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 a person or employer to avoid employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor. Existing law authorizes the Labor and Workforce Development Agency to take specified actions against violators of these provisions, authorizes civil penalties, and authorizes the Labor Commissioner to enforce those provisions pursuant to administrative authority or by civil suit. Existing case law establishes a three-part test, known as the "ABC" test, for determining whether a worker is considered an independent contractor for purposes of specified wage orders. Under this test, a worker is properly considered an independent contractor only if the hiring entity establishes; 1) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for performance of the work and in fact; 2) that the worker performs work outside the usual course of the hiring entity's business; and 3) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. This bill would, instead, require a determination of whether a person is an employee or an independent contractor to be based on a specific multifactor test, including whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired, and other identified factors. The bill would make related, conforming changes.
Sponsored bills
Existing law establishes a specialized license plate program under which the Department of Motor Vehicles (DMV) issues specialized license plates on behalf of a sponsoring state agency that meets certain requirements. Existing law authorizes the Department of Veterans Affairs to sponsor a Gold Star Family specialized license plate program, which allows specified persons to apply for Gold Star Family license plates. Existing law requires that Gold Star Family license plates be issued in a sequential series. Existing law imposes additional fees for the issuance and renewal of specialized license plates, but exempts Gold Star Family license plates from those fees. Existing law also requires an applicant to pay specified environmental fees when applying for a specialized environmental license plate, and directs the DMV to deposit this revenue in the California Environmental License Plate Fund. This bill would, commencing January 1, 2021, require the DMV to issue Gold Star Family license plates as environmental license plates if the requester pays the above-described environmental license plate fees and specialized license plate fees. The bill would direct the revenue generated from the environmental license plate fees to be deposited into the Motor Vehicle Account within the State Transportation Fund until the DMV's upfront cost of implementing this program is covered. The bill would then direct this revenue to be deposited into the Veterans Service Office Fund.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law required the state board to adopt regulations that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles and light-duty trucks and any other vehicles determined by the state board to be vehicles whose primary use is noncommercial personal transportation in the state. This bill, no later than July 1, 2020, would require the state board to certify that specified vehicles are free of materials acquired using child labor, as specified. The bill would prohibit the state board from enforcing specified regulations until the state board has adopted those certifications.
The Political Reform Act of 1974 prohibits a Member of the Legislature, for a period of one year after leaving office, from acting as a compensated agent or attorney for, or otherwise representing, any other person by making appearances before, or communications with, the Legislature or its committees, Members, or officers or employees, if the appearance or communication is made for the purpose of influencing legislative action. If the Member resigns from office, this prohibition applies from the effective date of the resignation until one year after the adjournment sine die of the session in which the resignation occurred. This bill would extend the time periods for these prohibitions for a Member of the Legislature to 5 years. Because a violation of the act is punishable as a misdemeanor, this bill would impose 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law, the federal Real ID Act of 2005, requires, among other things, that in order for a state's driver's licenses and identification cards to be accepted for official purposes, including boarding a commercial aircraft, the state is required to comply with specified provisions, including that the state require, prior to issuance of driver's licenses or identification cards, valid documentary evidence of lawful presence in the country. Existing state law permits the Department of Motor Vehicles to require applicants for an original, renewal, or duplicate driver's license to produce any identification that it determines necessary to verify the applicant's true full name or residence address. Existing law prohibits the department from issuing or renewing a driver's license to a person under specified circumstances, including, among others, if the person is not of legal age to receive a driver's license. Existing law also authorizes the department to issue identification cards to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant. Existing law prohibits the department from issuing a Real ID driver's license to a person who holds a valid Real ID identification card, or from issuing a Real ID identification card to a person who holds a valid Real ID driver's license. This bill, beginning October 1, 2019, would require all original, renewal, or duplicate driver's licenses or identification cards issued by the department to be Real IDs unless the applicant affirms that he or she does not wish to receive, or is not eligible for, a Real ID driver's license or identification card. