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How AB 5 might affect licensed massage therapists isn't determined yet, as massage therapy is not specifically mentioned as an exempt profession in the bill. However, many professions will be exempt, including some health care occupations.
Profession: An occupation that requires extensive education or specialized training; the members of a particular profession. The practice of massage involves skill and it can be an occupation, so it clearly meets the definition of a trade. A profession requires extensive education or specialized training.
Massage therapists who work for themselves typically sign an independent contractor agreement with the company where they'll be providing services. A contractor agreement states specific agreed-upon terms between the massage therapist and company, such as those affecting liability and confidentiality.
Generally, massage therapists are independent contractors if they are used on a temporary basis, utilize their own equipment and supplies and are paid a set amount for a job.
However, in the corporate massage world, most service providers hire massage therapists as independent contractors, not employees. If your onsite massage company is one of the many that does not classify their California massage therapists as employees, your program may be at risk.
Prop 22 was a ballot measure that passed on November 3, 2020. It declares that app-based transportation companies, such as rideshare (i.e. Uber and Lyft) and food delivery companies (i.e. Grubhub), are exempt from AB5 and its drivers are classified as independent contractors.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.14-Feb-2022