There are exceptions for certain "professional services" providers if certain factors are satisfied. Curiously enough, software developer isn't one of the excep

There are exceptions for certain "professional services" providers if certain factors are satisfied. Curiously enough, software developer isn't one of the exceptions. (c) (1) Subdivision (a) and the holding in Dynamex do not apply to a contract for “professional services” as defined below, and instead the determination of whether the individual is an employee or independent contractor shall be governed by Borello if the hiring entity demonstrates that all of the following factors are satisfied: (A) The individual maintains a business location, which may include the individual’s residence, that is separate from the hiring entity. Nothing in this subdivision prohibits an individual from choosing to perform services at the location of the hiring entity. (B) If work is performed more than six months after the effective date of this section, the individual has a business license, in addition to any required professional licenses or permits for the individual to practice in their profession. (C) The individual has the ability to set or negotiate their own rates for the services performed. (D) Outside of project completion dates and reasonable business hours, the individual has the ability to set the individual’s own hours. (E) The individual is customarily engaged in the same type of work performed under contract with another hiring entity or holds themselves out to other potential customers as available to perform the same type of work. (F) The individual customarily and regularly exercises discretion and independent judgment in the performance of the services. "Professional services" include: (i) Marketing (ii) Administrator of human resources (iii) Travel agent services (iv) Graphic design (v) Grant writer (vi) Fine artist (vii) [IRS enrolled agent] (viii) Payment processing agent (ix) [Certain still photographer or photojournalist ... ] (x) [Certain freelance writer, editor, or newspaper cartoonist ... ] (xi) [Certain licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist ... ] [And even more exceptions for real estate agents, repo people, etc.,.]