BILL ANALYSIS �
AB 1855
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CONCURRENCE IN SENATE AMENDMENTS
AB 1855 (Torres)
As Amended August 16, 2012
Majority vote
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|ASSEMBLY: |52-23|(May 31, 2012) |SENATE: |25-13|(August 21, |
| | | | | |2012) |
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Original Committee Reference: L. & E.
SUMMARY : Extends existing law related to liability for
financially-insufficient contracts to the warehouse industry,
and makes other related changes to existing law.
The Senate amendments specify that documents obtained by the
Labor Commissioner pursuant to this bill are exempt from
disclosure under the California Public Records Act.
EXISTING LAW :
1 Prohibits a person or entity from entering into a contract or
agreement for labor or services with a construction, farm
labor, garment, janitorial, or security guard contractor where
the person or entity knows or should know that the contract or
agreement does not include funds sufficient to allow the
contractor to comply with applicable laws governing the labor
or service to be provided.
2)Establishes a rebuttable presumption that there has been no
violation of the law where the contract or agreement is in
writing and meets specified conditions.
3)Authorizes an aggrieved employee to bring an action to recover
the greater of his or her actual damages or $250 per employee
per violation for an initial violation and $1,000 per employee
for each subsequent violation, in addition to injunctive
relief.
AS PASSED BY THE ASSEMBLY , this bill:
1)Extended provisions of current law related to liability for
financially-insufficient contracts to the warehouse industry
(in addition to the industries covered under existing law).
AB 1855
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2)Defined "warehouse" to mean a facility whose primary operation
is the storage or distribution of general merchandise,
refrigerated goods, or other products.
3)Provided that, upon request of the Labor Commissioner, any
person or entity who enters into a contract or labor or
services shall provide the relevant provisions of the contract
or other documentation to the Labor Commissioner, as
specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : This bill adds the "warehouse" industry to Labor
Code Section 2810, existing law which relates to liability for
individuals who enter into contracts for labor or services in
five specified industries that do not include funds sufficient
to comply with labor laws.
Senate Bill 179 (Alarcon), Chapter 908, Statutes of 2003,
enacted Labor Code Section 2810, which prohibits a person or
entity from entering into a contract or agreement for labor or
services with a construction, farm labor, garment, janitorial,
or security guard contractor where the person or entity knows or
should know that the contract or agreement does not include
funds sufficient to allow the contractor to comply with
applicable laws governing the labor or service to be provided.
At the time, the author and supporters of the bill argued that
the legislation was necessary to protect workers and law-abiding
employers from employers and contractors that knowingly enter
into contracts and agreements that are financially inadequate to
permit compliance with applicable laws. The purpose of this
bill was to establish state policy regarding financially
insufficient contracts in industries most associated with the
underground economy.
In recent years, some workers and worker advocates have noticed
an increase in the number of employers who are moving away from
a traditional employment model towards a business model that
utilizes "subcontracted" or "contingent" workers. Much recent
attention has focused on one industry in particular: the
warehouse and logistics industry, especially in the Inland
Empire region of Southern California.
AB 1855
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On February 15, 2012, the Assembly Labor and Employment
Committee conducted an informational hearing entitled,
"Confronting the Challenges of a Subcontracted Economy: The
Experience of Warehouse Workers in the Logistics Industry as a
Case Study." The hearing explored the overall issue of whether
an employment model that relies heavily upon a "subcontracted"
workforce results in a situation in which workers' rights are
adequately protected, and whether enforcement agencies are able
to adequately enforce existing law to hold responsible parties
accountable. The hearing focused primarily on the warehouse
industry as a case study that has garnered recent attention.
The hearing also examined whether state policy adequately
addresses the situation or whether policymakers should consider
additional regulatory or statutory changes.
Supporters of this bill argue that this bill is aimed at
establishing accountability in the warehouse industry. These
can and should be good jobs that help us rebuild a middle class
in this state. This bill will help us eliminate the underground
economy within this industry by prohibiting financially
insufficient contracts. This levels the playing field for the
many companies that follow the law and gives hope to these
workers of a better life.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005104