Bill Text: CA SB448 | 2019-2020 | Regular Session | Introduced

California Senate Bill 448 (Prior Session Legislation)

Introduced

Bill Title: Volunteers: small wineries.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-02-04 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB448 Detail]

Download: California-2019-SB448-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 448

Introduced by Senator Borgeas

February 21, 2019

An act to add Section 2752 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 448, as introduced, Borgeas. Volunteers: small wineries.

Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees. Existing law makes it unlawful for a person or employer to avoid employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor. Existing law also establishes legal presumptions regarding employment status for certain types of workers performing services, and lists various factors for determining proof of independent contractor status for these workers.

Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, creates a presumption that a worker who performs services for a hirer is an employee. That case applies a 3-part test, known as the “ABC” test, to establish that a worker is an independent contractor.

Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.

This bill would exempt a small winery or small microbrewery, as defined, that utilizes volunteers who perform part-time labor in exchange for hands-on training, from having these volunteers classified as employees or apprentices.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 2752 is added to the Labor Code, to read:

2752.

(a) Notwithstanding any other law, a person who voluntarily performs part-time labor at a small winery or small microbrewery in return for receiving hands-on training in the process of wine or beer making shall not be considered an employee or an apprentice for any purpose under this code.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Small winery or small microbrewery” means a facility that produces no more than 1000 gallons of product per year.

(2) “Part-time” means fewer than 30 hours in any workweek.