BILL NUMBER: AB 500	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2015
	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. 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  , notwithstanding any other law, for all state
purposes,  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  hire after 
successful completion of a  substance abuse  
drug   or alcohol  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.   if the person has no history of
violent felony convictions and meets any of 4 specified criteria.

   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,  for all state
purposes,  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  hire after  successful
completion of a  substance abuse rehabilitation program
  drug or alcohol rehabilitation program, and  if
the person  has been convicted of a felony, except a violent
felony, or a misdemeanor for an offense involving substance abuse.
  has no history of violent felony convictions and if
any of the following apply:  
   (1) The person has a prior conviction of a 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 a licensed alcohol or substance abuse
rehabilitation program.  
   (4) The person has been referred by a substance abuse
rehabilitation nonprofit organization for workforce training. 
   (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.