California 2017-2018 Regular Session Status: In Committee

AB 2765 — Employment benefits: digital marketplace: contractor benefits.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. Existing law makes it unlawful for any person or employer to willfully misclassify an individual as an independent contractor. This bill would authorize an organization that is a digital marketplace, as defined, to contribute to a marketplace contractor benefit plan established to provide certain employment benefits to marketplace contractors, as defined, who use the digital marketplace. Under the bill, the digital marketplace would make the election by providing written notice of the election and paying no more than a $500 administrative fee to the Employment Development Department. The bill would require the department to use the revenues, upon appropriation by the Legislature, for the administration of marketplace contractor benefit plans. The bill would require a participating digital marketplace, as defined, to enter into a written plan agreement with a plan administrator to establish and maintain a benefit plan to provide benefits to the contractors who use the digital marketplace, as prescribed. The bill would require a digital marketplace that elects to contribute to a benefit plan to contribute an unspecified minimum percentage of the contractor fee for each transaction and would authorize a benefit plan to require a contractor to earn a minimum amount of contractor fees. The bill would provide for plan withdrawal penalties, which would be required to be remitted to the department and used by the department, upon appropriation by the Legislature, to administer the bill or for any other purpose authorized by existing law governing employment. The bill would require, for purposes of all provisions of state and local laws that govern employment, that a marketplace contractor that offers services through a digital marketplace be treated as an independent contractor of the digital marketplace. The bill would require participating digital marketplaces to establish a procedure for representatives of the marketplace contractors to meet at least 4 times per year with representatives of the participating digital marketplaces to discuss issues relating to the operation of the participating marketplace. The bill would authorize a participating digital marketplace to provide education and training to marketplace contractors that use the digital marketplace on specific subject matters. The bill would declare that its provisions address a matter of statewide concern and would prohibit a county, municipality, or other political subdivision from enacting or enforcing any law, ordinance, or rule inconsistent with the bill's provisions. The California Fair Employment and Housing Act (FEHA) defines and provides administrative and civil remedies for specified unlawful discriminatory practices, including various unlawful employment practices. This bill would make it an unlawful employment practice subject to FEHA for a digital marketplace to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing, or otherwise acting upon applications to participate with the digital marketplace as a marketplace contractor. The bill would define "digital marketplace" and "marketplace contractor" for purposes of FEHA.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. In committee: Hearing postponed by committee.

  3. Re-referred to Com. on L. & E.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  5. Referred to Coms. on L. & E. and JUD.

  6. From printer. May be heard in committee March 19.

  7. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Low

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2765 do?
Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. Existing law makes it unlawful for any person or employer to willfully misclassify an individual as an independent contractor. This bill would authorize an organization that is a digital marketplace, as defined, to contribute to a marketplace contractor benefit plan established to provide certain employment benefits to marketplace contractors, as defined, who use the digital marketplace. Under the bill, the digital marketplace would make the election by providing written notice of the election and paying no more than a $500 administrative fee to the Employment Development Department. The bill would require the department to use the revenues, upon appropriation by the Legislature, for the administration of marketplace contractor benefit plans. The bill would require a participating digital marketplace, as defined, to enter into a written plan agreement with a plan administrator to establish and maintain a benefit plan to provide benefits to the contractors who use the digital marketplace, as prescribed. The bill would require a digital marketplace that elects to contribute to a benefit plan to contribute an unspecified minimum percentage of the contractor fee for each transaction and would authorize a benefit plan to require a contractor to earn a minimum amount of contractor fees. The bill would provide for plan withdrawal penalties, which would be required to be remitted to the department and used by the department, upon appropriation by the Legislature, to administer the bill or for any other purpose authorized by existing law governing employment. The bill would require, for purposes of all provisions of state and local laws that govern employment, that a marketplace contractor that offers services through a digital marketplace be treated as an independent contractor of the digital marketplace. The bill would require participating digital marketplaces to establish a procedure for representatives of the marketplace contractors to meet at least 4 times per year with representatives of the participating digital marketplaces to discuss issues relating to the operation of the participating marketplace. The bill would authorize a participating digital marketplace to provide education and training to marketplace contractors that use the digital marketplace on specific subject matters. The bill would declare that its provisions address a matter of statewide concern and would prohibit a county, municipality, or other political subdivision from enacting or enforcing any law, ordinance, or rule inconsistent with the bill's provisions. The California Fair Employment and Housing Act (FEHA) defines and provides administrative and civil remedies for specified unlawful discriminatory practices, including various unlawful employment practices. This bill would make it an unlawful employment practice subject to FEHA for a digital marketplace to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing, or otherwise acting upon applications to participate with the digital marketplace as a marketplace contractor. The bill would define "digital marketplace" and "marketplace contractor" for purposes of FEHA.
Who sponsors AB 2765?
AB 2765 is sponsored by Low.
What is the current status of AB 2765?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 2765?
Track AB 2765 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2765

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2765

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →