California Labor Code

§ 2781

LAB § 2781 Effective Jan 1, 2022Div. 3 · Ch. 2 · Art. 1.5

Statute text

Section 2775 and the holding in Dynamex do not apply to the relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry, and instead the determination of whether the individual is an employee of the contractor shall be governed by Section 2750.5 and by Borello, if the contractor demonstrates that all the following criteria are satisfied:

(a)The subcontract is in writing.

(b)The subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license.

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Legislative history

Amended by Stats. 2021, Ch. 422, Sec. 2. (AB 1561) Effective January 1, 2022.