Blanca Rubio
Author
(1) Existing law sets out the various responsibilities of the Department of General Services and state agencies in overseeing and implementing state contracting procedures and policies. Existing law also provides that whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, the publication is required to be made only in a newspaper of general circulation, as specified. This bill would require the department to publish, on the department's internet website, an annual report by July 1 of each year containing specified information relating to payments for placement of marketing or outreach advertising material by each state agency. The bill would provide that these provisions are not intended to amend any of the above-described provisions relating to required publications of official advertising, notices, resolutions, orders, or other matters. The bill would make these provisions inoperative on July 1, 2023. (2) Existing law, as established in the case of Dynamex Operations W. v. Superior Court (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 determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes 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 is 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. This test is commonly known as the "ABC" test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of Dynamex and the provisions described above. These exemptions include a temporary exemption for newspaper distributors working under contract with a newspaper publisher, and newspaper carriers working under contract either with a newspaper publisher or newspaper distributor, as those terms are defined, until January 1, 2021. This bill would expand the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. The bill would extend the exemption period to January 1, 2022. (3) This bill would incorporate the changes to Section 2750.3 of the Labor Code proposed by this bill to Section 2783 of the Labor Code, as proposed to be added by AB 2257, to be operative only if this bill and AB 2257 are enacted and this bill is enacted last.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 341, Statutes of 2020.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 4. Page 5430.).
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
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. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 20).
Read second time and amended. Ordered returned to second reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 11). Re-referred to Com. on APPR.
Joint Rule 62(a), file notice suspended. (Ayes 22. Noes 6. Page 4130.)
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 3865.)
Withdrawn from committee.
Ordered to third reading.
Assembly Rule 96 suspended. (Page 3787.)
Re-referred to Com. on BUDGET. pursuant to Assembly Rule 97.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 28. Noes 0.) (April 29).
From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.
From printer. May be heard in committee March 2.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB323 | HTML |
| 01/30/19 - Introduced | |
| 04/02/19 - Amended Assembly | |
| 08/07/20 - Amended Senate | |
| 08/20/20 - Amended Senate | |
| 08/25/20 - Amended Senate | |
| 08/27/20 - Amended Senate | |
| 09/04/20 - Enrolled | |
| 09/30/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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