives that are registered with the Securities and Exchange Commission, the Financial Industry Regulatory Authority or the State of ...
...California; Real estate agents, repossession agencies, direct-sales persons, commercial fishermen;
Individuals performing services under a contract with a licensed “motor club.” (whew 22 of those - done with that category, still more to come) [next tweet]
Individuals performing services under a contract with a licensed “motor club.” (whew 22 of those - done with that category, still more to come) [next tweet]
Next is "Professional Services Exemptions"
AB-5 provides carve-outs for the following “professional services:” (1) marketing professional; (2) human resources professional; (3) travel agent; (4) graphic designer; (5) graphic artist; (6) fine artist; (7) freelance writer...
AB-5 provides carve-outs for the following “professional services:” (1) marketing professional; (2) human resources professional; (3) travel agent; (4) graphic designer; (5) graphic artist; (6) fine artist; (7) freelance writer...
...(8) barber or cosmetologist; (9) esthetician; (10) electrologist; (11) manicurist; (12) payment processing agent; and (13) IRS licensed tax professional.
OK so 22 industries & 13 professions are exempt. Done? Nope. [next tweet]
OK so 22 industries & 13 professions are exempt. Done? Nope. [next tweet]
Next comes the "Referral Agency Exemption"
AB-5 provides an exemption for businesses referring customers to providers for the following services: (1) graphic design; (2) photography; (3) tutoring; (4) event planning; (5) moving; (6) minor home repairs; (7) home cleaning; ...
AB-5 provides an exemption for businesses referring customers to providers for the following services: (1) graphic design; (2) photography; (3) tutoring; (4) event planning; (5) moving; (6) minor home repairs; (7) home cleaning; ...
...(8) errands; (9) furniture assembly; (10) animal services (11) dog walking; (12) dog grooming; (13) web design; (14) picture hanging; (15) pool cleaning; or (16) yard cleanup. If the service in question is not on this list then it does not qualify for this carve-out. [next]
Wow 16 of those. So 22+13+16=51 pre-existing job types that are "exempt." Done? No. The entire construction industry is also exempt. That's pretty big, no?
Construction Industry Exemption
AB 5 provides special rules for working with subcontractors in the construction industry.
Construction Industry Exemption
AB 5 provides special rules for working with subcontractors in the construction industry.
And just in case there was anyone they meant to let slide, but didn't think of in this list, there is a catch all.
Narrow Business-to-Business Exception
If the worker does not fit within any of the special industry exceptions, they might fit within the limited business-to-...
Narrow Business-to-Business Exception
If the worker does not fit within any of the special industry exceptions, they might fit within the limited business-to-...
...business exception. To qualify, the work must be performed by a business entity formed as a sole proprietor, partnership, LLC, or corporation. The services must be provided directly to the contracting company, as opposed its customers and the contract must be in writing.
Hard to believe that the real problem being solved here is the rights of the worker when you have 51 job types + the entire construction industry carved-out.
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