Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 500

Introduced by Assembly Member Waldron

February 23, 2015

An act to add Section 30 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 500, as amended, Waldron. begin delete Drug and alcohol rehabilitation programs: independent contractors. end delete begin insert Independent contractors: substance abuse rehabilitation programs: convictions. end insert

begin delete

Existing law defines the term “independent contractor” for certain employment purposes.

end delete begin insert

Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. Existing law makes it unlawful for any person or employer to willfully misclassify an individual as an independent contractor.

end insert begin insert

Existing law prohibits an employer from asking an applicant for employment to disclose information concerning an arrest or detention that did not result in conviction or information concerning a conviction that has been judicially dismissed or ordered sealed, as provided.

end insert begin insert

Existing law requires every private employer regularly employing 25 or more employees to reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program provided that this reasonable accommodation does not impose an undue hardship on the employer. Existing law requires the employer to make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has enrolled in an alcohol or drug rehabilitation program.

end insert

This bill would begin delete provide that notwithstanding any other law, a person who has been convicted of a felony involving substance abuse, who has no violent felony convictions, who successfully completes an alcohol or substance abuse rehabilitation program that is approved or licensed by the state, and who is hired by a private employer, may be deemed an independent contractor for all state purposes, end delete begin insert authorize a private employer, including a nonprofit entity, to deem a person an independent contractor, end insert for a period not to exceed 2 years from the date of begin insert end insert begin insert successful end insert completion of begin delete the end delete begin insert a substance abuse end insert rehabilitation program begin insert , if the person has been convicted of a felony involving substance abuse, except a violent felony, or a misdemeanor for an offense involving substance abuse 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 30 is added to the Labor Code, to read:

30.  

(a) Notwithstanding any other law, a begin delete person may be
deemed an independent contractor for all state purposes, end delete begin insert private
employer, including a nonprofit entity, may deem a person an
independent contractor, end insert for a period not to exceed two years from
the date of begin insert successful end insert completion of a begin delete drug or alcohol rehabilitation
program, if all of the following apply: end delete

begin delete (1) end delete begin delete   end delete begin delete The end delete begin insert substance abuse rehabilitation program if the end insert person
has been convicted of a begin delete felony end delete begin insert felony, except a violent felony, or
a misdemeanor end insert for an offense involving substance abuse.

begin delete

(2) The person has been released to postrelease community
supervision.

(3) While subject to postrelease community supervision, the
person successfully completes an alcohol or substance abuse
rehabilitation program that is approved or licensed by the state.

(4) The person is hired by a private employer, which may
include a nonprofit entity.

(5) The person has no convictions for a violent felony.

end delete

(b) Nothing in this section shall prohibit a private employer, at
the employer’s discretion, from employing a person described in
subdivision (a) as an employee.

(c) Nothing in this section shall prohibit the person from
obtaining union membership during the term of the rehabilitation
program.