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Immigration Pushed To The Forefront Again.... Thanks! To Everyone Who Has Propelled This Issue To Its' Rightful Position. Years Of Hard Work Are Paying Off.....Keep Up The Good Work!......
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Old 05-16-2012, 06:18 PM
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Ayatollahgondola Ayatollahgondola is offline
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Default Ayatollah To Pitch Day Laborer Ordinance To Sac County Supervisors

Mark your calendars fellow associates:
Our first effort in the Partners In Propriety program

June 12th, 2012 at 11:15 am
Sacramento County Board of Supervisors Meeting Room

I've drafted an ordinance to combat the underground economy in sacramento county by directing it at the day laborers and their employers that congregate at day labor hiring sites and Home Depots. I'll be publishing the ordinance next week in this thread.

This ordinace will not check citizenship, immigration status, or any other of the immigration related schemes that have been at the root of many previous failed ordinances in other cities. I've crafted this one around the underground economy and state laws rather than federal ones.

The Sacramento County Board of Supervisors has allowed 15 minutes for me to make the presentation. At this meeting, they can only vote to pursue this or not, but it is not at the adoption stage, or even close. Honestly, I don't know how this will be received, Combatting underground economies should be a good sell these days, but because budgets are tight it may not fly at all. So I have to point out the revenue savings it will provide, and the income it will bring. But it will begin with the propriety of doing business above board.
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Old 05-20-2012, 11:08 AM
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Jeanfromfillmore Jeanfromfillmore is offline
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Quote:
Originally Posted by Ayatollahgondola View Post
Mark your calendars fellow associates:
Our first effort in the Partners In Propriety program

June 12th, 2012 at 11:15 am
Sacramento County Board of Supervisors Meeting Room

I've drafted an ordinance to combat the underground economy in sacramento county by directing it at the day laborers and their employers that congregate at day labor hiring sites and Home Depots. I'll be publishing the ordinance next week in this thread.

This ordinace will not check citizenship, immigration status, or any other of the immigration related schemes that have been at the root of many previous failed ordinances in other cities. I've crafted this one around the underground economy and state laws rather than federal ones.

The Sacramento County Board of Supervisors has allowed 15 minutes for me to make the presentation. At this meeting, they can only vote to pursue this or not, but it is not at the adoption stage, or even close. Honestly, I don't know how this will be received, Combatting underground economies should be a good sell these days, but because budgets are tight it may not fly at all. So I have to point out the revenue savings it will provide, and the income it will bring. But it will begin with the propriety of doing business above board.
Give-um hell!!!
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Old 05-29-2012, 06:27 AM
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Ayatollahgondola Ayatollahgondola is offline
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So here is the proposed ordinance I wrote. Critique is welcome

Quote:
This initiative shall be known as the Safe Hiring and Fair Business Practices Act

We, The Sacramento County Board of Supervisors do resolve:
 
Whereas the State of California has in existence laws that govern the relationship between employer and employees;

Whereas state laws governing employers provide for a requirement that an employer secure workmen's compensation insurance and withhold taxes and other levies from employee pay;

Whereas those state laws are applicable in Sacramento County;

Whereas employers hiring workers without providing workmen's compensation insurance may place a strain on county resources by way of indigent care and emergency services funded by the county;

Whereas Sacramento county has experienced a growth of informal temporary worker sites where workers congregate and hold themselves out for immediate hire;

Whereas those temporary workers have become known as "day laborers", and those informal worker sites have become known as "day labor sites";

Whereas employers who use the day labor sites and hire day laborers are often evading the requirement to provide workmen's compensation insurance;

Whereas employers hiring day laborers from day labor sites may also be evading other employer requirements such as safety training, tax withholding, and wage reporting;

Whereas the day laborers themselves may also be evading wage deductions, tax witholding, child support liens, or other court ordered fines or leins by holding themselves out only as day laborers for daily cash pay;

Whereas the employers and workers that use the day labor sites to evade employee or employer requirements contribute to the underground economies in the municipalities they are located;

