BILL NUMBER: AB 950	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members John A. Pérez and Swanson

                        FEBRUARY 18, 2011

   An act to add Section 2750.7 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 950, as introduced, John A. Pérez. Employment: drayage truck
operators.
   Existing law provides guidelines to determine whether a person who
performs work for another pursuant to a contract is an employee or
an independent contractor.
   This bill would deem drayage truck operators as employees of those
persons who arrange for or engage their services, with the exception
of public agency employers.
   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.  The Legislature finds and declares all of the
following:
   (a) Nonemployee truck operators cannot freely report many safety
concerns without fear of retaliation against them, as only employees
enjoy thorough protection from retaliation.
   (b) Nonemployee truck operators typically lack workers'
compensation insurance. Requiring workers' compensation insurance
would enhance safety as insurers would prompt hazard-prevention
efforts by the businesses involved.
   (c) Drayage driving involves a greater degree of public health and
safety and worker health and safety concerns than other types of
commercial driving due to the heavy weights, large loads, and
frequent trips through neighborhoods, which are adversely impacted by
truck pollution.
  SEC. 2.  Section 2750.7 is added to the Labor Code, to read:
   2750.7.  (a) Notwithstanding any other law, for purposes of all of
the provisions of state law that govern employment, including
workers' compensation and insurance pursuant to Division 4
(commencing with Section 3200), occupational safety and health
pursuant to Part 1 (commencing with Section 6300) of Division 5, and
provisions that prohibit retaliation or discrimination against
employees, a drayage truck operator is an employee of the entity or
person who arranges for or engages the services of the operator.
   (b) For purposes of this section, "drayage truck operator" means
the driver of, or any person, party, or entity that controls the
operation of, any in-use on-road vehicle with a gross vehicle weight
rating greater than 33,000 pounds operating on or transgressing
through port or intermodal rail yard property for the purpose of
loading, unloading, or transporting cargo, including containerized,
bulk, or break-bulk goods.
   (c) This section shall not be construed to deem a public agency
the employer of a drayage truck operator without the consent of the
public agency.
  SEC. 3.  The provisions of this act are severable. If any provision
of this act 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.