AB 500, as amended, Waldron. Independent contractors: substance abuse rehabilitation programs: convictions.
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 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 a
begin delete substance abuseend delete
rehabilitation program, begin delete 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 delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30 is added to the Labor Code, to read:
(a) Notwithstanding any other law,
3 a private employer, including a nonprofit entity, may deem a person
4an independent contractor, for a period not to exceed two years
5from the date of successful completion of a
begin delete substance if the person
6abuse rehabilitation programend delete
begin delete has been convicted of a felony, except
8a violent felony, or a misdemeanor for an offense involving
9substance abuse.end delete
21(b) Nothing in this section shall prohibit a private employer, at
22the employer’s discretion, from employing a person described in
23subdivision (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