BILL NUMBER: AB 394	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2011

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 14, 2011

   An act to add Chapter 0.5 (commencing with Section 1170) to Part 4
of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 394, as amended, Silva. Employment regulation: volunteers.
   Existing law prescribes wages, hours, and working conditions for
all employees in the state, not including any individual employed as
an outside salesman or participating in a national service program,
as specified. Existing law provides a system for the imposition of
criminal and civil sanctions against a person violating statutes and
regulations of the state relating to the employment of minors, as
defined, in various activities and occupations. Existing law
prescribes the maximum number of hours per day and per week that an
employer may employ a minor.
   This bill would exempt an individual who renders services as a
volunteer from those provisions. The bill would define the term
"volunteer" for those purposes as an individual who, without promise
or expectation of compensation, but solely for his or her personal
purpose or pleasure, performs work for an organization that is exempt
from taxation pursuant to a specified provision of federal law 
or for a resource conservation district formed pursuant to specified
state statutory provisions  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Chapter 0.5 (commencing with Section 1170) is added to
Part 4 of Division 2 of the Labor Code, to read:
      CHAPTER 0.5.  GENERAL PROVISIONS


   1170.  (a) This part does not apply to an individual who renders
services as a volunteer.
   (b) For purposes of this part, "volunteer" means an individual
who, without promise or expectation of compensation, but solely for
his or her personal purpose or pleasure, performs work for an
organization that is exempt from taxation pursuant to Section 501(c)
of the United States Internal Revenue Code (26 U.S.C. Sec. 
501(c)).   501(c)) or for a resource conservation
district formed pursuant to Division 9 (commencing with Section 9001)
of the Public Resources   Code.