Bill Text: CA AB179 | 2009-2010 | Regular Session | Amended
Bill Title: Wages: temporary workers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-23 - In committee: Set, first hearing. Testimony taken. Further hearing to be set. [AB179 Detail]
Download: California-2009-AB179-Amended.html
BILL NUMBER: AB 179 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 2, 2009
An act to amend Section 201.3 of the Labor Code, relating to
employment, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 179, as amended, Portantino. Wages: temporary workers.
Existing law provides that for employees of temporary services
employers, as defined, wages shall be paid weekly, or daily if an
employee is assigned to a client, as defined, on a day-to-day basis
or to a client engaged in a trade dispute. Existing law imposes civil
and criminal penalties on an employer who violates certain wage
payment requirements.
This bill would permit employees of temporary services employers
who provide specified health care services to be paid semimonthly.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 201.3 of the Labor Code is amended to read:
201.3. (a) For purposes of this section, the following
definitions apply:
(1) "Client" and "customer" mean the person with whom a temporary
services employer has a contractual relationship to provide the
services of one or more individuals employed by the temporary
services employer.
(2) "Employing unit" has the same meaning as defined in Section
135 of the Unemployment Insurance Code.
(3) "Temporary services employer" means an employing unit that
contracts with clients or customers to supply workers to perform
services for the clients or customers and that performs all of the
following functions:
(A) Negotiates with clients and customers for matters such as the
time and place where the services are to be provided, the type of
work, the working conditions, and the quality and price of the
services.
(B) Determines assignments or reassignments of workers, even if
workers retain the right to refuse specific assignments.
(C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined unacceptable
by a specific client or customer.
(D) Assigns or reassigns workers to perform services for clients
or customers.
(E) Sets the rate of pay of workers, whether or not through
negotiation.
(F) Pays workers from its own account or accounts.
(G) Retains the right to hire and terminate workers.
(4) "Temporary services employer" does not include any of the
following:
(A) A bona fide nonprofit organization that provides temporary
service employees to clients.
(B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.
(C) A garment manufacturing employer, which, for purposes of this
section, has the same meaning as "contractor," as defined in
subdivision (d) of Section 2671.
(b) (1) Except as provided in paragraphs (2) to (5), inclusive, if
an employee of a temporary services employer is assigned to work for
a client, that employee's wages are due and payable no less
frequently than weekly, regardless of when the assignment ends, and
wages for work performed during any calendar week shall be due and
payable not later than the regular payday of the following calendar
week. A temporary services employer shall be deemed to have timely
paid wages upon completion of an assignment if wages are paid in
compliance with this subdivision.
(2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis, that employee's wages are
due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:
(A) The employee reports to or assembles at the office of the
temporary services employer or other location.
(B) The employee is dispatched to a client's worksite each day and
returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.
(C) The employee's work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.
(3) If an employee of a temporary services employer is assigned to
work for a client engaged in a trade dispute, that employee's wages
are due and payable at the end of each day, regardless of when the
assignment ends.
(4) If an employee of a temporary services employer is assigned to
work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as provided
in Section 201.
(5) If an employee of a temporary services employer is assigned to
work for a client and quits his or her employment with the temporary
services employer, wages are due and payable as provided in Section
202.
(6) If an employee of a temporary services employer is assigned to
work for a client for over 90 consecutive calendar days, or if
the employer is a home health agency licensed pursuant to Section
1725 of the Health and Safety Code, a hospice licensed pursuant to
Section 1746 of the Health and Safety Code, or a home care employer
that provides supportive and personal care services defined in
subdivisions (b) and (c) of Section 12300 of the Welfare and
Institutions Code, this section shall not apply unless the
temporary services employer pays the employee weekly in compliance
with paragraph (1) of subdivision (b) .
(c) A temporary services employer who violates this section shall
be subject to the civil penalties provided for in Section 203, and to
any other penalties available at law.
(d) A hospice employer, home health employer, or home care
employer who provides services such as those described in
subdivisions (b) and (c) of Section 12300 of the Welfare and
Institutions Code shall be deemed to have timely paid wages upon
completion of an assignment if wages are paid semimonthly.
(e) Nothing in this section shall be interpreted to limit any
rights or remedies otherwise available under state or federal law.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to promote more efficient delivery of health care
services and payments at the earliest possible time, it is necessary
that this act take effect immediately.
