AB 500,
as amended, Waldron. begin deleteIndependent contractors: substance abuse rehabilitation programs: convictions. end deletebegin insertWorkforce Apprenticeship Grant Program.end 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.begin delete Existing law makes it unlawful for any person or employer to willfully misclassify an individual as an independent contractor.end delete
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.
Thisbegin delete bill,end deletebegin insert bill would establish the Workforce Apprenticeship Grant Program to be administered by the Labor and Workforce Development Agency. The bill,end insert notwithstanding any other law, for all state purposes, would authorize a private employer, including a nonprofit entity, tobegin delete deem a person an independent contractorend delete,begin insert end insertbegin insertparticipate in the grant program by hiring,end insert for a period not to exceed 2 years from the date ofbegin delete hire after successful completion ofend deletebegin insert hire, a person who successfully completedend insert a drug or alcohol rehabilitation program, if the person hasbegin insert been referred to a substance abuse rehabilitation nonprofit or has completed a sentence for conviction of a felony, except a violent felony, or a misdemeanor for an offense involving substance abuse, hasend insert no history of violent felony convictions and meets any of 4 specified criteria.
The bill would authorize a county department of social services to apply to the grant program to enter into agreements with nonprofits and businesses to hire persons who are eligible for the program.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertIt is the intent of the Legislature to enact a paid
2work grant program, titled the Workforce Apprenticeship Grant
3Program, for the purpose of rehabilitating persons who have
4completed a state-recognized substance abuse program.end insert
Section 30 is added to the Labor Code, to read:
(a) Notwithstanding any other law, for all state purposes,
8a private employer, including a nonprofit entity,begin delete may deem a person
9an independent contractor, for a period not to exceed two years
10from the date of hire after successful completion of a drug or
11alcohol rehabilitation program, and if the person
has no history of
12violent felony convictions and if any of the following apply:end delete
13participate in the Workforce Apprenticeship Grant Program by
14hiring, for a period not to exceed two years from the date of hire,
15a person who successfully completed a licensed drug or alcohol
16rehabilitation program, if that person has been referred to a
17substance abuse rehabilitation nonprofit or has completed a
P3 1sentence for conviction of a felony, except a violent felony, or a
2misdemeanor for an offense involving substance abuse, has no
3history of violent felony convictions, and any of the following
4apply:end insert
5(1) The person has a prior conviction of a felony, except a
6violent felony, or a misdemeanor for an offense involving substance
7abuse.
8(2) The person has been released to postrelease community
9supervision.
10(3) While subject to postrelease community supervision, the
11person successfully completes a licensed alcohol or substance
12abuse rehabilitation program.
13(4) The person has been referred by a substance abuse
14rehabilitation nonprofit organization for workforce training.
15(b) (1) The Workforce Apprenticeship Grant Program is hereby
16established. A county department of social services may apply to
17the grant program, which shall be administered by the Labor and
18Workforce Development Agency. The goal of the Workforce
19Apprenticeship Grant Program is to provide persons described in
20subdivision
(a) an opportunity gain real world work experience
21to transition into the workforce.
22(2) Upon appropriation by the Legislature, the sum of three
23million dollars ($3,000,000) shall be made available from the
24General Fund to the Labor and Workforce Development Agency
25to provide grants to counties that would enter into agreements
26with nonprofits and businesses to hire persons described in
27subdivision (a). Criteria for case management and eligibility shall
28be established by the Labor and Workforce Development Agency.
29Employers shall cover salary costs and meet federal requirements.
30The grant moneys shall cover employee administration, including,
31but not limited to, employee benefits.
32(b)
end delete
33begin insert(c)end insert Nothing in this section shall prohibit a private employer, at
34the employer’s discretion, from employing a person described in
35subdivision (a) as an employee.
P3 1 36(c)
end delete
P4 1begin insert(d)end insert Nothing in this section shall prohibit the person from
2obtaining union membership during the term of the rehabilitation
3program.
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