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AB-394 Employment regulation: volunteers.(2011-2012)

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AB394:v97#DOCUMENT

Amended  IN  Assembly  January 04, 2012
Amended  IN  Assembly  March 16, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 394


Introduced  by  Assembly Member Silva

February 14, 2011


An act to add Chapter 0.5 (commencing with Section 1170) to Part 4 of Division 2 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 394, as amended, Silva. Employment regulation: volunteers.
Existing law prescribes wages, hours, and working conditions for all employees in the state, not including any individual employed as an outside salesman or participating in a national service program, as specified. Existing law provides a system for the imposition of criminal and civil sanctions against a person violating statutes and regulations of the state relating to the employment of minors, as defined, in various activities and occupations. Existing law prescribes the maximum number of hours per day and per week that an employer may employ a minor.
This bill would exempt an individual who renders services as a volunteer, as defined, from those provisions. The bill would define the term “volunteer” for those purposes as an individual who, without promise or expectation of compensation, but solely for his or her personal purpose or pleasure, performs work for an organization that is exempt from taxation pursuant to a specified provision of federal law or for a resource conservation district formed pursuant to specified state statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 0.5 (commencing with Section 1170) is added to Part 4 of Division 2 of the Labor Code, to read:
CHAPTER  0.5. General Provisions

1170.
 (a) This part does not apply to an individual who renders services as a volunteer.
(b) For purposes of this part, “volunteer” means an individual who, without promise or expectation of compensation, but solely for his or her personal purpose or pleasure, performs work for an organization that is exempt from taxation pursuant to Section 501(c) of the United States Internal Revenue Code (26 U.S.C. Sec. 501(c)) or for a resource conservation district formed pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.
(1) An individual shall be considered a volunteer for purposes of this part only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer.
(2) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status for purposes of this part if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(3) An individual shall not be considered a volunteer for purposes of this part if he or she is otherwise employed for compensation for performing the same or similar services either by the organization for which the volunteer services are performed or by a subsidiary or affiliated entity.