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SB-1062 Developmental centers: sheltered workshops: minimum wage.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
SB1062:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1062


Introduced by Senator Durazo

February 18, 2020


An act to amend Section 4497 of the Welfare and Institutions Code, relating to developmental services.


LEGISLATIVE COUNSEL'S DIGEST


SB 1062, as introduced, Durazo. Developmental centers: sheltered workshops: minimum wage.
Existing law vests in the State Department of Developmental Services jurisdiction over various state hospitals, referred to as developmental centers, for the provision of care to persons with developmental disabilities. Existing law authorizes the director of a developmental center to establish a sheltered workshop to provide residents with remunerative work performed, as specified, and requires funds from the center’s sheltered workshop fund to be used for payment of remuneration to residents engaged in work at the workshop, among other things.
This bill would prohibit the payment of remuneration to residents engaged in work at a developmental center shelter workshop from being less than the rate required under specified federal, state, or local minimum wage law, whichever is higher.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4497 of the Welfare and Institutions Code is amended to read:

4497.
 (a) At each state hospital at which there is established developmental center where a sheltered workshop, workshop is established, there shall be a sheltered workshop fund administered by the clinical director. The fund shall be used for the purchase of materials, for the purchase or rental of equipment needed in the manufacturing, fabricating, or assembly of products, for the payment of remuneration to patients residents engaged in work at the workshop, and for the payment of such other costs of the operation of the workshop workshop, as may be directed by the medical director. The clinical director may cause insure the raw materials, goods in process, finished products, and equipment necessary for the production thereof to be insured against any and all risks of loss, subject to the approval of the Department of General Services. The costs of such the insurance shall be paid from the sheltered workshop fund.

All

(b) All money received from the manufacture, fabrication, assembly, or distribution of products at any state hospital developmental center sheltered workshop shall be deposited and credited to the hospital’s sheltered workshop fund.
(c) Notwithstanding any other law, the payment of remuneration to residents engaged in work at a shelter workshop established pursuant to Section 4496 shall not be less than the rate specified in Section 6(a)(1) of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 206(a)(1)) or Section 1182.12 of the Labor Code, or the rate required under the applicable local minimum wage ordinance, whichever is higher.