Amended in Assembly April 29, 2015

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. 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 begin insert , notwithstanding any other law, for all state purposes, end insert 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 begin insert hire after end insert successful completion of a begin delete substance abuse end delete begin insert drug or alcohol end insert 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 begin insert if the person has no history of violent felony convictions and meets any of 4 specified criteria. 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, begin insert for all state purposes, end insert
a 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 begin insert hire after end insert successful completion of a begin delete substance
abuse rehabilitation program end delete begin insert drug or alcohol rehabilitation
program, and end insert if the person begin delete has been convicted of a felony, except
a violent felony, or a misdemeanor for an offense involving
substance abuse. end delete begin insert has no history of violent felony convictions and
if any of the following apply: end insert

begin insert

(1) The person has a prior conviction of a felony, except a
violent felony, or a misdemeanor for an offense involving substance
abuse.

end insert begin insert

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

end insert begin insert

(3) While subject to postrelease community supervision, the
person successfully completes a licensed alcohol or substance
abuse rehabilitation program.

end insert begin insert

(4) The person has been referred by a substance abuse
rehabilitation nonprofit organization for workforce training.

end insert

(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.