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Partners In Propriety SOS program to encourage businesses, government, and private organizations to operate lawfully, and in compliance with all codes and laws |
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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. |
#2
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#3
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So here is the proposed ordinance I wrote. Critique is welcome
Quote:
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. |
#4
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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 |
#5
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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. ![]() |
#6
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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 |
#7
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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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