Bill Text: CA AB3056 | 2019-2020 | Regular Session | Amended
Bill Title: Warehouse distribution centers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-09-01 - Died on call pursuant to Article IV, Section 10(c) of the Constitution. [AB3056 Detail]
Download: California-2019-AB3056-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
| Introduced by Assembly Member Gonzalez |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of the employee’s employment.
Existing law defines “employee” for purposes of the laws governing workers’ compensation, but specifically excludes from that definition certain persons, such as an appointed deputy clerk or deputy sheriff who does not receive compensation and a person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization.
This bill would make technical, nonsubstantive changes to the provision excluding certain persons as employees.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Part 8.6 (commencing with Section 2100) is added to Division 2 of the Labor Code, to read:PART 8.6. Warehouse Distribution Centers
CHAPTER 1. General Provisions
2100.
The enactment of this part is an exercise of the police power of the State of California for the protection for the public welfare, prosperity, health, safety, and peace of its people. The civil penalties provided by this chapter are in addition to any other penalty provided by law.2101.
As used in this part:2102.
The Division of Labor Standards Enforcement shall enforce the provisions of this part, subject to the provisions of Chapter 4 (commencing with Section 2112).2103.
This part does not limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the director.2104.
The commissioner shall have authority to adopt regulations implementing this part.2105.
This part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to employees covered by this part.2106.
The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.CHAPTER 2. Reasonable Quota Requirements
2107.
An employer shall not impose a quota upon an employee under which reasonable amounts of time that the employee spends on any of the following activities is counted toward the time required for completing the quota, or results in the employee having less time to complete the quota:2108.
(a) An employer shall authorize and permit each employee who works under a quota during any part of a workday to take a recovery period based on the total hours worked during that workday, at the rate of 10 minutes net recovery time per 4 hours or major fraction thereof, so long as the employee works at least 3 ½ hours during the workday. Authorized recovery period time shall be counted as hours worked, for which there shall be no deduction from wages. Each such recovery period shall be in addition to any other meal, rest, or recovery period mandated pursuant to an applicable statute or applicable regulation, or standard or order of the Industrial Welfare Commission, the Division of Labor Standards Enforcement, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health.CHAPTER 3. Reasonable Compensation
2109.
One or more employees, or their representative, or an employer may file a petition with the commissioner to establish reasonable quota baselines for an employer. Such petition shall be in a form determined by the commissioner, which shall include the address of the warehouse distribution center or warehouse distribution centers that are the subject of the petition, the classifications that are the subject of the petition, and a description or documentation of the quota in place for each classification at the time the petition is filed.2110.
(a) Upon receipt of a petition described in Section 2109, the commissioner shall provide notice to the employer named in the petition, in the case of a petition filed by one or more employees, and shall direct the employer to post a notice, in an approved form, at each warehouse distribution center or warehouse distribution centers that are the subject of the petition, for the purpose of providing notice of the petition to affected employees.2111.
An employer that is subject to a baseline quota established pursuant to Section 2110 shall pay each employee who works under a quota during the workday and who is assigned or required to perform work in excess of the baseline quota during that workday a wage premium of 1 ½ times the employee’s regular rate of pay for any hour during which the employee was assigned or required to perform work in excess of the baseline quota.CHAPTER 4. Enforcement
2112.
Any employer that violates Section 2107 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation. The civil penalties provided for in this section are in addition to any other penalty provided by law.2113.
(a) Any employer that is determined by the commissioner to have violated this part more than 10 times during any rolling 365-day period shall be designated as a “repeat offender.”(a)“Employee,” excludes the following:
(1)A person defined in subdivision (d) of Section 3351 who is employed by that person’s parent, spouse, or child.
(2)A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization.
(3)A person holding an appointment as deputy clerk or deputy sheriff appointed for
that person’s
own convenience, and who does not receive compensation from the county or municipal corporation or from the citizens of that county or municipal corporation for the person’s services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive that person of recourse against a private person employing that person for injury occurring in the course of, and arising out of, the employment.
(4)A person performing voluntary services at or for a recreational camp, hut, or
lodge operated by a nonprofit organization, exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, of which the person or a member of that person’s family is a member and who does not receive compensation for those services, other than meals, lodging, or transportation.
(5)A person performing voluntary service as a ski patrolman who does not receive compensation for those services, other than meals or lodging or the use of ski tow or ski lift facilities.
(6)A person employed by a ski lift operator to work at a snow ski area who is relieved of, and is not performing any, prescribed duties, while participating in recreational activities on the person’s own initiative.
(7)A person, other than a regular employee, participating in sports or athletics who does not receive compensation for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto.
(8)A person described in subdivision (d) of Section 3351 whose employment by the employer to be held liable, during the 90 calendar days immediately preceding the date of injury, for
injuries as described in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury, for diseases or injuries as described in Section 5412, comes within either of the following descriptions:
(A)The employment was, or was contracted to be, for less than 52 hours.
