remuneration is considered an employee rather than an IC unless the hiring entity demonstrates that the person is: A) free from the control and direction of the hiring entity in connection with the performance of the work; B) the person performs work that is outside the usual course of the hiring entity’s business; and C) the person is customarily engaged in an independently established trade, occupation, or business. AB 5 makes clear that the ABC Test is to be applied unless a court of law determines it cannot be applied in a particular context or an express exception applies. This remains unchanged under AB 2257, however the new statute provides numerous exceptions and clarifications to this baseline rule. help out regardless of the situation. She put Taylor Far s, Driscoll’s and Tanimura & Antl in this category a d apol gized t at there are just t o many others that help as often as they ca to start naming them. “Th agricultur l community offers tremendous support for us.” Most significant, are the exceptions for: 1) Business-to-business service type relationships; 2) Single-engagement business-to-business service type relationships; and 3) Referral business-to-business service type relationships. There are also carves outs and additional criteria for a variety of specific professions and occupations. Keep in mind, AB 2257’s exceptions to the ABC Test are not outright exemptions from performing an IC analysis. In almost all instances where the exception applies, the relationship is instead governed by the multi-factor test outlined in the California Supreme Court’s decision in the Borello case. It is therefore important to review each exception to understand which IC analysis is to be applied to any specific occupation or situation. AB 2992: Expanded Protections for Victims of Crime or Abuse AB 2992 provides additional protections for employees who become In Arizona’s most southwest region, the Yuma Community Food Bank is gearing up for increased donations as its area gets ready for the winter harvest to begin. Bruce Gwynn, who spent a career in agriculture—mostly with ag chemical firms but also running the Yuma Fresh Vegetable Association for a time—now volunteers as a sourcing specialist working with growers and others to secure fresh donations. “We have amazing growers,” he said, again singling out both T&A and Taylor Farms as “ch mp ons” of the cause. H said both firms are everyday donors but also said many ther compani s, in lud ng JV Smith Companies, B rkley Ag Enterprises, Pasqu nell Produce and Top Flavor Farms do yeoman’s work for the food bank. Gwynn admit d it ha been a difficult year for fresh donations. Having been in the industry for many
ye rs, he g t it. He said profits have t come first and the Yuma F od Bank k ow it does better when there is a surplus of product and prices are low. This year’s pandemic caused very robust sales on many v getable and fruit item uring the spring and summer. As such, Gwynn continued to expand his reach working with the local community college and research facilities to harvest their crops for the food bank after they have finished their educational use of the production. He said this is another area in which growers help as they often donate both land and seeds to these pursuits. He said Grimmway Farms recently donated carrot seeds for a local educational project in which one-third of an cre f car ots will eventually go to the f od ba k. “That’s a lot of carrots,” Gwy n aid, adding that he has relied on Future Farmers of America students to harvest the crops. H noted that recently Steve Alam a f Top Flavor Farms donated an unharvested beet field hat these FFA students then harvested. Shara Whitehead, president and CEO of the Yuma Food Bank, agreed that it has been a difficult year for fresh vegetable
victims of crime or abuse. To ensure the health, safety or welfare of victims of domestic violence, sexual assault, or stalking, existing law provides time off work to allow the victim to obtain or attempt to obtain assistance for themselves or their child. These specific protections are broadened under AB 2992 to include more generalized actions which would fall under the statute’s definition of “crime” for those considered “victims.” Protected activities for time off have also been broadened under the new statute to include time off, in advance or unscheduled, to seek medical attention for injuries suffered as a result of crime or abuse, services from specific entities, psychological counseling or mental health services or engage in safety planning or other actions designed to increase safety from possible future crimes or abuses. Certification requirements have also been relaxed to include any form of documentation—including a written statement signed by the victim—is allowed so long as it reasonably verifies a crime or abuse took place. SB 1159: COVID-19 Workers’ Compensation Presumption SB 1159 codifies and supersedes Gov. Newsom’s Executive Order No-62-20 covering all California employees—including farmworkers— who worked at jobsites outside their homes between March 19 and July 5, 2020. The statute applies to California employers with five or more employees and employees who test positive for COVID-19 during an outbreak at their place of work on or after July 6, 2020. The statute establishes a rebuttable presumption of an industrial injury or illness where the employee’s positive test occurred during a period of outbreak at the employee’s place of employment. Evidence controverting donations. S said th local food bank has been serving the community for more than 40 years with more th 20,000 p ople b ing f d every month. She sai about 8-10 million pounds of produce are donat d each y ar, but those donations are dependent on weather and market conditions. Whitehead credited Gary Pasquinelli, Robby Barkley and Vic Smith with lobbying the Arizona Legislature for a tax break on product that is donated to charities such as the food bank. She said that successful effort several years ago greatly increased the level of donations received by the organization. She said that while the industry is excellent at sending its extra output to the food bank, there are always people who ne a reminder. “We want h m to look at the Food Bank as the end of the supply chain, and l ok at us as their partners.” Whitehead did echo G ynn’s c mm nts that “Taylor Farms is our biggest provider. They are number one,” she said, adding that a day hardly goes by without them donating at least one-truck load full of baby greens or another healthy items that means the world to hungry people.
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