Cal. Lab. Code § 2782
Worker Status: Employees
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2021
As of January 1, 2019
(a) (1) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and an individual providing feedback to the data aggregator, and instead the holding in Borello shall apply, under the following conditions: (A) The individual is free from control and direction from the data aggregator with respect to the substance and content of the feedback. (B) Any consideration paid for the feedback provided, if prorated to an hourly basis, is an amount equivalent to or greater than the minimum wage. (C) The nature of the feedback requested requires the individual providing feedback to the data aggregator to exercise independent judgment and discretion. (D) The individual has the ability to reject feedback requests, without being penalized in any form by the data aggregator. (2) As used in this section: (A) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from individuals willing to provide it. (B) “Minimum wage” is local or state minimum wage, whichever is greater.
(a) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and a research subject, and instead the holding in Borello shall apply, if all of the following conditions are satisfied: (1) The research subject is free from control and direction with respect to the substance and content of the feedback. (2) The nature of the feedback requested requires the research subject to exercise independent judgment and discretion. (3) The research subject has the ability to reject feedback requests, without being penalized in any form by the data aggregator.
(b) As used in this section:
(1) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from research subjects willing to provide it.
(2) “Research subject” is any person who willingly engages with a data aggregator in order to provide individualized feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences, and does not engage solely for the purposes of completing individual tasks, except as the tasks relate to providing such feedback.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.