Today's Law As Amended


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SB-1547 Wages: payment upon discharge: temporary health care providers.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 201.1 is added to the Labor Code, to read:

201.1.
 (a) A health care provider who is employed by a temporary services employer and assigned to work for a particular client is not discharged within the meaning of Section 201 when the work assignment with that client concludes.
(b) Notwithstanding any other provision of law, the wages of a health care provider who is employed by a temporary services employer and assigned to work for a particular client are due and payable at least semimonthly, as set forth in Section 204, regardless of when the assignment with that client concludes. However, this subdivision does not apply to a health care provider who is employed by a temporary services employer and assigned to work for a particular client as a replacement for a striking employee of that client during a labor dispute.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Client” or “customer” means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer.
(2) “Health care provider” means a licensed medical doctor or any other person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act, or an imaging, respiratory, surgical, vascular, medical, or nuclear medicine technologist or a cardiovascular, dialysis, histological, medical, or medical laboratory technician.
(3) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions:
(A) Negotiates with clients and customers for matters such as the time and place at which the services are to be provided, the type of work, the working conditions, and the quality and price of the services.
(B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments.
(C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer.
(D) Assigns or reassigns workers to perform services for clients or customers.
(E) Sets the rate of pay of workers, whether or not through negotiation.
(F) Pays workers from its own account or accounts.
(G) Retains the right to hire and terminate workers.