AB 5 contains a special provision for legitimate construction subcontracting. For a bona fide subcontractor relationship in construction to be evaluated under Borello rather than the strict ABC test, the subcontractor generally must:

Giải thích

AB 5 (Labor Code §2781) provides a business-to-business/construction subcontracting exception under which a legitimate licensed subcontractor is evaluated under Borello, not the strict ABC test, if it meets criteria such as holding the required contractor's license, being customarily engaged in an independent business, having its own business location, and being free to contract with others. A mere label, cash payment, or head count does not qualify a relationship for the exception.