BILL NUMBER: AB 3051	CHAPTERED
	BILL TEXT

	CHAPTER  824
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	PASSED THE SENATE  AUGUST 17, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 21, 2006
	AMENDED IN ASSEMBLY  APRIL 17, 2006

INTRODUCED BY   Assembly Member Koretz

                        MARCH 1, 2006

   An act to repeal and add Section 201.5 of the Labor Code, relating
to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3051, Koretz   Employment: wages of motion picture employees.
   Existing law provides generally that wages earned and unpaid at
the time an employee is discharged or laid off are due and payable
immediately.
   Existing law provides that an employer who lays off an employee
engaged in the production of motion pictures, whose unusual or
uncertain terms of employment require special computation in order to
ascertain the amount due, shall be deemed to have made immediate
payment of wages if the wages of the employee are paid by the next
regular payday. If the employee is discharged, payment of wages is
required to be made within 24 hours after discharge. Existing law
defines layoff and discharge for purposes of this provision.
   This bill would repeal and recast this provision. The bill would
provide that an employee who is engaged in the production or
broadcasting of motion pictures, as defined, whose employment
terminates, whether by discharge, lay off, resignation, completion of
employment, or otherwise, is entitled to receive payment of the
wages earned and unpaid at the time of termination by the next
regular payday.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 201.5 of the Labor Code is repealed.
  SEC. 2.  Section 201.5 is added to the Labor Code, to read:
   201.5.  (a) For purposes of this section, the following
definitions apply:
   (1) "An employee engaged in the production or broadcasting of
motion pictures" means an employee to whom both of the following
apply:
   (A) The employee's job duties relate to or support the production
or broadcasting of motion pictures or the facilities or equipment
used in the production or broadcasting of motion pictures.
   (B) The employee is hired for a period of limited duration to
render services relating to or supporting a particular motion picture
production or broadcasting project, or is hired on the basis of one
or more daily or weekly calls.
   (2) "Daily or weekly call" means an employment that, by its terms,
will expire at the conclusion of one day or one week, unless
renewed.
   (3) "Next regular payday" means the day designated by the
employer, pursuant to Section 204, for payment of wages earned during
the payroll period in which the termination occurs.
   (4) "Production or broadcasting of motion pictures" means the
development, creation, presentation, or broadcasting of theatrical or
televised motion pictures, television programs, commercial
advertisements, music videos, or any other moving images, including,
but not limited to, productions made for entertainment, commercial,
religious, or educational purposes, whether these productions are
presented by means of film, tape, live broadcast, cable, satellite
transmission, Web cast, or any other technology that is now in use or
may be adopted in the future.
   (b) An employee engaged in the production or broadcasting of
motion pictures whose employment terminates is entitled to receive
payment of the wages earned and unpaid at the time of the termination
by the next regular payday.
   (c) The payment of wages to employees covered by this section may
be mailed to the employee or made available to the employee at a
location specified by the employer in the county where the employee
was hired or performed labor. The payment shall be deemed to have
been made on the date that the employee's wages are mailed to the
employee or made available to the employee at the location specified
by the employer, whichever is earlier.
   (d) For purposes of this section, an employment terminates when
the employment relationship ends, whether by discharge, lay off,
resignation, completion of employment for a specified term, or
otherwise.
   (e) Nothing in this section prohibits the parties to a valid
collective bargaining agreement from establishing alternative
provisions for final payment of wages to employees covered by this
section if those provisions do not exceed the time limitation
established in Section 204.