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

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Date Published: 09/15/2021 09:00 PM
AB1074:v96#DOCUMENT

Enrolled  September 15, 2021
Passed  IN  Senate  September 10, 2021
Passed  IN  Assembly  September 10, 2021
Amended  IN  Senate  July 12, 2021
Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1074

Introduced by Assembly Members Lorena Gonzalez and Kalra
(Principal coauthor: Senator Durazo)

February 18, 2021

An act to amend Sections 1060 and 1064 of, and to amend the heading of Chapter 4.5 (commencing with Section 1060) of Part 3 of Division 2 of, the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1074, Lorena Gonzalez. Employment: displaced workers.
Existing law establishes the Displaced Janitor Opportunity Act, which requires contractors and subcontractors, as defined, that are awarded contracts or subcontracts to provide janitorial or building maintenance services at a particular jobsite or sites, to retain, for a period of 60 days, certain employees who were employed at that site by the previous contractor or subcontractor, and offered continued employment if their performance during that 60-day period is satisfactory. Existing law authorizes an employee who was not retained, or the employee’s agent, to bring an enforcement action in a court of competent jurisdiction, as specified. Existing law charges the Labor Commissioner, as Chief of the Division of Labor Standards Enforcement, with enforcing these provisions.
Existing law defines “awarding authority” to mean any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services.
This bill would rename the act the Displaced Janitor and Hotel Worker Opportunity Act and would extend the provisions of the act to hotel workers. The bill would redefine “awarding authority” under the act to include any person that awards or otherwise enters into contracts for hotel services, which include guest service, as defined, food and beverage service, or cleaning service, performed within the state, as specified. The bill would also redefine “employee” to include a 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 under a contract to provide janitorial or building maintenance services or hotel services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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.