Amended in Senate May 9, 2013

Amended in Senate April 9, 2013

Senate Bill No. 556

Introduced by Senator Corbett

February 22, 2013

An act to begin delete amend end delete begin insert add end insert Section 2810.7 begin delete of end delete begin insert to end insert the Labor Code, relating to agency.

LEGISLATIVE COUNSEL’S DIGEST

SB 556, as amended, Corbett. Agency: ostensible.

Existing law specifies the authority of agents in dealing with 3rd persons. Existing law states when an agency is ostensible for purposes of determining the authority of an agent.

This bill would begin delete provide that end delete begin insert , with certain exceptions, make end insert a person or entity that enters into a contract or agreement for labor or services with a contractor begin delete is end delete liable for any damages caused by the contractor or the contractor’s employee for work performed under the contract if, at the time of the damage begin insert or injury end insert , certain circumstances existed that would cause a member of the public to believe that the contractor or the contractor’s employee was an agent of the person or entity. begin insert This section would only apply to contracts entered into on o end insert begin insert r after January 1, 2014. end insert

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.  

Section 2810.7 is added to the Labor Code, to
read:

2810.7.  

begin delete A end delete begin insert Except for damage or injury resulting from gross
negligence or a willful act, a end insert person or entity that enters into a
contract or agreement for labor or services with a contractor shall
be liable for any damages caused by the contractor or the
contractor’s employee for work performed under the contract if,
at the time of the damage begin insert or injury end insert , either of the following
occurred:

(a) The contractor or contractor’s employee begin delete wore end delete begin insert was authorized
or required by the person or entity to wear end insert a uniform that is
substantially similar to the uniform of the person or entity so as to
cause a member of the public to believe that the contractor or
contractor’s employee was an agent of the person or entity.

(b) The contractor or contractor’s employee operated a vehicle
begin delete with end delete begin insert that was authorized or required by the person or entity to
display end insert the logo of the person or entity and the vehicle had an
appearance that would cause a member of the public to believe
that the contractor or contractor’s employee was an agent of the
person or entity.

begin insert

(c) This section shall only apply to contracts entered into on or
after January 1, 2014.

end insert