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

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SB1547:v97#DOCUMENT

Amended  IN  Senate  April 15, 2008
Amended  IN  Senate  March 27, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1547

Introduced  by  Senator Correa

February 22, 2008

An act to add Section 201.1 to the Labor Code, relating to wages.


LEGISLATIVE COUNSEL'S DIGEST


SB 1547, as amended, Correa. Wages: payment upon discharge: temporary health care providers.
Existing law provides that, when an employer discharges an employee, any wages earned but not yet paid at the time of the discharge are due and payable immediately. Existing law further establishes criteria by which this requirement may be met with respect to specified groups of employees.
This bill would specify that a health care provider who is employed by a temporary services employer and assigned to work for a particular client is not discharged when the work assignment with that client concludes.
Existing law requires all wages, other than those mentioned in specified provisions, earned by a person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays.
This bill would require the wages of a health care provider who is employed by a temporary services employer and assigned to work for a particular client to be paid at least semimonthly regardless of when the assignment with that client concludes. However, the semimonthly payment requirement would not apply to a temporary health care provider who is assigned to work for a particular client as a replacement for a striking employee of that client during a labor dispute.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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.