AB 327, as amended, Gordon. Public works: volunteers.
Existing law defines “public works,” for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill wouldbegin delete delete that repeal date provision, effectively
extendingend deletebegin insert extendend insert those provisionsbegin delete indefinitely.end deletebegin insert until January 1, 2024, at which date those provisions would be repealed.end insert The bill would also delete an obsolete provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1720.4 of the Labor Code is amended to
2read:
This chapter shall not apply to any of the following
4work:
5(a) Any work performed by a volunteer. For purposes of this
6section, “volunteer” means an individual who performs work for
7civic, charitable, or humanitarian reasons for a public agency or
8corporation qualified under Section 501(c)(3) of the Internal
9Revenue Code as a tax-exempt organization, without promise,
10expectation, or receipt of any compensation for work performed.
11(1) An individual shall be considered a volunteer only when his
12or her services are offered freely and without pressure and coercion,
13direct or implied, from an employer.
14(2) An individual may receive reasonable meals, lodging,
15transportation, and incidental expenses or nominal nonmonetary
16awards without losing volunteer status if, in the entire context of
17the situation, those benefits and payments are not a substitute form
18of compensation for work performed.
19(3) An individual shall not be considered a volunteer if the
20person is otherwise employed for compensation at any time (A)
21in the construction, alteration, demolition, installation, repair, or
22maintenance work on the same project, or (B) by a contractor,
23other than a corporation qualified under Section 501(c)(3) of the
24Internal Revenue Code as a tax-exempt organization, that receives
25payment to perform construction, alteration, demolition,
26installation, repair, or maintenance work on the same project.
27(b) Any work performed by a volunteer coordinator. For
28purposes of this section, “volunteer coordinator” means an
29individual paid by a corporation qualified under Section 501(c)(3)
30of the Internal Revenue Code as a tax-exempt organization, to
31oversee or supervise volunteers. An individual may be considered
32a volunteer coordinator even if the individual performs some
33nonsupervisory work on a project alongside the volunteers, so long
34as the individual’s primary responsibility on the project is to
35oversee or supervise the volunteers rather than to perform
36nonsupervisory work.
37(c) Any work performed by the California Conservation Corps
38or by Community Conservation Corps certified by the California
P3 1Conservation Corps pursuant to Section 14507.5 of the Public
2Resources Code.
3(d) This section shall remain in effect only until January 1, 2024,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2024, deletes or extends that date.
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