BILL NUMBER: AB 946	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 26, 2009

   An act to amend Section 201.3 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 946, as introduced, Salas. Employment: temporary service
employee wages.
   Existing law requires that an employee of a temporary services
employer, as defined, be paid weekly. Existing law requires that an
employee of a temporary services employer be paid at the end of the
workday if the employee is assigned to a client of the temporary
service employer, as defined, on a day-to-day basis or if the
employee is assigned to a client engaged in a trade dispute. Existing
law provides that these pay requirements do not apply to an employee
of a temporary service employer who is assigned to a client for over
90 consecutive calendar days unless the temporary service employer
pays the employee weekly.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 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  to be
 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   mean
 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) 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   the  employee's wages
are due and payable  no   not  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.
   (2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis,  that 
 the  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   at
another  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   another  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
  the  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,  the employee's 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,  the employee's  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.