Asm. Buffy Wicks

Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for those purposes. Existing law, for purposes of unemployment insurance provisions, requires employers to make contributions with respect to unemployment insurance and disability insurance from the wages paid to their employees. Existing law defines "employee" for those purposes to include, among other individuals, any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee. This bill would state the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. The bill would provide that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. The bill, notwithstanding this provision, would provide that any statutory exception from employment status or any extension of employer status or liability remains in effect, and that if a court rules that the 3-part test cannot be applied, then the determination of employee or independent contractor status shall be governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) . The bill would exempt specified occupations from the application of Dynamex, and would instead provide that these occupations are governed by Borello. These exempt occupations would include, among others, licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry. The bill would also require the Employment Development Department, on or before March 1, 2021, and each March 1 thereafter, to issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. The bill would make the exemption for commercial fishermen applicable only until January 1, 2023, and the exemption for licensed manicurists applicable only until January 1, 2022. The bill would authorize an action for injunctive relief to prevent employee misclassification to be brought by the Attorney General and specified local prosecuting agencies. This bill would also redefine the definition of "employee" described above, for purposes of unemployment insurance provisions, to include an individual providing labor or services for remuneration who has the status of an employee rather than an independent contractor, unless the hiring entity demonstrates that the individual meets all of specified conditions, including that the individual performs work that is outside the usual course of the hiring entity's business. Because this bill would increase the categories of individuals eligible to receive benefits from, and thus would result in additional moneys being deposited into, the Unemployment Fund, a continuously appropriated fund, the bill would make an appropriation. The bill would state that addition of the provision to the Labor Code does not constitute a change in, but is declaratory of, existing law with regard to violations of the Labor Code relating to wage orders of the Industrial Welfare Commission. The bill would also state that specified Labor Code provisions of the bill apply retroactively to existing claims and actions to the maximum extent permitted by law while other provisions apply to work performed on or after January 1, 2020. The bill would additionally provide that the bill's provisions do not permit an employer to reclassify an individual who was an employee on January 1, 2019, to an independent contractor due to the bill's enactment. Existing provisions of the Labor Code make it a crime for an employer to violate specified provisions of law with regard to an employee. The Unemployment Insurance Code also makes it a crime to violate specified provisions of law with regard to benefits and payments. By expanding the definition of an employee for purposes of these provisions, the bill would expand the definition of a crime, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This measure would state that the Legislature strongly and unequivocally objects to federal preemption of state authority relating to the regulation of vessel discharges in California waters, remains steadfast in its commitment to protect California's waters from aquatic invasive species introductions, and is resolved to consider any appropriate actions to overturn the federal preemption of California authority.

(1) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school. Existing law specifies the amount of the base grant in the 2013–14 fiscal year, as provided, and requires that amount to be adjusted for changes in cost of living in subsequent fiscal years. Existing law requires the Superintendent of Public Instruction to compute the supplemental and concentration grant add-ons as certain percentages of the amount of the base grant. This bill would express the intent of the Legislature to increase the base grants to amounts equal to the national average per-pupil funding level, as provided. The bill would express the intent of the Legislature to apply a cost-of-living adjustment separate from, in addition to, and above the specified cost-of-living adjustment described above for purposes of certain funding provisions. (2) Commencing with the first fiscal year after full implementation of the local control funding formula, existing law requires the Superintendent of Public Instruction, within 3 business days of the first principal, 2nd principal, and annual apportionments for each fiscal year, to publish on the State Department of Education's internet website the amount of a county office of education's, school district's, or charter school's funding derived from its local control funding formula allocation that is attributable to the supplemental and concentration grants. Commencing July 1, 2020, this bill would require the Superintendent to additionally publish on the department's internet website (A) the amount of a county office of education's, school district's, or charter school's funding derived from its local control funding formula allocation that is attributable to base grants and (B) the unduplicated pupil counts and percentages calculated for each school district, charter school, and county office of education. The bill would prohibit the Superintendent from publishing this information for any necessary small school, as defined.

Existing law authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. This bill would authorize the City of Scotts Valley and the City of Emeryville to impose a transactions and use tax in conformity with the Transactions and Use Tax Law for general or specific purposes at a rate of no more than 0.25% that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2% if certain requirements are met, including a requirement that the ordinance proposing the transactions and use tax be submitted to, and approved by, the voters. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Scotts Valley and the City of Emeryville.

This measure would, among other things, designate the year 2019 as "State of California Year of Commemoration of the Anniversary of the Armenian Genocide of 1915–1923," would designate April 24, 2019, as "State of California Day of Commemoration of the 104th Anniversary of the Armenian Genocide of 1915–1923," and would call upon the President of the United States and the United States Congress to formally and consistently reaffirm the historical truth that the atrocities committed against the Armenian people constituted genocide.

This measure would request the Trustees of the California State University and the Regents of the University of California to conduct a study on the usefulness, effectiveness, and need for the SAT and ACT to determine student admissions, and would provide that the study should include evaluation of specified admissions eligibility and qualifications measures and testing issues. The measure would also provide that the study should include recommendations and, if determined necessary, a plan for phasing out the use of the SAT and ACT as a basis for admission.

This measure would request the President and the Congress of the United States to enact legislation that would strengthen the communication between federal, state, local, and tribal officials, and that would require the United States Department of Justice, United States Department of the Interior, and United States Department of Health and Human Services to seek recommendations from tribes in enhancing the safety of Native American women and girls. The measure would also request that the Attorney General of the State of California begin the collection of data as it relates to missing and murdered Native American women and girls.

Existing law generally makes it unlawful to offer a prize or other inducement as a reward for the taking of a game bird, mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby. Existing law makes specific exceptions to that general prohibition, including authorizing the Department of Fish and Wildlife to issue a permit, subject to Fish and Game Commission regulations, to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish if it makes a specified finding. Existing law vests the Department of Parks and Recreation with the control of the state park system. Existing regulations of the Department of Parks and Recreation prohibit a person from having control over a game or recreational activity occurring wholly or partially within or on any property owned, operated or administered by the department without an approved special event permit, as defined. Existing law authorizes the State Lands Commission to lease state lands under the jurisdiction of the commission for purposes as the commission deems advisable, including, but not limited to, grazing leases and leases for commercial, industrial, and recreational purposes. The California Coastal Act of 1976 establishes the California Coastal Commission and requires the commission to implement and administer a coastal development permit process within the coastal zone, as defined. The act exempts from the requirement for a coastal development permit a proposed development found to be a temporary event that does not have any significant adverse impact upon coastal resources within the meaning of guidelines adopted by the commission. The act subjects any permit that is issued or any development or action approved on appeal to be subject to reasonable terms and conditions in order to ensure that the development or action will be in accordance with the act. The act also declares that existing laws relating to discrimination and environmental justice apply to the California Coastal Commission and all public agencies implementing the act. The act provides that, as required by existing law relating to discrimination, no person in the State of California, on specified bases including sex, may be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under specified programs or activities under the act. Under existing law, the Department of Transportation may issue permits authorizing encroachments, as defined, on state highways. Existing law requires the department to either approve or deny an application for an encroachment permit within 60 days of receiving a completed application. This bill would require those entities to include in permit or lease conditions, for a competition event to be held on land under the jurisdiction of the entity, as described, and that awards prize compensation, as defined, to competitors in gendered categories, a requirement that the prize compensation be identical between the gendered categories at each participant level.