BILL NUMBER: SB 1583	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2008
	PASSED THE ASSEMBLY  AUGUST 14, 2008
	AMENDED IN ASSEMBLY  JUNE 25, 2008
	AMENDED IN SENATE  APRIL 15, 2008

INTRODUCED BY   Senator Corbett

                        FEBRUARY 22, 2008

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1583, Corbett. Employment: independent contractors.
   Existing law creates a rebuttable presumption that certain workers
performing services for which a license is required are employees
rather than independent contractors.
   This bill would provide that 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
the individual shall be jointly and severally liable with the
employer if the individual is not found to be an independent
contractor. This bill would exempt from the provisions regarding
joint and several liability a person who provides advice to his or
her employer or an attorney who provides legal advice in the course
of practicing law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2753 is added to the Labor Code, 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 if
the individual is not found 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 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.