Bill Text: CA AB2741 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2741

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Rental car companies: electronic surveillance technology.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-29 - Referred to Com. on JUD. [AB2741 Detail]

Download: California-2023-AB2741-Amended.html

Amended IN Assembly April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2741

Introduced by Assembly Member Haney

February 15, 2024

~~An act to add Part 5.6 (commencing with Section 1520) to Division 2 of the Labor Code, relating to private employment.~~ An act to amend Section 1939.23 of the Civil Code, relating to rental passenger vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2741, as amended, Haney. ~~Temporary employees: labor contractors.~~ Rental car companies: electronic surveillance technology.

Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers, including, among other provisions, restrictions on a rental company’s use of electronic surveillance technology. Existing law, as part of those restrictions, prohibits a rental company from using, accessing, or obtaining any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except under specified circumstances. Existing law, until January 1, 2028, authorizes a rental company to activate electronic surveillance technology if the rental vehicle has not been returned following 72 hours after the contracted return date or by 72 hours following the end of an extension of that return date. Existing law requires the rental company to provide notice of activation of the electronic surveillance technology 24 hours prior to activation, as specified.
This bill would instead authorize a rental company to activate electronic surveillance technology if the rental vehicle has not been returned following 24 hours after the contracted return date or by 24 hours following the end of an extension of that return date, and would remove the 24-hour notice requirement prior to activating the electronic surveillance technology.
Existing law establishes various requirements with respect to the payment of wages and other conditions of employment. 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 employees identity, among other things, subject to certain variations.
This bill would impose certain requirements on a labor contractor and a client employer who has obtained a temporary worker from the labor contractor, as those terms are defined. The bill would require a labor contractor to include on the wage statement of each temporary worker the total amount of actual charges to the client employer for the temporary worker compared to the total compensation cost for the temporary worker. The bill would require a client employer to provide every temporary worker who has performed services for the client employer on a long-term, continuous basis with an opportunity to become a direct employee. The bill would require a client employer who plans to hire a permanent employee to give a temporary worker in the applicable position, as specified, an opportunity to apply for the permanent position before filling it. The bill would require a labor contractor to attempt to place a current temporary worker into a permanent position with a client employer when that employer informs the labor contractor of its plan to hire a permanent employee for a position for which the labor contractor is providing a temporary worker. The bill would prohibit a labor contractor from restricting a temporary worker from accepting a permanent position from the client employer, and would prohibit a labor contractor from collecting a fee when a temporary worker is offered permanent employment. The bill, on or before the 2nd Wednesday of May 2025, would require a client employer that has 100 or more direct employees hired through labor contractors within the prior calendar year to make publicly available on an internet website the number of temporary employees hired through labor contractors within the prior calendar year as compared to the number of direct employees. The bill would prohibit a labor contractor from sending a temporary worker to a place where a strike, lockout, or other labor trouble exists without providing to the temporary worker a specified written notice in a language the temporary worker understands. The bill would make the termination or disciplinary action by a labor contractor against a worker within 90 days of the person’s exercise of rights protected under the act to be a rebuttable presumption of retaliation. The bill would provide certain remedies for a violation of the rights established by the bill, including bringing an action against a labor contractor or employer in the superior court. The bill would authorize the Labor Commissioner to enforce the bill’s provisions, and would authorize the Labor Commissioner to assess and collect specified penalties for a violation of the bill’s provisions.

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

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

SECTION 1.

Section 1939.23 of the Civil Code is amended to read:

1939.23.

(a) A rental company shall not use, access, or obtain any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except in the following circumstances:

(1) (A) When the equipment is used by the rental company only for the purpose of locating a stolen, abandoned, or missing rental vehicle after one of the following:

(i) The renter or law enforcement has informed the rental company that the vehicle is missing or has been stolen or abandoned.

(ii) Until January 1, 2028, and for purposes of this clause, if the rental vehicle has not been returned following 72 24 hours after the contracted return date or by 72 24 hours following the end of an extension of that return date, the rental company may activate electronic surveillance technology. The rental company shall provide notice of activation of the electronic surveillance ~~technology 24 hours prior to activation,~~ technology, by telephone and electronically pursuant to Section 1939.22, unless the renter has not provided a telephone number or the renter has not agreed to electronic communication pursuant to Section 1939.22. The rental or lease agreement shall advise the renter that electronic surveillance technology may be activated if the rental vehicle has not been returned within 72 24 hours after the contracted return date or extension of the return date. The renter shall acknowledge this advisement in the rental or lease agreement by initials. The advisement shall also be made orally to the renter at the time of executing the rental or lease agreement. The advisements are not required to be made to members of the rental company’s membership program executing a rental or lease agreement; however, a renter shall be given those advisements upon enrolling in the rental company’s membership program.

(iii) Notwithstanding clause (ii), if the rental vehicle has not been returned following one week after the contracted return date or by one week following the end of an extension of that return date.

(iv) The rental company discovers the rental vehicle has been stolen or abandoned, and, if stolen, the rental company shall report the vehicle stolen to law enforcement by filing a stolen vehicle report, unless law enforcement has already informed the rental company that the vehicle is missing or has been stolen or abandoned.

