Thread by @heratylaw

CA's #AB2257 has been signed, which expands the groups of people that are exempt from being required to be treated as employees under #AB5.

Here's the text of the legislation:
leginfo.legislature.ca.gov/faces/billNavC…

exempt frm #AB5 under #AB2257: "Services provided by a freelance writer, translator, editor, copy editor, illustrator, or newspaper cartoonist who works under a written contract that specifies the rate of pay, intellectual property rights, and obligation to pay by a defined time"

exempt from #AB5 under #AB2257: "Services provided by an individual as a content contributor, advisor, producer, narrator, or cartographer for a journal, book, periodical, evaluation, other publication or educational, academic, or instructional work in any format or media"

the key to many of these broad exemptions under #AB5/#AB2257 seems to be written contracts: "who works under a written contract that specifies the rate of pay, intellectual property rights, and obligation to pay by a defined time"

Overall, this is great news for independent writers, creators, and producers who have been forced to become employees for media companies because of the requirements of #AB5.

#AB2257 exemption factor:
- freelancer maintains a business location (which may include the freelancer’s residence) that is separate from the hiring entity's location (1/8)

#AB2257 exemption factor:
- if the freelancer's jurisdiction requires a business license, the freelancer has acquired the business license (2/8)

#AB2257 exemption factor:
- freelancer has the ability to set or negotiate their own rates for the services performed. (3/8)

#AB2257 exemption factor:
- Outside of project completion dates and reasonable business hours, the freelancer has the ability to set their own hours. (4/8)

#AB2257 exemption factor:
- freelancer is customarily engaged in the same type of work performed under contract with another hiring entity, or holds themselves out to other potential clients as available to perform the same type of work. (5/8)

#AB2257 exemption factor:
- freelancer customarily and regularly exercises discretion and independent judgment in the performance of their services. (6/8)

#AB2257 exemption factor:
- freelancer works under a written contract that specifies the rate of pay, intellectual property rights, and client's obligation to pay by a defined time. (7/8)

#AB2257 exemption factor:
- freelancer is not directly replacing an employee doing the same work, does not primarily work at the hiring entity's location, and is not restricted from working for more than one hiring entity. (8/8)