you are misreading the law. The intent is clear from what you posted: “The law excludes employees who offer this advice or attorneys who give this advice in the course of practicing law.” So clearly it would be wrong to argue that: “Depending on how it’s interpreted, that “person” may extend to anyone who gives paid advice to employers on employee classifications.” as you just indicated this was not the intent of the law at least insofar as attorneys were concerned:
Here is the law:
SEC. 2. Section 2753 is added to the Labor Code, to read:
2753. (a) A person who, for money or other valuable
consideration, knowingly advises an employer to treat an individual
as an independent contractor to avoid employee status for that
individual shall be jointly and severally liable with the employer if
the individual is found not to be an independent contractor.
(b) This section does not apply to the following persons:
(1) A person who provides advice to his or her employer.
(2) An attorney authorized to practice law in California or
another United States jurisdiction who provides legal advice in the course of the practice of law.
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you are misreading the law. The intent is clear from what you posted: “The law excludes employees who offer this advice or attorneys who give this advice in the course of practicing law.” So clearly it would be wrong to argue that: “Depending on how it’s interpreted, that “person” may extend to anyone who gives paid advice to employers on employee classifications.” as you just indicated this was not the intent of the law at least insofar as attorneys were concerned:
Here is the law:
SEC. 2. Section 2753 is added to the Labor Code, to read:
2753. (a) A person who, for money or other valuable
consideration, knowingly advises an employer to treat an individual
as an independent contractor to avoid employee status for that
individual shall be jointly and severally liable with the employer if
the individual is found not to be an independent contractor.
(b) This section does not apply to the following persons:
(1) A person who provides advice to his or her employer.
(2) An attorney authorized to practice law in California or
another United States jurisdiction who provides legal advice in the course of the practice of law.