AB 2570 — Unemployment insurance: professional employer organizations.
Last action — From Senate committee without further action.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law requires that the determination of the employer-employee relationship be made pursuant to common-law principles, with specified exceptions. Existing law provides that when an individual or entity contracts to supply an employee to perform services for a customer or client and is a leasing employer or a temporary services employer, as defined, the individual or entity is the employer of the employee who performs the services. This bill would, on and after January 1, 2012, for purposes of all unemployment insurance laws of this state, provide that a professional employer organization, as defined, shall be deemed to be an employing unit for covered employees under a professional employer agreement, as defined. This bill would require the Employment Development Department to administer the provisions of the bill, as specified. This bill would impose various requirements on professional services organizations and clients, and would also provide for an assessment, fines, and disciplinary actions.
Bill Text
- Amended 07/01/10 - Amended Senate Current pdf July 01, 2010
- Amended 06/21/10 - Amended Senate pdf June 21, 2010
- Introduced 02/19/10 - Introduced pdf February 19, 2010
- AB2570 View text html
Action History
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From Senate committee without further action.
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In committee: Held under submission.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 23).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
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Referred to Com. on L. & I.R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 52. Noes 24. Page 5555.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 12. Noes 5.) (May 28).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 21).
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Referred to Com. on L. & E.
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Read first time.
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From printer. May be heard in committee March 23.
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Introduced. To print.
Sponsors
- Ma · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Ma
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Yea |
| Corbett | — | Yea |
| Ashburn | — | Yea |
| Kehoe | — | Yea |
| Price | — | Yea |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Leno | — | Yea |
| Walters | — | Not Voting |
| Emmerson | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Total | 5 | 0 | 0 | 1 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Ducheny | — | Yea |
| Leno | — | Yea |
| Hollingsworth | — | Yea |
| Wyland | — | Not Voting |
| DeSaulnier | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 23 | 0 | 4 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 1 | 0 | 1 |
| Total | 62 | 24 | 0 | 5 |
| % of votes cast | 68% | 26% | 0% | 5% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Carter | — | Yea |
| Chesbro | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Bill | — | Yea |
| Eng | — | Yea |
| Evans | — | Yea |
| Fuentes | — | Yea |
| Charles | — | Yea |
| Galgiani | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Conway | — | Nay |
| Fletcher | — | Nay |
| Tom | — | Not Voting |
| Audra | — | Not Voting |
| Cook | — | Not Voting |
| Garrick | — | Nay |
| Hagman | — | Nay |
| Harkey | — | Nay |
| Jeffries | — | Nay |
| Blakeslee | — | Nay |
| Logue | — | Nay |
| Nestande | — | Nay |
| Norby | — | Nay |
| Ruskin | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Swanson | — | Yea |
| Torres | — | Yea |
| Tran | — | Nay |
| Villines | — | Nay |
| Adams | — | Nay |
| Ammiano | — | Yea |
| Anderson | — | Nay |
| Bass | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hernandez | — | Yea |
| Huffman | — | Yea |
| Knight | — | Nay |
| Lieu | — | Yea |
| Ma | — | Yea |
| Miller | — | Nay |
| Nava | — | Yea |
| Nielsen | — | Nay |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torrico | — | Yea |
| Emmerson | — | Nay |
| Feuer | — | Yea |
| DeVore | — | Nay |
| Yamada | — | Yea |
| Fuller | — | Nay |
| Furutani | — | Yea |
| Gilmore | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Not Voting |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 13 | 5 | 0 | 0 |
| % of votes cast | 72% | 28% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Fuentes | — | Yea |
| Coto | — | Yea |
| Charles | — | Yea |
| Ammiano | — | Yea |
| Monning | — | Yea |
| Ruskin | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Harkey | — | Nay |
| Conway | — | Nay |
| Miller | — | Nay |
| Nielsen | — | Nay |
| Bradford | — | Yea |
| Norby | — | Nay |
| Skinner | — | Yea |
| Torrico | — | Yea |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Bill | — | Yea |
| Monning | — | Yea |
| Ma | — | Yea |
| Swanson | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
Subjects
Frequently asked questions
- What does AB 2570 do?
- Existing law requires that the determination of the employer-employee relationship be made pursuant to common-law principles, with specified exceptions. Existing law provides that when an individual or entity contracts to supply an employee to perform services for a customer or client and is a leasing employer or a temporary services employer, as defined, the individual or entity is the employer of the employee who performs the services. This bill would, on and after January 1, 2012, for purposes of all unemployment insurance laws of this state, provide that a professional employer organization, as defined, shall be deemed to be an employing unit for covered employees under a professional employer agreement, as defined. This bill would require the Employment Development Department to administer the provisions of the bill, as specified. This bill would impose various requirements on professional services organizations and clients, and would also provide for an assessment, fines, and disciplinary actions.
- Who sponsors AB 2570?
- AB 2570 is sponsored by Ma.
- What is the current status of AB 2570?
- This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2570?
- Track AB 2570 free on One Click Politics — get push/email alerts when it moves.
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