Worker status: independent contractors: pharmacists.
The proposed amendments in SB966 would allow licensed pharmacists greater flexibility to operate as independent contractors rather than being classified strictly as employees under various provisions of the Labor Code. This change is expected to empower pharmacists to pursue more autonomous working arrangements while also potentially reducing obligations related to employee benefits and liabilities for employers. By broadening the scope of exemptions under the Dynamex interpretation, SB966 is posited as a means to better reflect the unique operational realities of pharmacists in the healthcare industry.
Senate Bill No. 966, introduced by Senator Nielsen, aims to amend Section 2750.3 of the California Labor Code concerning the classification of workers as either employees or independent contractors. This bill is particularly focused on expanding the existing exemptions to the classification criteria dictated by the Dynamex Operations W. Inc. ruling which established the ABC test for determining employment status. Under current law, workers are presumed to be employees unless the hiring entity can demonstrate otherwise using a rigorous three-part test. SB966 seeks to add licensed pharmacists to the list of exempt occupations, effectively altering how their employment status is interpreted under California law.
The bill has sparked discussions regarding the balance between worker protections and the autonomy of professional service providers. Critics argue that expanding exemptions may undermine worker rights by allowing employers to sidestep certain responsibilities associated with employee status, such as health insurance and other benefits. Proponents, however, contend that the flexibility afforded to pharmacists could enhance healthcare delivery and service efficiency, facilitating a more adaptable workforce in a rapidly evolving industry.