Labor Code section 2782
(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.
Source:
Section 2782, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2782. (updated Jan. 1, 2022; accessed Jun. 23, 2025).
