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Posted by LJCA on 12/4/19 5:13pm
I thought this article (below) in the SF Chronicle was very interesting and broke AB5 things down for the new California law nicely for me. AB5 will come into effect Jan. 1, 2020. Sorry for all their Ads but this information I think is very useful to understanding the new law.
http://www.sfchronicle.com/business/article/AB5-gig-work-bill-All-your-questions-answered-14441764.php
This link I thought was very good by Dorulian Law Group concerning AB5 reason & background of the law.
http://www.dlawgroup.com/what-is-california-ab5-law/
ABC TEST:
Under the ABC test, for a worker to be classified as an independent contractor a hiring entity must first prove the following:
(A) The worker is free from the control and direction of the hirer in connection with the performance of the work, practically and in the contractual agreement between the parties. (time, date, BO copy via print or flash dr. or CD-I don’t have these options)
(B) The worker performs work that is outside the usual course of the hiring entity’s business. (I believe Deed of Trust in CA cannot be recorded without being notarized, companies need the notary to complete the package for their business)
(C) The worker is customarily engaged in an independently established trade,
occupation, or business of the same nature as the work performed for the hiring entity/company. ( I am not a bank, title com., escrow, loan officer or signing service)
Pamela point out that according to SOS notaries are considered Officers of the Court.
Meaning of: officer of the court http://dictionary.law.com/Default.aspx?selected=1385
n. any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks and other personnel. As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.
Some professions who are “Officer of the court”: Bail Bondsmen, Court Reporters, Layers, Paralegals & Notaries and many others.
It is going to be very interesting to see how AB5 law in California will look like in 3 or 4 years after lawsuits, lobbies & unions wheel their powers! It will also be interesting to see how signing services, title companies and other hiring parties handle this on Jan. 1, 2020 concerning notaries/signing agents completing their real estate packages.
I don’t see this effecting general notary work if you are directly advertising and dealing with your own clients. For notaries/signing agents I guess in the mean time we keep moving forward and make sure we pay our own taxes until further notice!
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