Roger Hernández
- Democratic
Author
Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.
Chaptered by Secretary of State - Chapter 741, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 29. Page 3061.).
Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2639.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 29. Page 1877.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on APPR.
From printer. May be heard in committee March 27.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB621 | HTML |
| 02/24/15 - Introduced | |
| 06/01/15 - Amended Assembly | |
| 06/25/15 - Amended Senate | |
| 08/31/15 - Amended Senate | |
| 09/04/15 - Amended Senate | |
| 09/14/15 - Enrolled | |
| 10/10/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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