California 2019-2020 Regular Session

California Assembly Bill AB2317 Compare Versions

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1-Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2317Introduced by Assembly Member WeberFebruary 14, 2020An act to amend Section 2804 of the Labor Code, relating to private employment. An act to add Chapter 5 (commencing with Section 1410) to Part 4 of Division 2 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2317, as amended, Weber. Employer obligations: waiver. Call centers: protections.Existing law generally regulates the wages, hours, and working conditions of people employed in any occupation. Existing law creates the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner.This bill would prescribe restrictions on contracting for call center customer service work performed by a private entity for a state agency, including that it be located in California, unless an exception applies. The bill would preclude withholding or denial of payments, compensation, or benefits under any other state law to workers based upon these provisions, as specified. The bill would authorize the commission to adopt regulations necessary to implement these provisions. Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5 (commencing with Section 1410) is added to Part 4 of Division 2 of the Labor Code, to read: CHAPTER 5. Call Center Protections1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.SECTION 1.Section 2804 of the Labor Code is amended to read:2804.Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive an employee or the employees personal representative of any right or remedy to which the employee is entitled under the laws of this State.
1+CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2317Introduced by Assembly Member WeberFebruary 14, 2020 An act to amend Section 2804 of the Labor Code, relating to private employment. LEGISLATIVE COUNSEL'S DIGESTAB 2317, as introduced, Weber. Employer obligations: waiver.Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2804 of the Labor Code is amended to read:2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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3- Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2317Introduced by Assembly Member WeberFebruary 14, 2020An act to amend Section 2804 of the Labor Code, relating to private employment. An act to add Chapter 5 (commencing with Section 1410) to Part 4 of Division 2 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2317, as amended, Weber. Employer obligations: waiver. Call centers: protections.Existing law generally regulates the wages, hours, and working conditions of people employed in any occupation. Existing law creates the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner.This bill would prescribe restrictions on contracting for call center customer service work performed by a private entity for a state agency, including that it be located in California, unless an exception applies. The bill would preclude withholding or denial of payments, compensation, or benefits under any other state law to workers based upon these provisions, as specified. The bill would authorize the commission to adopt regulations necessary to implement these provisions. Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2317Introduced by Assembly Member WeberFebruary 14, 2020 An act to amend Section 2804 of the Labor Code, relating to private employment. LEGISLATIVE COUNSEL'S DIGESTAB 2317, as introduced, Weber. Employer obligations: waiver.Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly May 04, 2020
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7-Amended IN Assembly May 04, 2020
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2317
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1515 Introduced by Assembly Member WeberFebruary 14, 2020
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1717 Introduced by Assembly Member Weber
1818 February 14, 2020
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20-An act to amend Section 2804 of the Labor Code, relating to private employment. An act to add Chapter 5 (commencing with Section 1410) to Part 4 of Division 2 of the Labor Code, relating to employment.
20+ An act to amend Section 2804 of the Labor Code, relating to private employment.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2317, as amended, Weber. Employer obligations: waiver. Call centers: protections.
26+AB 2317, as introduced, Weber. Employer obligations: waiver.
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28-Existing law generally regulates the wages, hours, and working conditions of people employed in any occupation. Existing law creates the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner.This bill would prescribe restrictions on contracting for call center customer service work performed by a private entity for a state agency, including that it be located in California, unless an exception applies. The bill would preclude withholding or denial of payments, compensation, or benefits under any other state law to workers based upon these provisions, as specified. The bill would authorize the commission to adopt regulations necessary to implement these provisions. Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions.
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30-Existing law generally regulates the wages, hours, and working conditions of people employed in any occupation. Existing law creates the Division of Labor Standards Enforcement, the head of which is the Labor Commissioner.
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32-This bill would prescribe restrictions on contracting for call center customer service work performed by a private entity for a state agency, including that it be located in California, unless an exception applies. The bill would preclude withholding or denial of payments, compensation, or benefits under any other state law to workers based upon these provisions, as specified. The bill would authorize the commission to adopt regulations necessary to implement these provisions.
28+Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers. This bill would make nonsubstantive changes to these provisions.
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3430 Existing law regulates the terms and conditions of employment. Existing law voids a contract made by an employee to waive specified obligations that the law imposes on employers.
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3832 This bill would make nonsubstantive changes to these provisions.
