Unemployment insurance: professional employer organizations.
Summary
Existing law requires that the determination of the employer-employee relationship be made pursuant to common-law principles, with specified exceptions. Existing law provides that when an individual or entity contracts to supply an employee to perform services for a customer or client and is a leasing employer or a temporary services employer, as defined, the individual or entity is the employer of the employee who performs the services. This bill would, on and after January 1, 2012, for purposes of all unemployment insurance laws of this state, provide that a professional employer organization, as defined, shall be deemed to be an employing unit for covered employees under a professional employer agreement, as defined. This bill would require the Employment Development Department to administer the provisions of the bill, as specified. This bill would impose various requirements on professional services organizations and clients, and would also provide for an assessment, fines, and disciplinary actions.
Bill status
failed
3 of 5 stages cleared
Introduction
Feb 2010
Committee Review
Aug 2010
Assembly Passage
Jun 2010
Senate Passage
Governor
Introduced Feb 19, 2010
Last action Nov 30, 2010
Floor votes · Assembly Jun 3, 2010
How they voted
48–23
Passed · 2 other
Total votes 73
Jun 3, 2010
D
Democratic46
100% Yea
I
Independent1
100% Nay
R
Republican26
84% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
17
Key actions
5
Committee
7
Amendments
2
Aug 12, 2010
Upper · Passed
In committee: Held under submission.
upper
Jun 30, 2010
Introduced
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 23).
upper
Jun 21, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
upper
Jun 10, 2010
Committee
Referred to Com. on L. & I.R.
upper
Jun 3, 2010
Assembly · Passed
Assembly Vote: pass (48-23-2)
assembly
May 28, 2010
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 5.) (May 28).
lower
May 5, 2010
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 22, 2010
Lower · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 21).
lower
Mar 18, 2010
Committee
Referred to Com. on L. & E.
lower
Feb 21, 2010
Lower · Passed
From printer. May be heard in committee March 23.
lower
Feb 19, 2010
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
FM
Fiona Ma
DDemocratic
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