Today's Law As Amended


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AB-1074 Employment: displaced workers.(2021-2022)



As Amends the Law Today


SECTION 1.

 The heading of Chapter 4.5 (commencing with Section 1060) of Part 3 of Division 2 of the Labor Code is amended to read:

CHAPTER  4.5. Displaced Janitor And Hotel Worker Opportunity Act

SEC. 2.

 Section 1060 of the Labor Code is amended to read:

1060.
 The following definitions shall apply throughout this chapter:
(a) (1)  “Awarding authority” means any person that awards or otherwise enters into contracts for janitorial or building maintenance services or hotel services, which include guest services, food and beverage services, or cleaning services,  performed within the State of California, including any subcontracts for janitorial or building maintenance services or hotel  services.
(2) For purposes of this subdivision, “guest service” means contracted work for which a majority of the employee work hours are executed on hotel premises, including front desk, bell, in-house mail delivery, telephone operation, concierge, spa, valet, maintenance, landscaping, housekeeping, laundry, room services and other turndown services, or other substantially similar positions or services, provided by hotel service employees.
(b) “Contractor” means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
(c) “Employee” means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services or hotel  services. “Employee” does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act.
(d) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(e) “Service contract” means any contract that has the principal purpose of providing services through the use of service employees.
(f) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract.
(g) “Successor service contract” means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a “successor service contract” if its execution was delayed for the purpose of avoiding application of this chapter.

SEC. 3.

 Section 1064 of the Labor Code is amended to read:

1064.
 Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors or hotel service workers  that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter.