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ACA-19 Right to Earn a Living Act.(2019-2020)

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Constitutional Amendment
No. 19


Introduced by Assembly Members Kiley and Melendez
(Coauthors: Assembly Members Fong and Gallagher)
(Coauthors: Senators Jones and Moorlach)

January 15, 2020


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 33 to Article I thereof, relating to personal rights.


LEGISLATIVE COUNSEL'S DIGEST


ACA 19, as introduced, Kiley. Right to Earn a Living Act.
The California Constitution grants many rights to persons, including the right to speak and write freely, as specified, and to be free from cruel and unusual punishment. Existing statutory law requires that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor, for specified purposes, 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, both under the contract for the performance of the work and in fact, 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 of the same nature as that involved in the work performed.
This measure, “The Right to Earn a Living Act,” would require determinations of whether a person is an employee or an independent contractor to be made using a specified multifactor test that differs from the test described above. The measure would also require that any law that limits the entry into or competition in a business or profession to be limited to those that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives. The measure would also prohibit a law from preventing an employer from agreeing to an employee’s request for a flexible work schedule, as specified.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019–20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

 This act shall be known as “The Right to Earn a Living Act.”

Second—

 That Section 33 is added to Article I thereof, to read:

SEC. 33.
 (a) Determinations of whether a person is an employee or an independent contractor shall be made using the multifactor test set forth in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.
(b) Individuals have the right to pursue a chosen business or profession free from arbitrary or excessive government interference. Any law that limits the entry into or competition in a business or profession shall be limited to those limitations that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives.
(c) A law shall not prevent an employer from agreeing to an employee’s request for a flexible work schedule, as long as both parties understand that work performed in excess of 10 hours in a day or in excess of 40 hours in a week is required to be compensated per statutory overtime requirements.