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the University of California, established under the California Constitution as a public trust under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would establish the Campus Free Speech Act, which would, among other things, require the appropriate governing board or body of each higher education institution, as defined, to develop and adopt a policy on free expression that contains specified components. The act would require that the policy supersede any provisions in the policies and regulations of the institution that restrict speech on campus and are inconsistent with the policy, and would require the appropriate governing board or body of the institution to remove or revise the provisions to ensure compatibility with the policy. The act would require the appropriate governing board or body of each public higher education segment, and authorize other higher education institutions, to establish a Committee on Free Expression, consisting of no less than 5 members and no more than 15 members, as specified. The act would require each committee to report, on or before September 1 of each year, to the governing board or body of the segment or of each institution represented by the committee, the Legislature, and the Governor specified information regarding the status of free expression at the campus, or at each campus of the higher education institution, as applicable. The act would require each higher education institution to include in its freshman orientation programs a section describing to its students the institution's policies and regulations regarding free expression. The act would make a higher education institution with written policies that do not comply with the act as of January 1, 2021, ineligible for any state funding except pursuant to the Cal Grant Program or a successor state-funded student financial aid program. Because the bill would impose new duties on community college districts, this bill would impose a state-mandated local program. The act would apply to educational programs or activities offered by a higher education institution that is controlled by a religious organization only if the application would not be inconsistent with the religious tenets of that organization. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the administration of public health, as specified. Existing law also provides for the licensure and regulation by the State Department of Health Care Services of alcoholism and drug abuse recovery and treatment facilities for adults. Existing law prohibits specified persons, programs, or entities from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. Existing law authorizes the department to investigate and impose specified sanctions for violations of that prohibition, including assessing a penalty or revoking a license. This bill would prohibit a recovery residence, as defined, or an owner, partner, officer, director, or shareholder of a recovery residence, from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services, and would authorize the department to assess a penalty upon a recovery residence, or an owner, partner, officer, director, or shareholder of a recovery residence, of no more than $10,000 for each violation.
Existing law prohibits the use of public resources for a campaign activity or personal or other purposes that are not authorized by law. Existing law subjects a person who intentionally or negligently violates this prohibition to a civil penalty not to exceed $1,000 for each day on which a violation occurs, plus 3 times the value of the unlawful use of public resources. The Political Reform Act of 1974 establishes the Fair Political Practices Commission (FPPC) as the agency responsible for enforcing the act. The act generally prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. The act authorizes the Commission to seek and impose administrative and civil penalties against persons who violate the act, as prescribed. This bill would amend the Political Reform Act of 1974 to prohibit any elected state or local officer, including any state or local appointee, employee, consultant, or agency, from using or permitting others to use public resources for a campaign activity. The bill would authorize the FPPC to impose an administrative or civil penalty against a person for a misuse of public resources for campaign activity, not to exceed $1,000 for each day on which a violation occurs, plus 3 times the value of the unlawful use of public resources. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law establishes the California High-Cost Fund-A Administrative Committee Fund, the California High-Cost Fund-B Administrative Committee Fund, the Universal Lifeline Telephone Service Trust Administrative Committee Fund, the Deaf and Disabled Telecommunications Program Administrative Committee Fund, the Payphone Service Providers Committee Fund, the California Teleconnect Fund Administrative Committee Fund, and the California Advanced Services Fund (CASF) in the State Treasury and provides that moneys in the funds are held in trust and may be expended only to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. This bill would prohibit the commission from collecting, for deposit into any universal service fund, any revenues derived from charges upon the provision of a communications service that the Federal Communications Commission has determined is an information service, as specified. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the commission to annually determine a utility reimbursement fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission, except for a railroad corporation. The commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. This bill would prohibit the commission from imposing a utility reimbursement fee that is applicable to the provision of a communications service that the Federal Communications Commission has determined is an information service, as specified.