(a) (1) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and an individual providing feedback to the data aggregator, and instead the holding in Borello shall apply, under the following conditions:
(A) The individual is free from control and direction from the data aggregator with respect to the substance and content of the feedback.
(B) Any consideration paid for the feedback provided, if prorated to an hourly basis, is an amount equivalent to or greater than the minimum wage.
(C) The nature of the feedback requested requires the individual providing feedback to the data aggregator to exercise independent judgment and discretion.
(D) The individual has the ability to reject feedback requests, without being penalized in any form by the data aggregator.
(2) As used in this section:
(A) “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 individuals willing to provide it.
(B) “Minimum wage” is local or state minimum wage, whichever is greater.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)