Bills · 2009-2010 Regular Session

AB 929

willful misclassification of an employee as a nonemployee by a person engaged in the painting or drywall finishing of buildings or other structures with intent to evade the laws related to income tax withholding, worker's compensation, unemployment insurance, or employment discrimination and providing a penalty.

Introduced, completed
Passes Assembly, completed
Passes Senate, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, any employer engaged in the construction of roads, bridges,

highways, sewers, water mains, utilities, public buildings, factories, housing, or

similar construction projects who misclassifies an employee as a nonemployee

willfully and with intent to evade any requirement of the laws relating to income tax

withholding, worker's compensation, unemployment insurance, or employment

discrimination is subject to a $25,000 fine for each violation. This bill applies that

fine to any person engaged in the painting or drywall finishing of buildings or other

structures who willfully and with intent to evade any of those laws misclassifies an

employee as a nonemployee.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Votes

Assembly: Report passage recommended by committee on Labor, Ayes 8, Noes 0

Passed 8–0 Apr 13, 2010 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and concurred in, Ayes 31, Noes 2

Passed 31–2 Apr 20, 2010 official source full page