Bill Text: CA SB332 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minor league baseball players.
Spectrum: Moderate Partisan Bill (Democrat 26-4)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 866, Statutes of 2023. [SB332 Detail]
Download: California-2023-SB332-Amended.html
his or her their employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and
shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of his or her their social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked
for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, “copy” includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision.SECTION 1. Section 3074.2 of the Labor Code is amended to read: 3074.2.
Bill Title: Minor league baseball players.
Spectrum: Moderate Partisan Bill (Democrat 26-4)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 866, Statutes of 2023. [SB332 Detail]
Download: California-2023-SB332-Amended.html
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Amended
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Assembly
June 12, 2023 |
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Amended
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Senate
April 19, 2023 |
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Amended
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March 28, 2023 |
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Amended
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Senate
March 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 332
| Introduced by Senator Cortese (Principal coauthor: Assembly Member Haney) |
February 07, 2023 |
An act to amend Section 3074.2 of 226 of, and to add Section 514.5 to, the Labor Code, relating to apprenticeship. employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 332, as amended, Cortese.
Apprenticeship programs: career fair: report. Minor league baseball players.
Existing law provides that 8 hours of labor constitute a day’s work unless it is otherwise expressly stipulated in a collective bargaining agreement, and requires that any work in excess of specified hours in one workday or one workweek be compensated at a rate higher than the regular rate of pay for the employee, as specified. Existing law authorizes, upon the proposal of an employer, employees of an employer to adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation, as specified. Existing law prohibits an employer from employing an employee for a work period of more than 5 hours per day without providing the employee
with a meal period, as specified, but, notwithstanding these provisions, existing law authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if specified conditions are met. Under existing law, the Industrial Welfare Commission issues wage orders that regulates wages, hours, and working conditions in various occupations, including Wage Order No. 10-2001, which regulates the amusement and recreation industry.
This bill would provide that these provisions do not apply to a person who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees. The bill would require the Department of Industrial Relations to amend and republish Wage Order 10-2001 to provide that specified provisions of the wage order do not
apply to a person subject to these provisions, as specified.
Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee’s identity, among other things, subject to certain variations. Existing law provides that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by the employee if, among other things, the employee is exempt from the payment of minimum wage and overtime under specified law.
This bill would provide that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by an employee if the employee is exempt from the payment of minimum wage and overtime under the bill’s provisions described above.
Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies. Existing law also describes procedures for the promulgation of regulations by the Industrial Welfare Commission.
This bill would exempt these provisions from the rulemaking procedures described above.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law provides for the establishment of apprenticeship programs in various trades to be approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment. Existing law requires a school district or school to notify each apprenticeship program in the same county as the school district or school of a career or college fair it is planning to hold, as specified.
This bill would require the Department of Industrial Relations to evaluate the effectiveness of the above-described notification requirement and submit, by January 1,
2026, a report making recommendations to the Legislature on how to improve outreach to high school students regarding apprenticeship and preapprenticeship opportunities, as well as ways to expand preapprenticeships and incentivize businesses to offer them.
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.
Section 226 of the Labor Code is amended to read:226.
(a) An employer, semimonthly or at the time of each payment of wages, shall furnish to(b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps
to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.
(c) An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made.
(d) This section does not apply to any employer of a person employed by the owner or occupant of
a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.
(e) (1) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees.
(2) (A) An employee is deemed to suffer injury for purposes of this
subdivision if the employer fails to provide a wage statement.
(B) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following:
(i) The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a).
(ii) Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability
of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a).
(iii) The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period.
(iv) The name of the employee and only the last four digits of his or her their social security number or an employee identification number other than a social security number.
(C) For purposes of this paragraph, “promptly and easily determine” means a reasonable person would be able
to readily ascertain the information without reference to other documents or information.
(3) For purposes of this subdivision, a “knowing and intentional failure” does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section.
(f) A failure by an employer to permit a current or former employee to inspect or receive a copy of records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer.
(g) The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity.
(h) An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney’s fees.
(i) This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employee’s wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employee’s social
security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher.
(j) An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply:
(1) The employee’s compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission.
(2) The employee is exempt from the payment of minimum wage and overtime under any of the following:
(A) The exemption for persons employed in an executive, administrative, or professional capacity
provided in any applicable order of the Industrial Welfare Commission.
(B) The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission.
(C) The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5.
(D) The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission.
(E) The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code.
(F) The
exemption for any crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission.
(G) The exemption for any individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission.
(H) The exemption for any person who has entered into a contract to play baseball at the minor league level who satisfies the requirements set forth in subdivision (a) of Section 514.5.
SEC. 2.
Section 514.5 is added to the Labor Code, to read:514.5.
(a) Sections 510, 511, and 512 do not apply to a person who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees.(b) (1) By three months after the effective date of this section, the Department of Industrial Relations shall amend and republish Wage Order No. 10-2001 to provide that Sections 3 to 12, inclusive, of the wage order do not apply to a person subject to this section.
(2) An amendment and republication pursuant to this section are exempt from the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and from the procedures described in Sections 1177, 1178.5, 1181, 1182, and 1182.1.
SEC. 3.
The Legislature finds and declares that Section 2 of this act, which adds Section 514.5 to the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect minor league baseball players from
working in unregulated or unlawful conditions, it is necessary for the provisions of this act, and particularly the requirement to amend and republish Wage Order No. 10-2001, to take effect as quickly as possible, making the limitations imposed by this act necessary to protect the interests of minor league baseball players.
(a)For the purposes of this section:
(1)“Career fair” means an event where multiple private businesses, government agencies, university representatives, or career technical school representatives are invited by a school or school district to present career options or career technical education options for students.
(2)“College fair” means an event where multiple college or university representatives are invited by a school or school district to present college options to students.
(3)“School” means public schools, including, but not limited to, charter schools and
alternative schools.
(b)(1)A school district or school that is planning to hold a college or career fair shall notify each apprenticeship program in the same county as the school district or school of the college or career fair. In determining the county location of an apprenticeship program, the school district or school shall rely on the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website.
(2)The notification shall include both of the following:
(A)The planned date and time of the college fair or career fair.
(B)The planned location of the college fair or career fair.
(3)Notice shall be delivered before the planned date of the college or career fair either by first-class mail or by electronic mail pursuant to the contact information contained in the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website.
(c)School districts and schools are encouraged by the Legislature to host apprenticeship fair events, in the style of college and career fair events that are focused on local apprenticeship programs and career technical education opportunities.
(d)The Department of Industrial Relations shall evaluate the effectiveness of this section and submit, by January 1,
2026, a report making recommendations to the Legislature, in accordance with Section 9795 of the Government Code, on how to improve outreach to high school students regarding apprenticeship and
preapprenticeship opportunities, as well as ways to expand preapprenticeships and incentivize businesses to offer them.