Whereas the underground economies deprive the county of legally legislated revenue;

Whereas the underground economies deprive legitimate businesses of a fair share of the commerce in the area by taking unfair competitive advantage;

Whereas it is in Sacramento county's best economic interest to enact and enforce codes that encourage legitimacy and safety, fair business competition, compliance with state labor codes, and the payment of all employer/employee taxes, fees, withholding, and the collection of fines, child support, or other court ordered payments;

We the people of Sacramento County do hereby enact the following code:

1)Every person, business, or employer making use of any temporary worker site or day labor area shall have in their immediate possession, a true copy of a document that describes how they are complying with state labor code section 3700 a, b, or c, and provide that copy for inspection to any county sheriff, city police officer, city or county code enforcement agent, state labor standards officer, state insurance commission officer, or any other sworn or duly authorized agent, inspector, or officer of the federal government, state of California, or Sacramento county that is engaged in the discharge of thier duties. Said document shall provide any currently valid policy numbers, contact information for the provider, and name of the insured.
 
1a) Every person, business, or employer making use of any temporary worker site or day labor area for the purpose of hiring a day laborer shall display a true copy of a document that describes how they are complying with state labor code section 3700 a, b, or c during the hiring process so that prospective or hired workers my see, read, or copy the information from that document. Said document shall provide for a currently valid policy number, contact information for the provider, and name of the insured
2)Every person congregating, meeting, or otherwise using a day labor site or area and holding themselves out for immediate hire as a worker shall have in their immediate possession a true copy of the information required to be provided to prospective employer(s) for the purposes of becoming an employee under California and US federal employment laws, and provide that copy for inspection to any county sheriff, city police officer, city or county code enforcement agent, state labor standards officer, state insurance commission officer, or any other sworn or duly authorized agent, inspector, or officer of the federal government, state of California, or Sacramento county that is engaged in the discharge of thier duties.
 
3) Every property owner, business owner, person, or other entity that hosts any day labor area, day labor site, or any other day labor organization on their property, or property they have control of, whether formal or informal, voluntarily or involuntarily, shall take steps to ensure that the provisions of this section are being followed, and display conspicuously, adequate notice of this code in the immediate vicinity where hiring takes place. Said notice must include language of the requirement regarding workmen's compensation insurance for employers, and document possession for workers.
 
4)Any violation of section 1, 1a, or 2 of this section is an infraction and punishable as follows:
Upon the first offense, punishable by a fine of $100.00
Upon the second offense, punishable by a fine of up to $300.00
Upon any third or subsequent offense, the violation may be prosecuted as a misdemeanor punishable by a $1,000.00 fine and/or up to 10 days in county jail, Sheriff's Work Project, or Community service
Any person, company, or other entity cited for the first time for non-compliance of either section 1, 1a, or 2 of this section shall be given an opportunity to resolve the infraction by providing proof of compliance within two weeks of the citation to the jurisdiction administrating said infraction
Upon any conviction of a third offense, the county district attorney shall refer the case information to the investigative divisions of any public social services or benefit providers that agency sees fit for the purposes of recording and cross-checking for any misuse or concurrent use of public benefits and to aid in the collection of leins or court ordered support:
Upon any conviction for a third offense, the Sacramento County District Attorney shall place the convicted person's or business entities' information on public record, and make that record publicly available to aid any person or other public entities in the search for suspects evading wants and warrants, child support responsibilities, or to generally examine them for misuse of any public benefits.
Said information shall include, but not be limited to the following:
Violators first, last, and middle names where available
Photograph of violator
Business names associated with violator
Upon conviction of any third offense of section 1, 1a, or 2 of this section, and where the subject of the citation is also found to be in violation of two or more of the following:
a) Sacramento county Business licensing laws
b) Operating a vehicle while being an unlicensed driver
c) Operating a vehicle to transport employees or prospective ones without proof of vehicle insurance
The county district attorney, County sheriff, or other authorized agency may use County or state nuisance abatement codes to initiate siezure of any vehicle used in the commission of cited offenses
Any siezures of vehicles or other property pursuant to this section under any nuisance abatement code shall provide an opportunity for an innocent vehicle owner not involved in the offenses described to retrieve seized vehicles for the payment of a maximum 100.00 fine, or be given opportunity to abate the fine entirely upon presentation of evidence that the owner had no knowledge that their property would be used in the capacity that the siezure was initiated for, or no meaninful opportunity to prevent the nuisance in advance
 
