Not sure I agree but if you are right, the software engineering job (which you can get a degree for which would be a certification or even a software cert like

Not sure I agree but if you are right, the software engineering job (which you can get a degree for which would be a certification or even a software cert like MCSD or similar) would mostly depend on the job at hand. If it was for any company/client that their main focus isn't software contracting then if would be fine according to the not the same field rule. If it was for a software company already, that contracted out then maybe but probably not for a few reasons: Contracts are usually project based or short term anyways (in hiring case contract to hire) and contractors usually have multiple clients and change frequently which would also fall into the non-long term exemption. Finally, again, if you have a degree, one certification (even MCSD or other) or you have an LLC, which every contractor/freelancer should have anyways, then you would be fine. I think you are trying really hard to make this affect software engineers/developers or other developer fields when it would easily be avoidable. The law was meant to target California companies abusing industry like food service, cleaning services, healthcare services where companies are clearly abusing workers and workers would rather be employed further. Most software contractors do not want to be full/part time and enjoy their freedom of setting their hours and picking and choosing clients. The only software field companies this would affect would be companies that force their developers to be in the office, between certain times, that sell software development services and have these workers for long term periods of time. Basically those situations the software developer probably does want to be employed so again not really an issue.