BILL NUMBER: AB 500	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2015

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.  Drug and alcohol
rehabilitation programs: independent contractors.  
Independent contractors: substance abuse rehabilitation programs:
convictions.  
   Existing law defines the term "independent contractor" for certain
employment purposes.  
   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.  
   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.  
   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. 
   This bill would  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,   authorize a private employer, including a
nonprofit entity, to deem a person an independent contractor, 
for a period not to exceed 2 years from the date of   
successful  completion of  the   a
substance abuse  rehabilitation program  , 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  .
   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  person may be
deemed an independent contractor for all state purposes, 
 private employer, including a nonprofit entity, may deem a
person an independent contractor,  for a period not to exceed
two years from the date of  successful  completion of a
 drug or alcohol rehabilitation program, if all of the
following apply: 
    (1)     The 
 substance abuse rehabilitation program if the  person has
been convicted of a  felony   felony, except a
violent felony, or a misdemeanor  for an offense involving
substance abuse. 
   (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. 
   (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.