Any violation of section 3 of this section may be punishable as follows:
upon the first offense, a fine not to exceed $100.00
upon any second offense, a fine not to exceed $400.00
upon any third offense, $600.00 fine
This County code does not apply to:
1) An employment agency currently licensed under any of the provisions of the California state Business and Professions Code, the California State Labor Code, or the California Department of Consumer Affairs.
2)A labor provider, temporary staffing company, or personnel agency currently licensed under any part of the California Labor Code, the California Business and Professions Code, or the Department of Consumer affairs.
3) Any person, employee, prospective employee, applicant, or person soliciting or awaiting employment while on the premisis, property, or licensed business location of either 1) or 2) above
 
__________________________________________________ _______________________________________________


CALIFORNIA CODES
LABOR CODE
SECTION 3700-3709.5




3700. Every employer except the state shall secure the payment of
compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one
or more insurers duly authorized to write compensation insurance in
this state.
(b) By securing from the Director of Industrial Relations a
certificate of consent to self-insure either as an individual
employer, or as one employer in a group of employers, which may be
given upon furnishing proof satisfactory to the Director of
Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees.
(c) For any county, city, city and county, municipal corporation,
public district, public agency, or any political subdivision of the
state, including each member of a pooling arrangement under a joint
exercise of powers agreement (but not the state itself), by securing
from the Director of Industrial Relations a certificate of consent to
self-insure against workers' compensation claims, which certificate
may be given upon furnishing proof satisfactory to the director of
ability to administer workers' compensation claims properly, and to
pay workers' compensation claims that may become due to its
employees. On or before March 31, 1979, a political subdivision of
the state which, on December 31, 1978, was uninsured for its
liability to pay compensation, shall file a properly completed and
executed application for a certificate of consent to self-insure
against workers' compensation claims. The certificate shall be
issued and be subject to the provisions of Section 3702.
For purposes of this section, "state" shall include the superior
courts of California.



3700.1. As used in this article:
(a) "Director" means the Director of Industrial Relations.
(b) "Private self-insurer" means a private employer which has
secured the payment of compensation pursuant to Section 3701.
(c) "Insolvent self-insurer" means a private self-insurer who has
failed to pay compensation and whose security deposit has been called
by the director pursuant to Section 3701.5.
(d) "Fund" means the Self-Insurers' Security Fund established
pursuant to Section 3742.
(e) "Trustees" means the Board of Trustees of the Self-Insurers'
Security Fund.
(f) "Member" means a private self-insurer which participates in
the Self-Insurers' Security Fund.
(g) "Incurred liabilities for the payment of compensation" means
the sum of an estimate of future compensation, as compensation is
defined by Section 3207, plus an estimate of the amount necessary to
provide for the administration of claims, including legal costs.


