Today's Law As Amended

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AB-508 Displaced public transit, solid waste handling, and recycling services employees.(2011-2012)



SECTION 1.

 Section 1070 of the Labor Code is amended to read:

1070.
 The Legislature finds and declares all of the following:
(a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste  transit, solid waste handling, or recycling services  award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste  rail, solid waste handling, or recycling services  to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result.
(b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers.
(c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste  for public transit, solid waste handling, or recycling services contracts  to retain qualified employees of the prior contractor to perform the same or similar work.

SEC. 2.

 Section 1071 of the Labor Code is amended to read:

1071.
 The following definitions apply to throughout  this chapter:
(a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste  transit, solid waste handling, or recycling services  performed within the State of California.
(b) “Bidder” means any person who submits a bid to an awarding authority agency  for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a  transit, solid waste handling, or recycling services contract or  subcontract.
(c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste  transit, solid waste handling, or recycling services contract  with an awarding authority.
(d) “Employee” means any individual person  who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)).
(e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service.
(g) “Recycling” has the same meaning as that term is defined in Section 40180 of the Public Resources Code.
(g) (h)  “Service contract” means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste  transit, solid waste handling, or recycling services  through the use of service  employees.
(h) (i)  “Solid waste”  waste handling”  has the same meaning as that term is  defined in Section 40191 40195  of the Public Resources Code.
(i) (j)  “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under  assist the contractor in performing  a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers. 
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.