The regulation of traveling sales crews that solicit contributions for advocacy or political organizations

Specifically, under current law, a person may not employ, offer to employ, or otherwise recruit an individual to work as a traveling sales crew worker without first obtaining a certificate of registration from the Department of Workforce Development (DWD). To obtain a certificate of registration, a person must meet certain minimum requirements, including undergoing a background investigation to determine whether the person has been convicted of certain disqualifying offenses specified under current law and establishing proof of the person's ability to pay any compensation owed to a traveling sales crew worker employed by the person. This bill extends those registration requirements to 501 (c) (4) organizations and 527 political organizations that employ traveling sales crews to solicit contributions from house to house, on any street, or in any other place that is open to the public.

Current law also requires an employer to provide an individual who is offered employment as a traveling sales crew worker with a written disclosure statement of the terms of employment. The written disclosure statement must include: 1) the place or places of employment; 2) the compensation to be paid; 3) the type or types of work on which the individual may be employed; 4) the pay period and the manner in which compensation will be paid; 5) the number of days per week and hours per day that the individual may be required to engage in sales activities or related support work; 6) the period of employment, including the approximate beginning and ending dates of employment; 7) a description of the board, lodging, and other facilities to be provided and any costs to be charged to the individual for those facilities; and 8) description of the transportation to be provided. This bill extends that written disclosure requirement to 501 (c) (4) organizations and 527 political organizations that employ traveling sales crews to solicit contributions from house to house, on any street, or in any other place that is open to the public.

In addition, current law requires an employer of a traveling sales crew worker to: 1) pay all compensation earned by the worker in U.S. currency or by check or draft on regular paydays designated in advance, but not less often than semimonthly; 2) to provide with each payment a written statement itemizing gross pay, net pay, and the amount of and reason for each deduction from gross pay; 3) to maintain and operate any motor vehicle used to transport traveling sales crews in compliance with all applicable state and federal safety standards; and 4) to have in force a motor vehicle liability insurance policy and an insurance policy covering the negligent acts or omissions of the employer and, if required to do so under the worker's compensation law, provide worker's compensation coverage. This bill extends those requirements to 501 (c) (4) organizations and 527 political organizations that employ traveling sales crews to solicit contributions from house to house, on any street, or in any other place that is open to the public.

Moreover, current law prohibits an employer of traveling sales crew workers from engaging in any of the following prohibited practices:

1. Employing as a traveling sales crew worker a minor or employing as a traveling sales crew worker an adult who has been adjudged incompetent without the permission of the person's guardian.

2. Requiring a traveling sales crew worker to engage in any in-person sales or solicitation activities before 9:00 a.m. or after 9:00 p.m.

3. Considering a traveling sales crew worker to be an independent contractor rather than an employee.

4. Requiring a traveling sales crew worker to purchase any goods or services solely from the employer or to pay any of the employer's business expenses, except that, subject to certain conditions, an employer may deduct from a worker's compensation the cost of furnishing board, lodging, or other facilities.

5. Abandoning a traveling sales crew worker who is unable to work due to illness or injury or who is discharged from employment for reasons other than misconduct without providing for the return of the traveling sales crew worker to his or her permanent place of residence.

6. Abandoning a traveling sales crew worker who has been arrested and is being held in custody in connection with a violation of the traveling sales crew law or a local ordinance regulating the conduct regulated by that law.

7. Requiring a traveling sales crew worker to relinquish custody of any of his or her personal property to the employer, to any employee, agent, or representative of the employer who supervises or transports traveling sales crew workers, or to any other traveling sales crew worker of the employer.

8. Prohibiting or restricting a traveling sales crew worker from contacting any family member, friend, or other person while traveling with the traveling sales crew.

9. Intentionally inflicting or threatening to inflict any bodily harm on a traveling sales crew worker or damage to the property of a traveling sales crew worker as a means of discipline or motivation.

10. Advising or counseling a traveling sales crew worker to make false representations to a person to whom he or she is offering consumer goods or services concerning his or her motivation for selling those goods or services.

This bill extends those prohibited practices to 501 (c) (4) organizations and 527 political organizations that employ traveling sales crews to solicit contributions from house to house, on any street, or in any other place that is open to the public.

Finally, current law: 1) prohibits an individual from being employed as a traveling sales crew worker unless the employer of the individual first obtains from DWD a traveling sales crew worker permit (permit) for the individual and the individual first obtains from DWD an identification card; 2) requires permits and identification cards to be carried at all times while an employer or worker is engaged in traveling sales crew activities; 3) requires a permit to be stamped or endorsed by the city, village, or town clerk before a traveling sales crew worker may engage in any traveling sales crew activities in the city, village, or town; 4) and requires local law enforcement authorities to be notified that traveling sales crew workers will be engaging in traveling sales crew activities in that city, village, or town. This bill extends those permit, identification, and notification requirements to 501 (c) (4) organizations and 527 political organizations that employ traveling sales crews to solicit contributions from house to house, on any street, or in any other place that is open to the public.