California 2019-2020 Regular Session Status: In Committee

SB 448 — Volunteers: small wineries.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Existing law makes it unlawful for a person or employer to avoid employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor. Existing law also establishes legal presumptions regarding employment status for certain types of workers performing services, and lists various factors for determining proof of independent contractor status for these workers. Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, creates a presumption that a worker who performs services for a hirer is an employee. That case applies a 3-part test, known as the "ABC" test, to establish that a worker is an independent contractor. Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would exempt a small winery or small microbrewery, as defined, that utilizes volunteers who perform part-time labor in exchange for hands-on training, from having these volunteers classified as employees or apprentices.

Bill Text

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. April 10 set for first hearing canceled at the request of author.

  3. Set for hearing April 10.

  4. Referred to Com. on L., P.E. & R.

  5. From printer. May be acted upon on or after March 24.

  6. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Borgeas · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Borgeas

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

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Frequently asked questions

What does SB 448 do?
Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees. Existing law makes it unlawful for a person or employer to avoid employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor. Existing law also establishes legal presumptions regarding employment status for certain types of workers performing services, and lists various factors for determining proof of independent contractor status for these workers. Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, creates a presumption that a worker who performs services for a hirer is an employee. That case applies a 3-part test, known as the "ABC" test, to establish that a worker is an independent contractor. Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would exempt a small winery or small microbrewery, as defined, that utilizes volunteers who perform part-time labor in exchange for hands-on training, from having these volunteers classified as employees or apprentices.
Who sponsors SB 448?
SB 448 is sponsored by Borgeas.
What is the current status of SB 448?
This bill died with 2019-2020 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 SB 448?
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