(v) The rental vehicle is the subject of an AMBER Alert issued pursuant to Section 8594 of the Government Code. If the rental company uses the equipment in connection with this provision relating to an AMBER Alert, the rental company shall notify law enforcement that one of the rental company’s vehicles is the subject of an AMBER Alert upon becoming aware of the situation, unless law enforcement has already informed the rental company that the vehicle was the subject of an AMBER Alert.

(B) If electronic surveillance technology is activated pursuant to subparagraph (A), a rental company shall maintain a record, in either electronic or written form, of information relevant to the activation of that technology. That information shall include the rental agreement, including the return date, and the date and time the electronic surveillance technology was activated. The record shall also include, if relevant, a record of written or other communication with the renter, including communications regarding extensions of the rental, police reports, or other written communication with law enforcement officials. The record shall be maintained for a period of at least 12 months from the time the record is created and shall be made available upon the renter’s request. The rental company shall maintain and furnish explanatory codes necessary to read the record. A rental company shall not be required to maintain a record if electronic surveillance technology is activated to recover a rental vehicle that is stolen or missing at a time other than during a rental period.

(2) In response to a specific request from law enforcement pursuant to a subpoena or search warrant.

(b) Subdivision (a) does not prohibit a rental company from equipping rental vehicles with any of the following:

(1) GPS-based technology that provides navigation assistance to the occupants of the rental vehicle, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except for the purposes of discovering or repairing a defect in the technology and the information may then be used only for that purpose.

(2) Electronic surveillance technology that allows for the remote locking or unlocking of the vehicle at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except as necessary to lock or unlock the vehicle.

(3) Electronic surveillance technology that allows the company to provide roadside assistance, such as towing, flat tire, or fuel services, at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology except as necessary to provide the requested roadside assistance.

(c) Subdivision (a) does not prohibit a rental company from obtaining, accessing, or using information from electronic surveillance technology for the sole purpose of determining the date and time the vehicle departs from and is returned to the rental company, and the total mileage driven and the vehicle fuel level of the returned vehicle. The information obtained or accessed from this electronic surveillance technology shall only be used for the purpose described in this subdivision.

(d) A rental company shall not use electronic surveillance technology to track a renter in order to impose fines or surcharges relating to the renter’s use of the rental vehicle.

SECTION 1.Part 5.6 (commencing with Section 1520) is added to Division 2 of the Labor Code, to read:
5.6.Temporary Employees
1520.
~~For purposes of this part, the following definitions apply:~~
~~(a)“Client employer” means a business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor.~~
(b)“Labor contractor” means an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business.
~~(c)“Temporary worker” means a worker provided by the labor contractor to perform services for the client employer.~~
1521.
A labor contractor shall include on the wage statement, pursuant to Section 226, of each temporary worker the total amount of actual charges to the client employer for the temporary worker during each pay period compared to the total compensation cost for the temporary worker, including costs of any benefits provided.
1522.
(a)When a temporary worker has performed services for a client employer on a long-term and continuous basis, the client employer shall provide the temporary worker with an opportunity to become a direct employee.
(b)When a client employer plans to hire a permanent employee for a position like the positions for which workers are being provided by the agency at the same work location, the client employer shall notify both the labor contractor and all temporary workers in the applicable positions and give an opportunity for those workers to apply before filling the permanent position.
(c)A labor contractor shall attempt to place a current temporary worker into a permanent position with a client employer when the client employer informs the labor contractor of its plan to hire a permanent employee for a position like the positions for which temporary workers are being provided by the agency at the same work location.
(d)A labor contractor shall not restrict the right of a temporary worker to accept a permanent position with a client employer to whom the temporary worker has been referred for work or restrict the right of the client employer to offer employment to a temporary worker. A labor contract shall not assess or collect a placement fee when the temporary worker is offered permanent work.
1523.
On or before the second Wednesday of May 2025, a client employer that has 100 or more direct employees hired through labor contractors within the prior calendar year shall make publicly available on an internet website the number of temporary employees hired through labor contractors within the prior calendar year as compared to the number of direct employees.
1524.
A labor contractor shall not send a worker to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the worker understands, informing the worker of the labor dispute and the worker’s right to refuse the assignment without prejudice to receiving another assignment.
1525.
(a)It is a violation of this part for a labor contractor or client employer, or any agent of a labor contractor or client employer, to retaliate through discharge or in any other manner against any worker for exercising any rights granted under this part. The termination or disciplinary action by a labor contractor against a worker within 90 days of the person’s exercise of rights protected under this part shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights.
(b)Any employee who has been discharged or discriminated or retaliated against in the terms and conditions of their employment because the employee engaged in any conduct delineated in this part may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the labor contractor or client employer, including interest thereon, as well as appropriate equitable relief.
1526.
A person aggrieved by a violation of this part may bring an action against a labor contractor or a client employer in the superior court of the State of California and shall be entitled to appropriate legal and equitable relief, and, upon prevailing, shall recover reasonable attorney’s fees and costs.
1527.
The Labor Commissioner may enforce this part, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this part or by filing a civil action. When the Labor Commissioner finds that a labor contractor or client employer has violated this part, the Labor Commissioner is authorized to assess and collect penalties, up to a maximum of $250 for a first violation, and up to a maximum of $500 for each subsequent violation. The Labor Commissioner may also recover appropriate legal and equitable relief on behalf of an aggrieved temporary worker.