§ 2785. — 2785. (Added by Stats. 2020, Ch. 38, Sec. 2.)

California § 2785.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 3.: DIVISION 3. EMPLOYMENT RELATIONS
• Ch. 2.: CHAPTER 2. Employer and Employee
• Art. 1.5.: ARTICLE 1.5. Worker Status: Employees

Text

(a)
Section 2775 does not constitute a change in, but is declaratory of, existing law with regard to wage orders of the Industrial Welfare Commission and violations of this code relating to wage orders.
(b)
Insofar as the application of Sections 2776 to Section 2784 would relieve an employer from liability, those sections shall apply retroactively to existing claims and actions to the maximum extent permitted by law.
(c)
Except as provided in subdivisions (a) and (b) of this section, this article shall apply to work performed on or after January 1, 2020.
(d)
If a hiring entity can demonstrate compliance with all of conditions set forth in any one of Sections 2776 to 2784, inclusive, then Section 2775 and the holding in Dynamex do not apply to that entity, and instead the determination of
an individual’s employment status as an employee or independent contractor shall be governed by Borello.

Legislative History

Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.