1. Occupation Exemption

For a worker to qualify under the occupation exemption, the worker must fall under any of the below listed occupations. However, there are certain occupations that are complicated to qualify under as there are additional requirements to consider that are beyond the scope of ICAT. Complicated occupations have an asterisk (*) next to them. If your worker falls under a complicated occupation, please read the paragraph after the occupation list below.

Additionally, even if the worker qualifies under this exemption, the worker will still need to pass an additional test to be classified as an independent contractor, called the “Borello test,” which can be ambiguous and difficult to apply. When applying the Borello test, it is strongly recommended that you consult with an attorney to properly assess whether your worker is an independent contractor.

Does the worker fall under any of the occupations listed below?

• Doctors

• Lawyers

• Dentists

• Veterinarians

• Licensed Insurance Agents

• A person who provides underwriting inspections, premium audits, risk management, or loss control work for the insurance and financial industries

• Accountants

• Architects

• Engineers

• Private Investigators

• Hairstylists

• Newspaper distributors working under contract with a newspaper publisher

• Translators

• Securities Broker-Dealers

• Investment Advisors

• Direct Salespersons, as described in Section 650 of the CA Unemployment Insurance Code

• Manufactured Housing Salespersons

• Data Aggregators who perform paid surveys or market research

• Certain Commercial Fishermen*

• Competition Judges with a specialized skillset or expertise*

• Certain contractors and subcontractors in the construction industry*

• Certain individuals in the music recording industry*

*Additional requirements may apply that are complicated to list here. Because of the complexity, it is best to consult with an attorney to determine whether your worker can qualify under this certain occupation. Schedule a free 30 minute phone consultation below to discuss your situation with me. Please note that no legal advice will be provided until the attorney-client relationship is formed via a signed engagement letter. Until the attorney-client relationship is formed, I will only be able to provide general legal information.

DOES THE WORKER FALL UNDER ANY OF THE OCCUPATIONS LISTED ABOVE?