AB 323

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jan 23, 2020
  • Passed Senate Aug 30, 2020
  • Signed by Governor Sep 30, 2020

Newspapers: state agency advertising: worker status: independent contractors.

Abstract

(1) Existing law sets out the various responsibilities of the Department of General Services and state agencies in overseeing and implementing state contracting procedures and policies. Existing law also provides that whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, the publication is required to be made only in a newspaper of general circulation, as specified. This bill would require the department to publish, on the department's internet website, an annual report by July 1 of each year containing specified information relating to payments for placement of marketing or outreach advertising material by each state agency. The bill would provide that these provisions are not intended to amend any of the above-described provisions relating to required publications of official advertising, notices, resolutions, orders, or other matters. The bill would make these provisions inoperative on July 1, 2023. (2) Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. This test is commonly known as the "ABC" test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of Dynamex and the provisions described above. These exemptions include a temporary exemption for newspaper distributors working under contract with a newspaper publisher, and newspaper carriers working under contract either with a newspaper publisher or newspaper distributor, as those terms are defined, until January 1, 2021. This bill would expand the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. The bill would extend the exemption period to January 1, 2022. (3) This bill would incorporate the changes to Section 2750.3 of the Labor Code proposed by this bill to Section 2783 of the Labor Code, as proposed to be added by AB 2257, to be operative only if this bill and AB 2257 are enacted and this bill is enacted last.

Bill Sponsors (39)

Blanca Rubio

     
Author

Allen

     
Coauthor

Rubio

     
Coauthor

Votes


Actions


Sep 30, 2020

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 341, Statutes of 2020.

Sep 14, 2020

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 31, 2020

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 4. Page 5430.).

Aug 30, 2020

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Assembly

In Assembly. Concurrence in Senate amendments pending.

Aug 28, 2020

Senate

Read second time. Ordered to third reading.

Aug 27, 2020

Senate

Read third time and amended. Ordered to second reading.

Aug 26, 2020

Senate

Read second time. Ordered to third reading.

Aug 25, 2020

Senate

Read third time and amended. Ordered to second reading.

Aug 24, 2020

Senate

Read second time. Ordered to third reading.

Aug 20, 2020

Senate

From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 20).

Senate

Read second time and amended. Ordered returned to second reading.

Aug 17, 2020

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 12, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 11). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Aug 10, 2020

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Senate

Joint Rule 62(a), file notice suspended. (Ayes 22. Noes 6. Page 4130.)

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on L., P.E. & R.

  • Referral-Committee
Com. on L., P.E. & R.

Aug 07, 2020

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on G.O.

Jun 23, 2020

Senate

Referred to Com. on G.O.

  • Referral-Committee
Com. on G.O.

Jan 23, 2020

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 3865.)

Jan 13, 2020

Assembly

Withdrawn from committee.

Assembly

Ordered to third reading.

Assembly

Assembly Rule 96 suspended. (Page 3787.)

May 02, 2019

Assembly

Re-referred to Com. on BUDGET. pursuant to Assembly Rule 97.

  • Referral-Committee
Com. on BUDGET. pursuant to Assembly Rule 97.

Apr 30, 2019

Assembly

Read second time. Ordered to third reading.

Apr 29, 2019

Assembly

From committee: Do pass. (Ayes 28. Noes 0.) (April 29).

Apr 03, 2019

Assembly

Re-referred to Com. on BUDGET.

  • Referral-Committee
Com. on BUDGET.

Apr 02, 2019

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

Mar 28, 2019

Assembly

Referred to Com. on BUDGET.

  • Referral-Committee
Com. on BUDGET.

Jan 31, 2019

Assembly

From printer. May be heard in committee March 2.

Jan 30, 2019

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB323 HTML
01/30/19 - Introduced PDF
04/02/19 - Amended Assembly PDF
08/07/20 - Amended Senate PDF
08/20/20 - Amended Senate PDF
08/25/20 - Amended Senate PDF
08/27/20 - Amended Senate PDF
09/04/20 - Enrolled PDF
09/30/20 - Chaptered PDF

Related Documents

Document Format
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Sources

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