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The new law enshrines the existing case-law test into statute, so if they are properly categorized as contractors under existing state law, then they are also properly categorized as contractors under the new law.

That said, if they were on on-demand W-2 temporary workers instead of contractors, then they’d probably be treated exactly like all such workers (who often are signed up with multiple agencies to receive assignments) are by their employers and not be paid when they were merely willing to receive assignments but only after they had been offered and accepted and were actually working on a particular assignment.



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