ACA 19 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 33 to Article I thereof, relating to personal rights.
Last action — From printer. May be heard in committee February 15.
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1Introduced
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2In 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 2019-2020 Regular Session. It reached “Introduced” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
The California Constitution grants many rights to persons, including the right to speak and write freely, as specified, and to be free from cruel and unusual punishment. Existing statutory law requires that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor, for specified purposes, unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. This measure, "The Right to Earn a Living Act," would require determinations of whether a person is an employee or an independent contractor to be made using a specified multifactor test that differs from the test described above. The measure would also require that any law that limits the entry into or competition in a business or profession to be limited to those that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives. The measure would also prohibit a law from preventing an employer from agreeing to an employee's request for a flexible work schedule, as specified.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 01/15/20 - Introduced Current pdf January 15, 2020
- ACA19 View text html
Action History
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From printer. May be heard in committee February 15.
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Read first time. To print.
Sponsors
- Kiley · Primary
- Melendez · Cosponsor
- James Gallagher · Cosponsor
- Jones · Cosponsor
- Moorlach · Cosponsor
- Mike Fong · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on
Sponsors (1)
- Kiley
Co-sponsors (5)
- Melendez
- Gallagher, James Republican
- Jones
- Moorlach
- Fong, Mike Democratic
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"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.
Subjects
Frequently asked questions
- What does ACA 19 do?
- The California Constitution grants many rights to persons, including the right to speak and write freely, as specified, and to be free from cruel and unusual punishment. Existing statutory law requires that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor, for specified purposes, unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. This measure, "The Right to Earn a Living Act," would require determinations of whether a person is an employee or an independent contractor to be made using a specified multifactor test that differs from the test described above. The measure would also require that any law that limits the entry into or competition in a business or profession to be limited to those that are demonstrably necessary and narrowly tailored to fulfill legitimate public health, safety, or welfare objectives. The measure would also prohibit a law from preventing an employer from agreeing to an employee's request for a flexible work schedule, as specified.
- Who sponsors ACA 19?
- ACA 19 is sponsored by Kiley, Melendez, Gallagher, James (Republican), Jones, Moorlach, and Fong, Mike (Democratic).
- What is the current status of ACA 19?
- This bill died with 2019-2020 Regular Session. It reached “Introduced” 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 ACA 19?
- Track ACA 19 free on One Click Politics — get push/email alerts when it moves.
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