CA DIVING INDUSTRY ALERT – Support Needed for AB 1925

DEMA is requesting your immediate help in supporting the passage of California Assembly Bill 1925 (AB 1925), which would amend the current California Labor Code, and under the right circumstances, allow small diving businesses (retailers and others) to hire workers as “Independent Contractors.” These workers could be diving instructors or trip leaders, repair technicians, photographers and others.

As you may be aware, on January 1, 2020 California enacted Assembly Bill 5, a change to the labor code which classified ALL workers as EMPLOYEES unless they met a three-part “ABC Test” that includes:

A.  The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.

B. The person performs work that is outside the usual course of the hiring entity’s business.

C. The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

While there are several types of businesses and occupations that are currently exempted from the ABC Test, AB 1925 offers an opportunity to exempt “small businesses” that fit specific criteria. The definition of small business within AB 1925 is:

• Is independently owned and operated.
• Is not dominant in its field of operation.
• Has fewer than 100 employees.
• Has average gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years.

SMALL BUSINESSES FORM THE HEART OF THE RECREATIONAL DIVE INDUSTRY. IF YOU AGREE, DEMA urges you to contact your lawmakers immediately and ask them to support AB 1925.  You can easily reach your state Senator and Assembly Member by clicking here and inputting your address.  The website will permit you to send an email directly to your lawmaker’s office.

DEMA has also included email verbiage that can automatically be sent to your lawmaker, or you can substitute your own comments, if you choose.

AB 1925 WILL BE UNDER CONSIDERATION BY THE CALIFORNIA LEGISLATURE DURING THE WEEK OF FEBRUARY 10.  PLEASE WRITE TO YOUR STATE LAWMAKERS TODAY!