Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 deleteDrug and alcohol rehabilitation programs: independent contractors. end deletebegin insertIndependent 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 wouldbegin 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 deletebegin 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 ofbegin insert end insertbegin insertsuccessfulend insert completion ofbegin delete theend deletebegin insert a substance abuseend insert rehabilitation programbegin 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 abuseend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 30 is added to the Labor Code, to read:

2

30.  

(a) Notwithstanding any other law, abegin delete person may be
3deemed an independent contractor for all state purposes,end delete
begin insert private
4employer, including a nonprofit entity, may deem a person an
5independent contractor,end insert
for a period not to exceed two years from
6the date ofbegin insert successfulend insert completion of a begin deletedrug or alcohol rehabilitation
7program, if all of the following apply:end delete

8begin delete(1)end deletebegin deleteend deletebegin deleteThe end deletebegin insertsubstance abuse rehabilitation program if the end insertperson
9has been convicted of abegin delete felonyend deletebegin insert felony, except a violent felony, or
10a misdemeanorend insert
for an offense involving substance abuse.

begin delete

11(2) The person has been released to postrelease community
12supervision.

13(3) While subject to postrelease community supervision, the
14person successfully completes an alcohol or substance abuse
15rehabilitation program that is approved or licensed by the state.

16(4) The person is hired by a private employer, which may
17include a nonprofit entity.

18(5) The person has no convictions for a violent felony.

end delete

19(b) Nothing in this section shall prohibit a private employer, at
20the employer’s discretion, from employing a person described in
21subdivision (a) as an employee.

P3    1(c) Nothing in this section shall prohibit the person from
2obtaining union membership during the term of the rehabilitation
3program.



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