(B)The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100).
(9)A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses.
(10)A person, other than a regular
employee, performing officiating services relating to amateur sporting events sponsored by a public agency or private, nonprofit organization, who does not receive remuneration for these services, other than a stipend for each day of service no greater than the amount established by the Department of Human Resources as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment.
(11)A student participating as an athlete in amateur sporting events sponsored by a public agency or public or private nonprofit college, university, or school, who
does not receive remuneration for the participation, other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto.
(12)A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code.
(13)A law enforcement officer who is regularly employed by the Oregon State Police, the State of Nevada’s Department of Public Safety, or the Arizona Department of Public Safety and who is acting
as a peace officer in this state pursuant to subdivision (a) of Section 830.39 of the Penal Code.
(14)A person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or a person performing services as a sports official for a public agency, public entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.
(15)A person who is an
owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code, sponsored by a nonprofit corporation.
(16)(A)(i)An officer or member of the board of directors, as described in subdivision (c) of Section 3351, if the officer or member owns at least 10 percent of the issued and outstanding stock of the corporation, or at least 1 percent of the issued and outstanding stock of the corporation if that officer’s or member’s parent, grandparent, sibling, spouse, or child owns at least 10 percent of the issued and outstanding stock of the corporation and that
officer or member is covered by a health insurance policy or a
healthcare service plan, and executes a written waiver of
the officer’s or member’s rights under this chapter stating under penalty of perjury that the person is a qualifying officer or director. The waiver shall be effective upon the date of receipt and acceptance by the corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits.
(ii)A written waiver that is executed pursuant to this subparagraph,
including a written waiver that was executed prior to January 1, 2017, and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the officer or member of the board of directors provides the corporation’s insurance carrier with a written withdrawal of the waiver.
(B)Notwithstanding subparagraph (A), an officer or director of a private corporation who is the sole shareholder of the private corporation, unless the officer, director, or private corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151.
(17)(A)An individual who is a general partner of a partnership or a managing member of a limited liability company who
executes a written waiver of the partner’s rights under this chapter stating under penalty of perjury that the person is a qualifying general partner or managing member. The waiver shall be effective upon the date of receipt and acceptance by the partnership’s or limited liability company’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits.
(B)A written waiver that is executed pursuant to this paragraph, including, but not limited to, a written waiver that was executed prior to January 1, 2017, and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the general partner provides the partnership’s insurance carrier or the managing member provides the limited liability company’s insurance carrier with a written withdrawal of the waiver.
(18)(A)(i)An owner of a professional corporation, as defined in Section 13401 of the Corporations Code, who is a practitioner rendering the professional services for which the professional corporation is organized and who executes a document, in writing and under penalty of perjury, both waiving
the owner’s rights under this chapter and stating that the owner is covered by a health insurance policy or a healthcare service plan. The owner shall provide a copy of the waiver to all other owners of the professional corporation and the professional corporation shall keep a copy of the waiver on file. The waiver is effective upon the date of receipt and acceptance by the professional corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to
the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits.
(ii)A written waiver that is executed pursuant to this subparagraph and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the owner provides the professional corporation’s insurance carrier with a written withdrawal of the waiver.
(B)Notwithstanding subparagraph (A), an owner of a private professional corporation who is the sole shareholder of the private professional corporation, unless the owner
or private professional corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151.
(19)(A)(i)An officer or member of the board of directors of a cooperative corporation organized pursuant to the Cooperative Corporation Law, as set forth in Part 2 (commencing with Section 12200) of Division 3 of Title 1 of the Corporations Code, who executes a document, in writing and under penalty of perjury, both waiving the officer’s or member’s rights under this chapter and stating that
the officer or member is covered by both a healthcare service plan or health insurance policy, and a disability insurance policy that is comparable in scope and coverage, as determined by the Insurance Commissioner, to a workers’ compensation policy. The officer or member of the board of directors shall provide a copy of the waiver to all other officers and members of the board of directors of the cooperative corporation, and the cooperative corporation shall keep a copy of the waiver on file. The waiver is effective upon the date of receipt and acceptance by the cooperative corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of
receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits.
(ii)A written waiver that is executed pursuant to this subparagraph and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the officer or member of the board provides the cooperative corporation’s insurance carrier with a written withdrawal of the waiver.
(B)Notwithstanding subparagraph (A), an officer or director of a private cooperative corporation who is the sole shareholder of the private cooperative
corporation, unless the officer, director, or private cooperative corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151.
(b)(1)This section shall become operative on July 1, 2018.
(2)A policy or contract that is entered into or renewed in compliance with this section is subject to this section as it read on the date that the policy or contract was entered into or renewed.