3550. (a) Every employer subject to the compensation provisions of
this division shall post and keep posted in a conspicuous location
frequented by employees, and where the notice may be easily read by
employees during the hours of the workday, a notice that states the
name of the current compensation insurance carrier of the employer,
or when such is the fact, that the employer is self-insured, and who
is responsible for claims adjustment.
(b) Failure to keep any notice required by this section
conspicuously posted shall constitute a misdemeanor, and shall be
prima facie evidence of noninsurance.
(c) This section shall not apply with respect to the employment of
employees as defined in subdivision (d) of Section 3351.
(d) The form and content of the notice required by this section
shall be prescribed by the administrative director, after
consultation with the Commission on Health and Safety and Workers'
Compensation, and shall advise employees that all injuries should be
reported to their employer. The notice shall be easily
understandable. It shall be posted in both English and Spanish where
there are Spanish-speaking employees. The notice shall include the
following information:
(1) How to get emergency medical treatment, if needed.
(2) The kinds of events, injuries, and illnesses covered by
workers' compensation.
(3) The injured employee's right to receive medical care.
(4) The rights of the employee to select and change the treating
physician pursuant to the provisions of Section 4600.
(5) The rights of the employee to receive temporary disability
indemnity, permanent disability indemnity, supplemental job
displacement, and death benefits, as appropriate.
(6) To whom injuries should be reported.
(7) The existence of time limits for the employer to be notified
of an occupational injury.
(8) The protections against discrimination provided pursuant to
Section 132a.
(9) The Internet Web site address and contact information that
employees may use to obtain further information about the workers'
compensation claims process and an injured employee's rights and
obligations, including the location and telephone number of the
nearest information and assistance officer.
(e) Failure of an employer to provide the notice required by this
section shall automatically permit the employee to be treated by his
or her personal physician with respect to an injury occurring during
that failure.
(f) The form and content of the notice required to be posted by
this section shall be made available to self-insured employers and
insurers by the administrative director. Insurers shall provide this
notice to each of their policyholders, with advice concerning the
requirements of this section and the penalties for a failure to post
this notice.



3551. (a) Every employer subject to the compensation provisions of
this code, except employers of employees defined in subdivision (d)
of Section 3351, shall give every new employee, either at the time
the employee is hired or by the end of the first pay period, written
notice of the information contained in Section 3550. The content of
the notice required by this section shall be prescribed by the
administrative director after consultation with the Commission on
Health and Safety and Workers' Compensation.
(b) The notice required by this section shall be easily
understandable and available in both English and Spanish. In addition
to the information contained in Section 3550, the content of the
notice required by this section shall include:
(1) Generally, how to obtain appropriate medical care for a job
injury.
(2) The role and function of the primary treating physician.
(3) A form that the employee may use as an optional method for
notifying the employer of the name of the employee's "personal
physician," as defined by Section 4600, or "personal chiropractor,"
as defined by Section 4601.
(c) The content of the notice required by this section shall be
made available to employers and insurers by the administrative
director. Insurers shall provide this notice to each of their
policyholders, with advice concerning the requirements of this
section and the penalties for a failure to provide this notice to all
employees.



3553. Every employer subject to the compensation provisions of this
code shall give any employee who is a victim of a crime that
occurred at the employee's place of employment written notice that
the employee is eligible for workers' compensation for injuries,
including psychiatric injuries, that may have resulted from the place
of employment crime. The employer shall provide this notice, either
personally or by first-class mail, within one working day of the
place of employment crime, or within one working day of the date the
employer reasonably should have known of the crime.




------------------------------------------------------------------------------

LABOR CODE
SECTION 2750-2752





2750. The contract of employment is a contract by which one, who is
called the employer, engages another, who is called the employee, to
do something for the benefit of the employer or a third person.



2750.5. There is a rebuttable presumption affecting the burden of
proof that a worker performing services for which a license is
required pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, or who is performing
such services for a person who is required to obtain such a license
is an employee rather than an independent contractor. Proof of
independent contractor status includes satisfactory proof of these
factors:
(a) That the individual has the right to control and discretion as
to the manner of performance of the contract for services in that
the result of the work and not the means by which it is accomplished
is the primary factor bargained for.
(b) That the individual is customarily engaged in an independently
established business.
(c) That the individual's independent contractor status is bona
fide and not a subterfuge to avoid employee status. A bona fide
independent contractor status is further evidenced by the presence of
cumulative factors such as substantial investment other than
personal services in the business, holding out to be in business for
oneself, bargaining for a contract to complete a specific project for
compensation by project rather than by time, control over the time
and place the work is performed, supplying the tools or
instrumentalities used in the work other than tools and
instrumentalities normally and customarily provided by employees,
hiring employees, performing work that is not ordinarily in the
course of the principal's work, performing work that requires a
particular skill, holding a license pursuant to the Business and
Professions Code, the intent by the parties that the work
relationship is of an independent contractor status, or that the
relationship is not severable or terminable at will by the principal
but gives rise to an action for breach of contract.
In addition to the factors contained in subdivisions (a), (b), and
(c), any person performing any function or activity for which a
license is required pursuant to Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code shall hold a
valid contractors' license as a condition of having independent
contractor status.
For purposes of workers' compensation law, this presumption is a
supplement to the existing statutory definitions of employee and
independent contractor, and is not intended to lessen the coverage of
employees under Division 4 and Division 5.



