From the bill:
> a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation or business.
Under these conditions, what position would qualify as a contractor?
The first clause
> free from control and direction of the hiring entity in connection with the performance of the work
seems awfully broad. If I contract someone to clean my house, I would hope I have some control and direction of the person in connection to them cleaning my house. Or am I reading this wrong.
The second clause
> the person performs work that is outside the usual course of the hiring entity’s business
means I can't contract out work that I normally do? So if I'm a cleaner, I can't contract out other cleaners if I'm swamped.
The third clause
> person is customarily engaged in an independently established trade, occupation or business
I don't really know what that means
Can someone shed some light on the text?
[0] https://legiscan.com/CA/text/AB5/2019
> a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation or business.
Under these conditions, what position would qualify as a contractor?
The first clause
> free from control and direction of the hiring entity in connection with the performance of the work
seems awfully broad. If I contract someone to clean my house, I would hope I have some control and direction of the person in connection to them cleaning my house. Or am I reading this wrong.
The second clause
> the person performs work that is outside the usual course of the hiring entity’s business
means I can't contract out work that I normally do? So if I'm a cleaner, I can't contract out other cleaners if I'm swamped.
The third clause
> person is customarily engaged in an independently established trade, occupation or business
I don't really know what that means
Can someone shed some light on the text?
[0] https://legiscan.com/CA/text/AB5/2019