BILL NUMBER: AB 1311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Cooper
FEBRUARY 27, 2015
An act to amend Section 49380 of the Education Code,
relating to pupil safety. Section 201.3 of the Labor
Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1311, as amended, Cooper. Pupil safety: sexual abuse
and sex trafficking prevention education. Temporary
services employees: wages.
Existing law generally requires that an employee of a temporary
services employer, as defined, be paid weekly. Existing law provides
that a violation of these provisions is punishable as a misdemeanor.
This bill would, with certain exceptions, make the weekly pay
requirement applicable to a security guard employed by a private
patrol operator who is a temporary services employer, as provided.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by
this act for a specified reason.
Existing law authorizes a school district to provide sexual abuse
and sex trafficking prevention education, as defined, encourages
school districts to collaborate with outside consultants, including
law enforcement, with expertise in sexual abuse and sex trafficking
prevention education in order to create school safety plans to
address those threats, and authorizes in-service training to be
conducted periodically, as provided.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 201.3 of the Labor
Code is amended to read:
201.3. (a) For purposes of this section, the following
definitions apply:
(1) "Temporary services employer" means an employing unit that
contracts with clients or customers to supply workers to perform
services for the clients or customers and that performs all of the
following functions:
(A) Negotiates with clients and customers for matters such as the
time and place where the services are to be provided, the type of
work, the working conditions, and the quality and price of the
services.
(B) Determines assignments or reassignments of workers, even if
workers retain the right to refuse specific assignments.
(C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined unacceptable
by a specific client or customer.
(D) Assigns or reassigns workers to perform services for clients
or customers.
(E) Sets the rate of pay of workers, whether or not through
negotiation.
(F) Pays workers from its own account or accounts.
(G) Retains the right to hire and terminate workers.
(2) "Temporary services employer" does not include any of the
following:
(A) A bona fide nonprofit organization that provides temporary
service employees to clients.
(B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.
(C) A garment manufacturing employer, which, for purposes of this
section, has the same meaning as "contractor," as defined in
subdivision (d) of Section 2671.
(3) "Employing unit" has the same meaning as defined in Section
135 of the Unemployment Insurance Code.
(4) "Client" and "customer" means the person with whom a temporary
services employer has a contractual relationship to provide the
services of one or more individuals employed by the temporary
services employer.
(b) (1) (A) Except as provided in paragraphs
(2) to (5), inclusive, if an employee of a temporary services
employer is assigned to work for a client, that employee's wages are
due and payable no less frequently than weekly, regardless of when
the assignment ends, and wages for work performed during any calendar
week shall be due and payable not later than the regular payday of
the following calendar week. A temporary services employer shall be
deemed to have timely paid wages upon completion of an assignment if
wages are paid in compliance with this subdivision.
(B) Except as provided in paragraphs (2) to (5), inclusive, if an
employee of a temporary services employer in the security services
industry is a security guard who is registered pursuant to Chapter
11.5 (commencing with Section 7580) of Division 3 of the Business and
Professions Code, is employed by a private patrol operator licensed
pursuant to that chapter, and is assigned to work for a client, that
employee's wages are due and payable no less frequently than weekly,
regardless of when the assignment ends, and wages for work performed
during any workweek, as defined under Section 500, shall be due and
payable not later than the regular payday of the following workweek.
(2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis, that employee's wages are
due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:
(A) The employee reports to or assembles at the office of the
temporary services employer or other location.
(B) The employee is dispatched to a client's worksite each day and
returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.
(C) The employee's work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.
(3) If an employee of a temporary services employer is assigned to
work for a client engaged in a trade dispute, that employee's wages
are due and payable at the end of each day, regardless of when the
assignment ends.
(4) If an employee of a temporary services employer is assigned to
work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as provided
in Section 201.
(5) If an employee of a temporary services employer is assigned to
work for a client and quits his or her employment with the temporary
services employer, wages are due and payable as provided in Section
202.
(6) If an employee of a temporary services employer is assigned to
work for a client for over 90 consecutive calendar days, this
section shall not apply unless the temporary services employer pays
the employee weekly in compliance with paragraph (1) of subdivision
(b).
(c) A temporary services employer who violates this section shall
be subject to the civil penalties provided for in Section 203, and to
any other penalties available at law.
(d) Nothing in this section shall be interpreted to limit any
rights or remedies otherwise available under state or federal law.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 49380 of the Education Code
is amended to read:
49380. (a) A school district is encouraged to collaborate with
outside consultants, including law enforcement, with expertise in
sexual abuse and sex trafficking prevention education in order to
create a school safety plan to address the threats of sexual abuse
and sex trafficking.
(b) A school district is encouraged to collaborate with law
enforcement on a referral protocol for high-risk pupils and minors.
(c) In-service training may be conducted periodically in order to
enable school district personnel to learn about new developments in
the understanding of sexual abuse and sex trafficking, and to receive
instruction on current prevention efforts and methods. A school
district is encouraged to include training on early identification of
sexual abuse and sex trafficking of pupils and minors.