2750.6. There is a rebuttable presumption affecting the burden of
proof that a physician and surgeon, licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
who enters into a contract for the performance of health services on
behalf of a licensed primary care clinic, as defined in paragraph (1)
of subdivision (a) of Section 1204 of the Health and Safety Code, is
an independent contractor rather than an employee. Nothing in this
section shall authorize the employment of a physician and surgeon to
provide professional services when the employment would violate any
other provision of law.



2751. Whenever any employer who has no permanent and fixed place of
business in this State enters into a contract of employment with an
employee for services to be rendered within this State and the
contemplated method of payment of the employee involves commissions,
the contract shall be in writing and shall set forth the method by
which the commissions shall be computed and paid.
The employer shall give a signed copy of each such contract to
every employee who is a party thereto and shall obtain a signed
receipt for the contract from each employee.
As used in this section, "commissions" does not include short term
productivity bonuses such as are paid to retail clerks; and it does
not include bonus and profit-sharing plans, unless there has been an
offer by the employer to pay a fixed percentage of sales or profits
as compensation for work to be performed.




2752. Any employer who does not employ an employee pursuant to a
written contract as required by Section 2751 shall be liable to the
employee in a civil action for triple damages.


--------------------------------------------------------------------------

Last edited by admin; 05-29-2012 at 09:22 AM.
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  #4  
Old 06-08-2012, 09:44 PM
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Ayatollahgondola Ayatollahgondola is offline
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This coming tuesday, June 12th is the presentation before the Sac County Board of Supervisors. They have us listed on the agenda as item #63 at 11:15 Here's a link to the agenda item:
http://www.agendanet.saccounty.net/s...doctype=AGENDA

And here's a link to the material submitted:
http://www.agendanet.saccounty.net/s...fileid=5726262
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Old 06-14-2012, 08:42 AM
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Ayatollahgondola Ayatollahgondola is offline
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OK, so the proposed ordinance was offered for consideration before the board. They declined to discuss it really. I'm not at all surprised, because this is not something they want exposed. The link below is to the board meeting video. Once you follow that link, scroll the window on the left where the agenda items are to item #63, and it will take you to the video portion of our presentation.

http://www.agendanet.saccounty.net/s...doctype=AGENDA

I didn't expect great things from this at the outset. This is the beginning of the effort to get this adopted as code, not the end.
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Old 06-14-2012, 12:15 PM
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Ayatollahgondola Ayatollahgondola is offline
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Local free print and online weekly interviewed me prior to the BOS meeting. As usual, it turned out to be a hostile propaganda and attack piece

http://www.newsreview.com/sacramento...nt?oid=6300880
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Old 06-15-2012, 03:56 AM
wetibbe wetibbe is offline
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Default Good Luck

I'll confess that I didn't read the entire proposed ordinance word for word, only perused it.

Good try but there are some aspects that appear to be obstacles.

* The NIH factor, not invented here - in the legislature/council.

* So long as we have an administration in DC that is so hostile to law enforcement, it has to be expected that any Village, Town, City that tries to do anything about illegal immigration, the screams or racism and civil rights will issue forth from our DOJ who will sue and from attacks by the ACLU and MALDEF.

Just a thought. You may try - http://irli.org/. That's FAIR's legal branch. They offer legal help.

Try Michael Hethmon.

Last edited by wetibbe; 06-15-2012 at 04:04 AM.
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