49 COR 40-8913 [¶23,321R]
MOTION FOR PARTY STATUS - Title 8, California Code of Regulations, §354(b) The Board held that those seeking party status do not have to prove through an evidentiary showing that they are an affected employee in order to be granted party status. MOTION TO COMPEL – Title 8, California Code of Regulations, §372.6 The Board determined that the motion to compel regarding the amended request and the appropriateness of those requests was not yet before the ALJ or the Board. Amending the requests, rendered the original requests moot. LABOR CODE §2775 - The Appeals Board applies the ABC test to determine whether a person is an employee or independent contractor, and whether a hiring entity is an employer. BUS. & PROF. CODE §7451 - The Board determined that where the facts demonstrate that all four specified conditions in §7451 have been satisfied, thus classifying a person as an “independent contractor, there is room for harmonization of the two statutes by treating Bus. and Prof. Code §7451 as an exception to, rather than a repeal of, Labor Code §2775.Digest of COSHAB’s Decision After Reconsideration dated January 24, 2025, Inspection No. 1594663.
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