Bill Text: CA AB500 | 2015-2016 | Regular Session | Amended
Bill Title: Workforce Apprenticeship Grant Program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB500 Detail]
Download: California-2015-AB500-Amended.html
BILL NUMBER: AB 500 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 29, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
INTRODUCED BY Assembly Member Waldron
FEBRUARY 23, 2015
An act to add Section 30 to the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 500, as amended, Waldron. Independent contractors:
substance abuse rehabilitation programs: convictions.
Workforce Apprenticeship Grant Program.
Existing law prescribes comprehensive requirements relating to
minimum wages, overtime compensation, and standards for working
conditions for the protection of employees applicable to an
employment relationship. Existing law makes it unlawful for
any person or employer to willfully misclassify an individual as an
independent contractor.
Existing law prohibits an employer from asking an applicant for
employment to disclose information concerning an arrest or detention
that did not result in conviction or information concerning a
conviction that has been judicially dismissed or ordered sealed, as
provided.
Existing law requires every private employer regularly employing
25 or more employees to reasonably accommodate any employee who
wishes to voluntarily enter and participate in an alcohol or drug
rehabilitation program provided that this reasonable accommodation
does not impose an undue hardship on the employer. Existing law
requires the employer to make reasonable efforts to safeguard the
privacy of the employee as to the fact that he or she has enrolled in
an alcohol or drug rehabilitation program.
This bill, bill would establish the
Workforce Apprenticeship Grant Program to be administered by the
Labor and Workforce Development Agency. The bill,
notwithstanding any other law, for all state purposes, would
authorize a private employer, including a nonprofit entity, to
deem a person an independent contractor ,
participate in the grant program by hiring, for a
period not to exceed 2 years from the date of hire after
successful completion of hire, a person who
successfully completed a drug or alcohol rehabilitation
program, if the person has been referred to a substance abuse
rehabilitation nonprofit or has completed a sentence for conviction
of a felony, except a violent felony, or a misdemeanor for an offense
involving substance abuse, has no history of violent felony
convictions and meets any of 4 specified criteria.
The bill would authorize a county department of social services to
apply to the grant program to enter into agreements with nonprofits
and businesses to hire persons who are eligible for the program.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact a paid work grant program, titled the Workforce Apprenticeship
Grant Program, for the purpose of rehabilitating persons who have
completed a state-recognized substance abuse program.
SECTION 1. SEC. 2. Section 30 is
added to the Labor Code, to read:
30. (a) Notwithstanding any other law, for all state purposes, a
private employer, including a nonprofit entity, may deem a
person an independent contractor, for a period not to exceed two
years from the date of hire after successful completion of a drug or
alcohol rehabilitation program, and if the person has no history of
violent felony convictions and if any of the following apply:
may participate in the Workforce Apprenticeship Grant
Program by hiring, for a period not to exceed two years from the date
of hire, a person who successfully complet ed a licensed
drug or alcohol rehabilitation program, if that person has been
referred to a substance abuse rehabilitation nonprofit or has
completed a sentence for conviction of a felony, except a violent
felony, or a misdemeanor for an offense involving substance abuse,
has no history of violent felony convictions, and any of the
following apply:
(1) The person has a prior conviction of a felony, except a
violent felony, or a misdemeanor for an offense involving substance
abuse.
(2) The person has been released to postrelease community
supervision.
(3) While subject to postrelease community supervision, the person
successfully completes a licensed alcohol or substance abuse
rehabilitation program.
(4) The person has been referred by a substance abuse
rehabilitation nonprofit organization for workforce training.
(b) (1) The Workforce Apprenticeship Grant Program is hereby
established. A county department of social services may apply to the
grant program, which shall be administered by the Labor and Workforce
Development Agency. The goal of the Workforce Apprenticeship Grant
Program is to provide persons described in subdivision (a) an
opportunity gain real world work experience to transition into the
workforce.
(2) Upon appropriation by the Legislature, the sum of three
million dollars ($3,000,000) shall be made available from the General
Fund to the Labor and Workforce Development Agency to provide grants
to counties that would enter into agreements with nonprofits and
businesses to hire persons described in subdivision (a). Criteria for
case management and eligibility shall be established by the Labor
and Workforce Development Agency. Employers shall cover salary costs
and meet federal requirements. The grant moneys shall cover employee
administration, including, but not limited to, employee benefits.
(b)
(c) Nothing in this section shall prohibit a private
employer, at the employer's discretion, from employing a person
described in subdivision (a) as an employee.
(c)
(d) Nothing in this section shall prohibit the person
from obtaining union membership during the term of the rehabilitation
program.
