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Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations

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Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations STATE LEGISLATION Bill ID/Topic Location Summary Position Recent Support/Oppose AB 5 9/18/2019- Existing law, as established in the case of Dynamex Operations West, Inc. v. Watch Committee On Labor, Public Employment And Retirement (text 5/24/2019) Gonzalez D A. CHAPTERED Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), creates a Support 9/18/2019- presumption that a worker who performs services for a hirer is an employee 9 to 5 National Association of Working Women Worker status: Approved by for purposes of claims for wages and benefits arising under wage orders Amalgamated Transit Union American Federation of State, County and Municipal employees and the Governor. issued by the Industrial Welfare Commission. Existing law requires a 3-part Employees independent Chaptered by test, commonly known as the “ABC” test, to establish that a worker is an Berkeley City Council BlueGreen Alliance contractors. Secretary of independent contractor for those purposes. This bill would state the intent of California Alliance for Retired Americans State - Chapter the Legislature to codify the decision in the Dynamex case and clarify its California Association of Health Underwriters 296, Statutes of application. The bill would provide that for purposes of the provisions of the California Conference of Machinists California Federation of Teachers 2019. Labor Code, the Unemployment Insurance Code, and the wage orders of the California Immigrant Policy Center Industrial Welfare Commission, a person providing labor or services for California Labor Federation remuneration shall be considered an employee rather than an independent California Nurses Association California Partnership for Working Families contractor unless the hiring entity demonstrates that the person is free from California Professional Firefighters the control and direction of the hiring entity in connection with the California Rural Legal Assistance Foundation California School Employees Association performance of the work, the person performs work that is outside the usual California-Nevada Conference of Operating Engineers course of the hiring entity’s business, and the person is customarily engaged Center on Policy Initiatives, San Diego in an independently established trade, occupation, or business. The bill, Central Coast Alliance United for a Sustainable Economy notwithstanding this provision, would provide that any statutory exception Communications Workers of America, AFL-CIO from employment status or any extension of employer status or liability District 9 remains in effect, and that if a court rules that the 3-part test cannot be Direct Selling Association East Bay Alliance for a Sustainable Economy applied, then the determination of employee or independent contractor Employees Rights Center status shall be governed by the test adopted in S. G. Borello & Sons, Inc. v. Engineers and Scientists of California, IFPTE Local 20 Greater California Livery Association Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). The bill Greenlining Institute would exempt specified occupations from the application of Dynamex, and Independent Insurance Agents and Brokers of would instead provide that these occupations are governed by Borello. These California Labor and Employment Committee of National exempt occupations would include, among others, licensed insurance agents, Lawyers Guild certain licensed health care professionals, registered securities broker-dealers Legal Aid at Work or investment advisers, direct sales salespersons, real estate licensees, Los Angeles Alliance for New Economy (LAANE) National Association of Insurance and Financial commercial fishermen, workers providing licensed barber or cosmetology Advisors of California (NAIFA) Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations Bill ID/Topic Location Summary Position Recent Support/Oppose services, and others performing work under a contract for professional National Domestic Workers Alliance National Employment Law Project services, with another business entity, or pursuant to a subcontract in the National Union of Healthcare Workers construction industry. This bill contains other related provisions and other Orange County Communities Organized for existing laws. Responsible Development Professional & Technical Engineers, Local 21 Professional Beauty Federation of California SEIU CA Service Employees International Union, Local 1000 (SEIU Local 1000) Shaklee Corporation Sierra Club California Southern California Coalition for Occupational Safety and Health State Building and Construction Trades Council of California Teamsters Public Affairs Council Union of Concerned Scientists UNITE HERE! United Auto Workers Local 5810 (Berkeley) United Auto Workers, Local 2865 United Domestic Workers, AFSCME Local 3930 United Farm Workers United Food and Commercial Workers Union, Western States Council University Professional and Technical Employees, CWA Local 9119 Warehouse Worker Resource Center, Inland Empire Western Center on Law and Poverty Western States Council of Sheet Metal, Air, Rail and Transportation Worksafe Oppose 107-individuals Anthony Hopkins Investigations California Aesthetic Alliance California Association of Winegrape Growers California Hospital Association Deferred=bill will be brought up at another time; Chaptered=bill has become law; LA=Last Amended; Enrolled=bill sent to Governor for approval or veto Note: “Location” will provide most recent action on the legislation and current position in the legislative process. 11/21/2019 Bills highlighted in PURPLE have been submitted in the current month for Board consideration. 2 Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations Bill ID/Topic Location Summary Position Recent Support/Oppose California League of Food Processors California Podiatric Medical Association California Society for Respiratory Care California Trucking Association Chino Valley Chamber of Commerce Coalition of DMV Motor Carrier Permit Holders El Dorado County Joint Chamber of Commerce Electrologists’ Association of California Electronic Transactions Association Elk Grove Chamber of Commerce Folsom Chamber of Commerce Fontana Chamber of Commerce Greater Coachella Valley Chamber of Commerce Greater Ontario Business Council Hayward Chamber of Commerce Hesperia Chamber of Commerce Indy Hub Inland Empire Economic Partnership Insights Association Lavell Water Truck Service LLC Moreno Valley Chamber of Commerce Murrieta/Wildomar Chamber of Commerce National Federation of Independent Business Rancho Cordova Chamber of Commerce Rancho Cucamonga Chamber of Commerce Recording Industry Association of America Redlands Chamber of Commerce Roseville Area Chamber of Commerce Rover Inc. Santoro Transportation Inc. Southern California Contractors Association TechNet Victor Valley Chamber of Commerce Western States Trucking Association Deferred=bill will be brought up at another time; Chaptered=bill has become law; LA=Last Amended; Enrolled=bill sent to Governor for approval or veto Note: “Location” will provide most recent action on the legislation and current position in the legislative process. 11/21/2019 Bills highlighted in PURPLE have been submitted in the current month for Board consideration. 3 Los Angeles County Metropolitan Transportation Authority (Metro) State and Federal Legislative Matrix November 2019 Metro Government Relations Bill ID/Topic Location Summary Position Recent Support/Oppose AB 8 6/12/2019- (1)Existing law requires the governing board of a school district to give diligent care to Education (text 5/16/2019) Chu D S. HEALTH the health and physical development of pupils and authorizes the governing board of Support 7/8/2019-In a school district to employ properly certified persons for the work. Existing law Association of California School Pupil health: committee: requires a school of a school district or county office of education and a charter Administrators mental health Hearing school to notify pupils and parents or guardians of pupils no less than twice during California Association for Health, the school year on how to initiate access to available pupil mental health services on professionals. postponed by campus or in the community, or both, as provided. Existing law requires, subject to Physical Education, Recreation and committee. sufficient funds being provided, the State Department of Education, in consultation Dance with the State Department of Health Care Services and appropriate stakeholders, to, California Federation of Teachers on or before July 1, 2020, develop guidelines for the use of telehealth technology in California State PTA public schools, including charter schools, to provide mental health and behavioral Mental Health America of California health services to pupils on school campuses.This bill would require, on or before Oppose December 31, 2024, a school of a school district or county office of education and a None charter school to have at least one mental health professional, as defined, for every 600 pupils generally accessible to pupils on campus during school hours. The bill would require, on or before December 31, 2024, a school of a school district or county office of education and a charter school
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