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4436 ## Bill Text
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46-The people of the State of California do enact as follows:SECTION 1. Chapter 5 (commencing with Section 1410) is added to Part 4 of Division 2 of the Labor Code, to read: CHAPTER 5. Call Center Protections1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.SECTION 1.Section 2804 of the Labor Code is amended to read:2804.Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive an employee or the employees personal representative of any right or remedy to which the employee is entitled under the laws of this State.
38+The people of the State of California do enact as follows:SECTION 1. Section 2804 of the Labor Code is amended to read:2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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4840 The people of the State of California do enact as follows:
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5042 ## The people of the State of California do enact as follows:
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52-SECTION 1. Chapter 5 (commencing with Section 1410) is added to Part 4 of Division 2 of the Labor Code, to read: CHAPTER 5. Call Center Protections1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
44+SECTION 1. Section 2804 of the Labor Code is amended to read:2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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54-SECTION 1. Chapter 5 (commencing with Section 1410) is added to Part 4 of Division 2 of the Labor Code, to read:
46+SECTION 1. Section 2804 of the Labor Code is amended to read:
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5648 ### SECTION 1.
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58- CHAPTER 5. Call Center Protections1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
50+2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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60- CHAPTER 5. Call Center Protections1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. 1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
52+2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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62- CHAPTER 5. Call Center Protections
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64- CHAPTER 5. Call Center Protections
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66-1410. For purposes of this section, the following definitions apply:(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.(b) Commissioner means the Labor Commissioner.(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state. (d) Division means the Division of Labor Standards Enforcement.(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:(A) Fifty or more employees, excluding part-time employees.(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations. (f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months. (g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
54+2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.
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70-1410. For purposes of this section, the following definitions apply:
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72-(a) Call center means a facility or other operation where workers, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions.
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74-(b) Commissioner means the Labor Commissioner.
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76-(c) Disaster means an emergency or natural disaster declared by the Governor to be an emergency pursuant to Section 8558 of the Government Code, or any other emergency or event, that prohibits the contracted private entity from operating in the call center or in any other facility operated by the contracted private entity within the state.
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78-(d) Division means the Division of Labor Standards Enforcement.
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80-(e) (1) Employer means any business that employs for the purpose of customer service or back-office operations in the state either of the following:
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82-(A) Fifty or more employees, excluding part-time employees.
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84-(B) Fifty or more employees who in the aggregate work at least 1,500 hours per week, exclusive of hours of overtime.
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86-(2) Employer does not include an affiliate of that employer, as defined in Section 150 of the Corporations Code, if the affiliate does not operate or utilize the impacted call center, or exercise control over the impacted call centers employees or call center operations.
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88-(f) Overflow means work volume that is in excess of the forecasted volume specified in the call centers contract with the state agency and is an increase of at least 30 percent of anticipated volume when measured against the average monthly call or contact volume for the previous 12 months.
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90-(g) Part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
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92-1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract. (e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.
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96-1411. (a) Each state agency shall ensure that call center work performed by a private entity contracted to provide, as the primary function of the private entity, call center services on behalf of the state agency is performed in California.
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98-(b) A private entity that has contracted with the state for call center services that, as of January 1, 2021, performs these services, in part or in whole, outside of California, shall ensure that these services, commencing December 31, 2021, are performed in California. A call center employee who is hired on and after January 1, 2021, by a private entity that has contracted with the state for call center services shall perform these services in California.
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100-(c) Notwithstanding subdivisions (a) and (b), if a disaster occurs, a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for a maximum of 30 days or until the call centers facility within the state is operational, whichever occurs first, subject to agreement by the state agency.
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102-(d) Notwithstanding subdivisions (a) and (b), a private entity that has contracted with the state for call center services may utilize a call center facility outside of the state for overflow for a period not to exceed 48 hours, or for a period previously approved by the state agency for that contract, to accommodate seasonal needs and avoid unreasonable, short-term costs for the state. Utilizing a call center facility outside of the state for overflow pursuant to this subdivision shall, at the state agencys request, trigger a reassessment of the forecasted volume specified in the contract.
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104-(e) This section shall not apply to contracts covered by Section 12140 of the Public Contract Code.
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106-1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.
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110-1412. This chapter shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by employers that relocate to a foreign country.
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112-1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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116-1413. The commissioner may adopt rules and regulations as necessary and proper to effectuate the purposes of this chapter, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
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122-Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive an employee or the employees personal representative of any right or remedy to which the employee is entitled under the laws of this State.
58+2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any an employee or his the employees personal representative of any right or remedy to which he the employee is entitled under the laws of this State.