雇佣要求第 954 / 1605 题
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:
a.Be paid entirely in cash
b.Simply sign a paper calling itself a subcontractor
c.Hold a valid contractor's license and meet specified business-legitimacy criteria
d.Have fewer than two employees
解析
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.
法律依据: Labor Code §2775 et seq.; construction exception免费刷完整 1605 道题库 — 无需注册。
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