AB 472, as introduced, Harper. Public works: prevailing wage: volunteers.
Existing law generally requires the payment of not less than the prevailing rate of per diem wages for work of a similar character in the locality in which the public work, as defined, is performed by workers employed on public works projects, except for public works projects of $1,000 or less, or except for any work performed, on or after January 1, 2002, and until January 1, 2017, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a Community Conservation Corps.
This bill would make a nonsubstantive, technical change by deleting 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:
(a) This chapter shall not apply to any of the following
4work:
P2 1(1) Any work performed by a volunteer. For purposes of this
2section, “volunteer” means an individual who performs work for
3civic, charitable, or humanitarian reasons for a public agency or
4corporation qualified under Section 501(c)(3) of the Internal
5Revenue Code as a tax-exempt organization, without promise,
6expectation, or receipt of any compensation for work performed.
7(A) An individual shall be considered a volunteer only when
8his or her services are offered freely and without pressure and
9coercion, direct or implied, from an employer.
10(B) An individual may receive
reasonable meals, lodging,
11transportation, and incidental expenses or nominal nonmonetary
12awards without losing volunteer status if, in the entire context of
13the situation, those benefits and payments are not a substitute form
14of compensation for work performed.
15(C) An individual shall not be considered a volunteer if the
16person is otherwise employed for compensation at any time (i) in
17the construction, alteration, demolition, installation, repair, or
18maintenance work on the same project, or (ii) by a contractor, other
19than a corporation qualified under Section 501(c)(3) of the Internal
20Revenue Code as a tax-exempt organization, that receives payment
21to perform construction, alteration, demolition, installation, repair,
22or maintenance work on the same project.
23(2) Any work performed by a volunteer coordinator. For
24purposes of this section, “volunteer coordinator” means an
25
individual paid by a corporation qualified under Section 501(c)(3)
26of the Internal Revenue Code as a tax-exempt organization, to
27oversee or supervise volunteers. An individual may be considered
28a volunteer coordinator even if the individual performs some
29nonsupervisory work on a project alongside the volunteers, so long
30as the individual’s primary responsibility on the project is to
31oversee or supervise the volunteers rather than to perform
32nonsupervisory work.
33(3) Any work performed by the California Conservation Corps
34or by Community Conservation Corps certified by the California
35Conservation Corps pursuant to Section 14507.5 of the Public
36Resources Code.
37(b) This section shall apply retroactively to otherwise covered
38work concluded on or after January 1, 2002, to the extent permitted
39by law.
40(c)
end delete
P3 1begin insert(end insertbegin insertb)end insert This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, which
3is enacted before January 1, 2017, deletes or extends that date.
O
99