Re: California AB-2257 (from 2020) - effect on/affected by other contract law ?
Prop. 22 affects tech writers?^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Per AB-2257, it looks like section 2778(a) (1)-(6) and (b)(2)(J) was
intended to legalize hiring freelance writers on contract again
provided the writer and company meet all the requirements:
(1) The individual maintains a business location, which may include
the individualâs residence, that is separate from the hiring entity.
Nothing in this paragraph prohibits an individual from choosing to
perform services at the location of the hiring entity.
(2) If work is performed more than six months after the effective date
of this section and the work is performed in a jurisdiction that
requires the individual to have a business license or business tax
registration, the individual has the required business license or
business tax registration in order to provide the services under the
contract, in addition to any required professional licenses or permits
for the individual to practice in their profession.
(3) The individual has the ability to set or negotiate their own rates
for the services performed.
(4) Outside of project completion dates and reasonable business hours,
the individual has the ability to set the individualâs own hours.
(5) The individual is customarily engaged in the same type of work
performed under contract with another hiring entity or holds
themselves out to other potential customers as available to perform
the same type of work.
(6) The individual customarily and regularly exercises discretion and
independent judgment in the performance of the services.
(J) Services provided by a freelance writer ... who works under a
written contract that specifies the rate of pay, intellectual property
rights, and obligation to pay by a defined time, as long as the
individual providing the services is not directly replacing an
employee who performed the same work at the same volume for the hiring
entity; the individual does not primarily perform the work at the
hiring entityâs business location, notwithstanding paragraph (1) of
subdivision (a); and the individual is not restricted from working for
more than one hiring entity.
On Wed, Aug 18, 2021 at 1:40 PM Monique Semp <monique -dot- semp -at- earthlink -dot- net> wrote:^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This is a California-specific question, but so many of us on this list _are_ in California or work for California companies, so I hope it's okay to bring this up in the list email...
I recent mentioned (in the Write the Docs Slack community) California's AB5 and the subsequent Prop 22 rules, and how they've affected tech writing consultants. Someone just asked me if AB-2257 helps in any way? I've quickly looked at it (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2257), but not with sufficient time or attention to figure it out yet.
So, is anyone already familiar with this? It predates Prop 22 (I think), so I'm not sure whether it has any effect a this point.
@Robert, I know that you're pretty familiar with these laws. Have you thoughts/explanations for it?
Thanks,
-Monique
Visit TechWhirl for the latest on content technology, content strategy and content development | https://techwhirl.com
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
You are currently subscribed to TECHWR-L as neilson -at- windstream -dot- net -dot-
To unsubscribe send a blank email to
techwr-l-leave -at- lists -dot- techwr-l -dot- com
Send administrative questions to admin -at- techwr-l -dot- com -dot- Visit
http://www.techwhirl.com/email-discussion-groups/ for more resources and info.
Looking for articles on Technical Communications? Head over to our online magazine at http://techwhirl.com
Looking for the archived Techwr-l email discussions? Search our public email archives @ http://techwr-l.com/archives
Visit TechWhirl for the latest on content technology, content strategy and content development | https://techwhirl.com
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
You are currently subscribed to TECHWR-L as archive -at- web -dot- techwr-l -dot- com -dot-
To unsubscribe send a blank email to
techwr-l-leave -at- lists -dot- techwr-l -dot- com
Send administrative questions to admin -at- techwr-l -dot- com -dot- Visit
http://www.techwhirl.com/email-discussion-groups/ for more resources and info.
Looking for articles on Technical Communications? Head over to our online magazine at http://techwhirl.com
Looking for the archived Techwr-l email discussions? Search our public email archives @ http://techwr-l.com/archives
Follow-Ups:
References:
California AB-2257 (from 2020) - effect on/affected by other contract law ?: From: Monique Semp
Previous by Author:
Re: What's in a name?
Next by Author:
Re: What's in a name?
Previous by Thread:
California AB-2257 (from 2020) - effect on/affected by other contract law ?
Next by Thread:
Re: California AB-2257 (from 2020) - effect on/affected by other contract law ?
Search our Technical Writing Archives & Magazine
Visit TechWhirl's Other Sites
Sponsored Ads