New Exemptions to AB 5

New Exemptions to AB 5

Last week, the Governor signed into law AB 2257, which adds new exemptions to AB 5 (the law that uses the ABC test to classify most workers as employees with limited exceptions). This law took effect immediately. The new exemptions include:

• Videographers
• Photo Editors
• Digital Content Aggregators
• Translators
• Copy Editors
• Illustrators
• Content Contributors
• Producers
• Narrators
• Cartographers
• Specialized Performer hired by a performing arts company to teach a class for no more than 1 week
• Appraisers
• Home Inspectors
• 2 sole proprietors or individuals acting through a business entity, if it is a single engagement event
• The following professions in the music industry (excluding film and television production crews):
o Recording artists
o Songwriters, lyricists, composers and proofers
o Mao Recording artists
o Songwriters, lyricists, composers and proofers
o Managers of recording artists
o Record producers and directors
o Musical engineers and mixers
o Musicians engaged in creation of sound recordings
o Vocalists
o Photographers working on recording photo shoots, album covers and other publicity events
o Independent radio promoters
o Other individuals engaged in creative, production, marketing or publicist services
• Musicians and Musical Groups for single-engagement live performances
• Individual performance artist performing material that is their original work and creative in character (includes comedy, improve, magic/illusion, storytelling and puppetry)
• Data Aggregator
• Landscape Architect
• Manufactured Housing Salesperson
• Persons engaged by an international exchange visitor program
• Competition Judges (including amateur referees and umpires)

Please note that these exceptions do NOT mean that these categories are automatically deemed to be independent contractors. Rather, the stringent ABC test is not used and a different test and analysis is applied to determine whether the person is an employee or independent contractor.

In addition, many of these exception have pre-conditions and other criteria that must be met in order to qualify for the exemption. If you have any questions about these or any other exemptions, please feel free to contact our office.

Melissa L. Bustarde