Cal. LAB § 2782
This is the official text of Cal. LAB § 2782, part of California’s Labor Code — governs wages, workplace safety, and employee rights.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and a research subject, and instead the holding in Borello shall apply, if all of the following conditions are satisfied:
(1) The research subject is free from control and direction with respect to the substance and content of the feedback.
(2) The nature of the feedback requested requires the research subject to exercise independent judgment and discretion.
(3) The research subject has the ability to reject feedback requests, without being penalized in any form by the data aggregator.
(b) As used in this section:
(1) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from research subjects willing to provide it.
(2) “Research subject” is any person who willingly engages with a data aggregator in order to provide individualized feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences, and does not engage solely for the purposes of completing individual tasks, except as the tasks relate to providing such feedback.
(1) The research subject is free from control and direction with respect to the substance and content of the feedback.
(2) The nature of the feedback requested requires the research subject to exercise independent judgment and discretion.
(3) The research subject has the ability to reject feedback requests, without being penalized in any form by the data aggregator.
(b) As used in this section:
(1) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from research subjects willing to provide it.
(2) “Research subject” is any person who willingly engages with a data aggregator in order to provide individualized feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences, and does not engage solely for the purposes of completing individual tasks, except as the tasks relate to providing such feedback.
Status: in_force · Read it on the official government site
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