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AB-950 Employment: drayage truck operators.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 950

Introduced  by  Assembly Member John A. Pérez, Swanson

February 18, 2011

An act to add Section 2750.7 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 950, as introduced, John A. Pérez. Employment: drayage truck operators.
Existing law provides guidelines to determine whether a person who performs work for another pursuant to a contract is an employee or an independent contractor.
This bill would deem drayage truck operators as employees of those persons who arrange for or engage their services, with the exception of public agency employers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Nonemployee truck operators cannot freely report many safety concerns without fear of retaliation against them, as only employees enjoy thorough protection from retaliation.
(b) Nonemployee truck operators typically lack workers’ compensation insurance. Requiring workers’ compensation insurance would enhance safety as insurers would prompt hazard-prevention efforts by the businesses involved.
(c) Drayage driving involves a greater degree of public health and safety and worker health and safety concerns than other types of commercial driving due to the heavy weights, large loads, and frequent trips through neighborhoods, which are adversely impacted by truck pollution.

SEC. 2.

 Section 2750.7 is added to the Labor Code, to read:

2750.7.
 (a) Notwithstanding any other law, for purposes of all of the provisions of state law that govern employment, including workers’ compensation and insurance pursuant to Division 4 (commencing with Section 3200), occupational safety and health pursuant to Part 1 (commencing with Section 6300) of Division 5, and provisions that prohibit retaliation or discrimination against employees, a drayage truck operator is an employee of the entity or person who arranges for or engages the services of the operator.
(b) For purposes of this section, “drayage truck operator” means the driver of, or any person, party, or entity that controls the operation of, any in-use on-road vehicle with a gross vehicle weight rating greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods.
(c) This section shall not be construed to deem a public agency the employer of a drayage truck operator without the consent of the public agency.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.