Sacramento Democrats Kill Legislation that Would Help Independent Contractors

SACRAMENTO – Today, California State Senate Republicans rallied with independent contractors in support of Senate Bill 238. This proposed legislation would have allowed hardworking Californians who are independent contractors to continue with their employment choice. SB 238 would have conformed California’s test for employment with an existing federal standard. Following a press conference, SB 238, introduced by Senate Republican Leader Shannon Grove (R-Bakersfield) and co-authored by all Senate Republicans, was heard in the Senate Labor Committee. The bill failed to pass on a partisan vote.

In 2018, the California State Supreme Court ruling known as the Dynamex decision created a new test to determine whether a worker is an employee or an independent contractor.  The new test doesn’t account for the diverse workforce in California.

“We all know someone who is an independent contractor: a single mother who takes a job with Uber or a millennial who has a side gig to earn money to pay for their college education.  In fact, nearly half of all millennials are currently freelancers.  This court ruling has affected their livelihood.

“The one-size-fits all employment standard effectively undercuts nearly two million workers’ freedom to choose independent work as a way to support themselves and their families. It’s unfortunate that this became a partisan issue in the Capitol when it is an issue that impacts millions in California,” said Leader Grove.

“As a millennial independent contractor, I’m concerned about the restrictive employment test handed down by the state’s highest court. I support Senator Grove’s legislation and I want to fight for workplace flexibility,” said 23-year-old Thomas May, who owns a financial services business and contracts with many different clients.

Support for SB 238 included:

  • United Chamber of Advocacy Network
  • El Dorado County Chamber of Commerce
  • Elk Grove Chamber of Commerce
  • Folsom Chamber of Commerce
  • Greater Sacramento Vietnamese American Chamber of Commerce
  • Kern County Black Chamber of Commerce
  • Rancho Cordova Chamber of Commerce
  • Roseville Chamber of Commerce
  • Vacaville Chamber of Commerce

Powerful testimony was heard from:

Password to view videos: SB238

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