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The so called repo exception [1]: > A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination
by akiselev 6y ago
The so called repo exception [1]:
> A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by Section 7500.2 of the Business and Professions Code, if the repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (nonitalic emphasis mine)
IANAL but that's not an exception - that's the bill saying that if the primary part of the ABC test does not apply, then the existing regulations for that licensed business take over from AB5.
From my quick glance, all of the exceptions I could find boiled down to this FAQ from the CA state website or older legislation explicitly mentioned right next to the exceptions in AB5 [2]:
> 4) Do AB 5 and Labor Code section 2750.3 require use of the ABC test in all situations?
> ...
> Additionally, where a court determines the ABC test cannot apply for a reason other than an express exception, the Borello test, described in Question 5 below, will apply. For example, if a court were to determine in a particular case that the ABC test is preempted by an applicable federal law, the Borello test would be used.
Note that the "express exception" in the case of the repo agencies is due to existing CA state law governing that profession which supersedes AB5 as long as the "repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact."
In the case of other licensed professions like doctors, veterinarians, and yes, commercial fishermen (who must have a commercial fishing license) they are all covered by existing, more specific, legislation and federal laws that by definition require exceptions in the State law - otherwise it'd be even more bogged down in the courts. That's why there's the Borello test and explicit exception: in order to fit in with other existing laws.
This is all just seems like self serving FUD from our industry but again, IANAL.
[1] https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB5&showamends=false https://leginfo.legislature.ca.gov/faces/billCompareClient.x...
[2] https://www.dir.ca.gov/dlse/faq_independentcontractor.htm https://www.dir.ca.gov/dlse/faq_independentcontractor.htm