BILL NUMBER: AB 1533	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

    An act to amend Section 200 of the Labor Code, relating
to employment.   An act relating to state employees.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1533, as amended, Lieu.  Employment: compensation.
  State employees: memoranda of understanding. 

   Existing law provides that a provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees that
requires the expenditure of funds does not become effective unless
approved by the Legislature in the annual Budget Act.  
   This bill would approve provisions of memorandum of understanding
entered into between the state employer and State Bargaining Unit 16
that require the expenditure of funds, and would provide that these
provisions will become effective even if these provisions are
approved by the Legislature in legislation other than the annual
Budget Act.  
   The bill would provide that provisions of the memorandum of
understanding approved by this bill that require the expenditure of
funds will not take effect unless funds for those provisions are
specifically appropriated by the Legislature, and would require the
state employer and the affected employee organization to meet and
confer to renegotiate the affected provisions if funds for those
provisions are not specifically appropriated by the Legislature.
 
   Existing law requires employers to pay, as specified, wages earned
by their employees and defines the terms "wages" and "labor" for
those purposes.  
   This bill would make nonsubstantive changes to this definitional
provision and declare the Legislature's intent to enact legislation
to address the underground economy. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares that
the purpose of this act is to approve an agreement pursuant to
Section 3517.5 of the Government Code entered into by the state
employer and State Bargaining Unit 16. 
   SEC. 2.    The provisions of the memorandum of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining Unit
16, and that require the expenditure of funds are hereby approved
for the purposes of subdivision (b) of Section 3517.6 of the
Government Code. 
   SEC. 3.    The provisions of the memorandum of
understanding approved by Section 2 of this act that require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If funds
for these provisions are not specifically appropriated by the
Legislature, the state employer and the affected employee
organization shall meet and confer to renegotiate the affected
provisions. 
   SEC. 4.    Notwithstanding Section 3517.6 of the
Government Code, the provisions of the memorandum of understanding
included in Section 2 that require the expenditure of funds shall
become effective even if the provisions of the memorandum of
understanding are approved by the Legislature in legislation other
than the annual Budget Act.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to address the underground economy. 

  SEC. 2.    Section 200 of the Labor Code is
amended to read:
   200.  The following definitions apply for purposes of this
article:
   (a) "Wages" includes all amounts for labor performed by employees
of every description, whether the amount is fixed or ascertained by
the standard of time, task, piece, commission basis, or other method
of calculation.
   (b) "Labor" includes labor, work, or service whether rendered or
performed under contract, subcontract, partnership, station plan, or
other agreement if the labor to be paid for is performed personally
by the person demanding payment.