CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

99

Introduced by Assembly Member Wicks

February 16, 2024

An act to amend Section 2753 of the Labor Code, relating to employment.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires, except as prescribed, a person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for that individual to be jointly and severally liable with the employer, if the individual is found not to be an independent contractor.

This bill would make nonsubstantive changes to that provision.

The people of the State of California do enact as follows:

SECTION 1.

Section 2753 of the Labor Code is amended to read:

2753.

(a) A person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for that individual shall be jointly and severally liable with the employer employer, if the individual is found not to be an independent contractor.

(b) This section does not apply to the following persons:

(1) A person who provides advice to his or her their employer.

(2) An attorney authorized to practice law in California or another United States jurisdiction who provides legal advice in the course of the practice of law.