Amateur Umpires and Referees Among Expanded “Specified Occupations” Exceptions to Strict Test
Purely a product of the political process, Assembly Bill (AB) 2257– through Labor Code section 2783 – has expanded exemptions from the severe “ABC” independent contractor classification test for specific industries/licensed professionals. See, Dodging the Bullet – The Industries and Professions Not Subject to California’s New Independent Contractor Restrictions (October 9, 2020).
The “specified occupations” exemption continues to apply to accountants, architects, commercial fishers working on an American vessel, dentists, direct sales salespersons (as described in Unemployment Insurance Code section 650), engineers, insurance agents, investment advisors, lawyers, physicians, podiatrists, private investigators, psychologists, securities broker-dealers or investment advisors or their agents and representatives, surgeons and veterinarians.
The new law now applies the exemption to:
- Competition judges with specialized skills or expertise in the rules of the contest, including an amateur umpire or referee
- Individuals providing underwriting inspections, premium audits, risk management or loss control work for the insurance and financial services industries
- International exchange visitor program hires
- Landscape architects
- Manufactured housing salespersons
- Newspaper distributors and carriers
To classify someone engaged in one of the above occupations as an independent contractor, the hiring entity must establish, case-by-case, that the greater weight of the Borello factors applies.
See also:
- California’s Newest Independent Contractor Law Part 3 – “Fine Artists” and Other Clarified and Expanded Professional Services Exemptions (October 10, 2020)
- California’s Newest Independent Contractor Law Part 2 – Revised Referral Agency Exception (September 24, 2020)
- California’s Newest Independent Contractor Law Part 1 – Revamped Business-to-Business Exceptions (September 17, 2020)
- Gagging the Gigs, Plan B – California Remodels Exceptions to Its Strict Independent Contractor Test (September 11, 2020)
For more information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
Cindy Bamforth
October 22, 2020