Bill Text: CA AB1433 | 2021-2022 | Regular Session | Amended
Bill Title: Rapid Digital Upskilling for Displaced Workers Grant Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1433 Detail]
Download: California-2021-AB1433-Amended.html
|
Amended
IN
Assembly
March 22, 2021 |
| Introduced by Assembly Member Irwin |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a 3-part test, commonly known as the “ABC” test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. Existing law charges the Labor Commissioner with the enforcement of labor laws,
including worker classification. Existing law exempts specified occupations and business relationships from the application of these provisions. Existing law instead provides that these occupations and business relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello).
This bill would exempt from existing law the relationship between a trainee in a technology educational program receiving a scholarship or stipend and the provider of the technology educational program, as defined, under specified conditions. Under the bill, if the conditions are met, the determination of whether a trainee is an employee or independent contractor of the provider would be governed by Borello.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 7 (commencing with Section 14115) is added to Chapter 3 of Division 7 of the Unemployment Insurance Code, to read:Article 7. Rapid Digital Upskilling for Displaced Workers Grant Program
14115.
As used in this article:14116.
(a) This article establishes the Rapid Digital Upskilling for Displaced Workers Grant Program to be administered by the California Workforce Development Board.14117.
(a) The board shall award grants to five counties for Rapid Digital Upskilling for Displaced Workers training programs that, in partnership with community-based organizations, provide highly transferable digital literacy and technical skills via short-term certificate programs that will empower individuals for careers in growth industries. The board shall prioritize awards to jurisdictions with high rates of displaced workers that were affected by the COVID-19 pandemic and associated public health orders. The board shall require a county awarded a grant to prioritize the use of training programs already approved by the Employment Training Panel. The board shall not award a grant under this article if it determines that an existing Employment Training Panel program meets the needs of target populations to gain employment in a growth industry in the applicant jurisdiction.14118.
(a) The board shall prepare and submit to the Legislature, by March 1, 2023, a report regarding the uses and outcomes of funds appropriated for purposes of this article. The report shall include, at a minimum, the following information:14119.
Implementation of the grant program is contingent upon appropriation by the Legislature of funds for the purposes expressed in this article.(a)Section 2775 and the holding in Dynamex do not apply to the relationship between a trainee in a technology educational program receiving a scholarship or stipend and the provider of the technology educational program, as defined below, and the determination of whether the trainee is an employee or independent contractor of the provider of the technology educational program shall be governed by Borello, under the following conditions:
(1)The training received by the trainee is similar to that which would be given in a vocational school or educational program;
(2)The training is specifically designed for a
career in the technology industry, including web and application development, design, online marketing, customer relationship management software administration, application programming interface, and entrepreneurship;
(3)The provider of the technology educational program derives no direct advantage from the activities of the trainee and does not restrict the trainee from additional work or employment outside of the educational program, including the portfolio of work created during the program;
(4)The trainee does not displace regular employees in the course of receiving the training;
(5)The trainee is not entitled to employment or contract work doing the same responsibilities at the conclusion of the training period
from the technology educational program provider;
(6)The technology educational program and the trainee’s participation in the technology educational program occur over a defined period of time; and
(7)The trainee has the ability to exit the program without restriction from the technology educational program provider.
(b)For the purposes of this section, a “technology educational program” is an education and learning experience designed to benefit individual trainees, who otherwise could not attend without a scholarship paid by weekly stipend, to develop technical and soft skills that will help the trainee bridge the gap between learning and working in the technology industry.
