Bill Text: CA AB394 | 2011-2012 | Regular Session | Amended

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Bill Title: Employment regulation: volunteers.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB394 Detail]

Download: California-2011-AB394-Amended.html

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BILL NUMBER: AB 394	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  MARCH 16, 2011

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 14, 2011

   An act to add Chapter 0.5 (commencing with Section 1170) to Part 4
of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 394, as amended, Silva. Employment regulation: volunteers.
   Existing law prescribes wages, hours, and working conditions for
all employees in the state, not including any individual employed as
an outside salesman or participating in a national service program,
as specified. Existing law provides a system for the imposition of
criminal and civil sanctions against a person violating statutes and
regulations of the state relating to the employment of minors, as
defined, in various activities and occupations. Existing law
prescribes the maximum number of hours per day and per week that an
employer may employ a minor.
   This bill would exempt an individual who renders services as a
volunteer  , as defined,  from those provisions. 
The bill would define the term "volunteer" for those purposes as an
individual who, without promise or expectation of compensation, but
solely for his or her personal purpose or pleasure, performs work for
an organization that is exempt from taxation pursuant to a specified
provision of federal law or for a resource conservation district
formed pursuant to specified state statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 0.5 (commencing with Section 1170) is added to
Part 4 of Division 2 of the Labor Code, to read:
      CHAPTER 0.5.  GENERAL PROVISIONS


   1170.  (a) This part does not apply to an individual who renders
services as a volunteer.
   (b) For purposes of this part, "volunteer" means an individual
who, without promise or expectation of compensation, but solely for
his or her personal purpose or pleasure, performs work for an
organization that is exempt from taxation pursuant to Section 501(c)
of the United States Internal Revenue Code (26 U.S.C. Sec. 501(c)) or
for a resource conservation district formed pursuant to Division 9
(commencing with Section 9001) of the Public Resources Code. 
   (1) An individual shall be considered a volunteer for purposes of
this part only when his or her services are offered freely and
without pressure and coercion, direct or implied, from an employer.
 
   (2) An individual may receive reasonable meals, lodging,
transportation, and incidental expenses or nominal nonmonetary awards
without losing volunteer status for purposes of this part if, in the
entire context of the situation, those benefits and payments are not
a substitute form of compensation for work performed.  
   (3) An individual shall not be considered a volunteer for purposes
of this part if he or she is otherwise employed for compensation for
performing the same or similar services either by the organization
for which the volunteer services are performed or by a subsidiary or
affiliated entity.