Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1508

Introduced by begin delete Committee on Labor and Employment end delete begin insert Assembly Member Roger  end insert begin insert Hernández end insert begin delete (Assembly Members Roger Hernández (Chair), Chu, Low, end delete begin delete McCarty, and Thurmond) end delete

March 4, 2015

An act to begin delete amend Section 554 of the Labor Code, relating to working hours. end delete begin insert to add Article 3.5 (commencing with Section 12035) of Chapter 1 of Part 2 of Division 3 of Title 2 of, and to repeal the heading of Article 3.5 (commencing with Section 12035) of Chapter 1 of Part 2 of Division 3 of Title 2 of, the Government Code, relating to the underground economy. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1508, as amended, begin delete Committee on Labor and Employment end delete   begin insert Assembly Member Roger  Hernández end insert . begin delete Working hours. end delete begin insert Underground economy: policy adviser. end insert

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The Joint Enforcement Strike Force on the Underground Economy, created pursuant to executive order, includes the Employment Development Department, the Department of Consumer Affairs, the Department of Industrial Relations, the Department of Insurance, and the Office of Criminal Justice Planning. Existing law prescribes the duties of the strike force, which include facilitating and encourage the development and sharing of information by the participating agencies necessary to combat the underground economy.

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This bill would require the Governor to designate an independent chief policy adviser for the underground economy. The bill would prescribe the adviser’s duties, which would include monitoring the state’s existing underground economy task forces and interagency partnerships to ensure that they are organized efficiently and evaluating whether any task forces and partnerships should be eliminated or restructured to improve effectiveness. The bill would require the adviser, on or before January 1, 2017, to submit a report to the Governor and the Legislature that summarizes the adviser’s findings and recommendations, with a focus on recommended administrative or legislative changes.

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Existing law generally entitles employees to one day’s rest in 7 and prohibits an employer from causing his or her employees to work more than 6 days in 7. Existing law prescribes exceptions from these restrictions, including in a case of emergency and when work is performed in the protection of life or property from loss or destruction. Existing law also permits an accumulation of days of rest if the employment reasonably requires that the employee work 7 or more consecutive days.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The heading of Article 3.5 (commencing with
Section 12035) of Chapter 1 of Part 2 of Division 3 of Title 2 of
the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

 

Article 3.5.  Intergovernmental Cooperation

 

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 3.5 (commencing with Section 12035) is added
to Chapter 1 of Part 2 of Division 3 of Title 2 of the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3.5. end insert   The Underground Economy

 

begin insert 12035. end insert   

(a) The Governor shall designate an independent chief
policy adviser for the underground economy.

(b) The adviser’s responsibilities shall include, but not be limited
to, the following:

(1) Monitoring the state’s existing underground economy task
forces and interagency partnerships to ensure that they are
organized efficiently.

(2) Evaluating whether any task forces and partnerships should
be eliminated or restructured to improve effectiveness.

(3) Evaluating whether existing task forces and partnerships
have sufficient resources and whether gaps or overlaps exist in
combating the underground economy.

(4) Reviewing enforcement staffing and funding levels and
developing recommendations to adequately fund enforcement.

(5) Developing recommendations to eliminate barriers that
prevent task forces and partnerships from being fully effective.

(6) Leading a strategic planning process to develop performance
outcomes for combating the underground economy.

(c) (1) On or before than January 1, 2017, the adviser shall
submit a report to the Governor and the Legislature that
summarizes the adviser’s findings and recommendations, with a
particular emphasis on any recommended administrative or
legislative changes.

(2) The report to be submitted pursuant to paragraph (1) shall
be submitted in compliance with Section 9795.

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SECTION 1.  

Section 554 of the Labor Code is amended to
read:

554.  

(a) Sections 551 and 552 do not apply to a case of
emergency nor to work performed in the protection of life or
property from loss or destruction, nor to a common carrier engaged
in, or connected with, the movement of trains. This chapter, with
the exception of Section 558, does not apply to a person employed
in an agricultural occupation, as defined in Order No. 14-80
(operative January 1, 1998) of the Industrial Welfare Commission.
This chapter shall not be construed to prevent an accumulation of
days of rest when the nature of the employment reasonably requires
that the employee work seven or more consecutive days, if in each
calendar month the employee receives days of rest equivalent to
one day’s rest in seven. The requirement respecting the equivalent
of one day’s rest in seven shall apply, notwithstanding the other
provisions of this chapter relating to collective bargaining
agreements, if the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement respecting the hours of work of the
employees, unless the agreement expressly provides otherwise.

(b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may,
when in his or her judgment hardship will result, exempt an
employer or employee from Sections 551 and 552.

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