Cal. Pub. Contract Code § 10510.51

Current through the 2024 Legislative Session.

Section 10510.51 - Definitions

As used in this article:

(a) "Aggrieved employee" means either of the following:

(1) An employee against whom one or more alleged violations of this article was committed.

(2) A university employee coworker of an employee against whom one or more alleged violations of this article was committed who performs services for the university at or for the same university location or department as the employee.

(b) "Basic payroll information" means, for each vendor-supplied employee who performed services at any time during the preceding six-month period, the following information:

(1) The employee's full name, job title, mobile telephone number, email address, and home address.

(2) Work location while performing services for the university.

(3) The employee's hourly rate of pay while performing services for the university for each applicable pay period during the preceding six-month period.

(4) The hourly value of employer-provided benefits, if any, received by the employee while performing services for the university for each applicable pay period during the preceding six-month period.

(5) The employee's hours of work while performing services for the university for each applicable pay period during the six-month period.

(c) "Contract" includes any written instrument, purchase order, change order, order, requisition, service agreement, or other written or electronic document, however titled, reflecting an agreement that the vendor will perform services or supply the university with employees to perform services in exchange for payment.

(d) "Employee" includes any contract worker, or individual employed by any vendor, or otherwise supplied to the university by any vendor, to perform services for the university. "Employee" also includes an individual treated by either the vendor, a subcontractor, or the university as an independent contractor. "Employee" does not include any individual who is a parent, spouse, child, or legally adopted child of the employer, any sole proprietor, or any individual with an ownership interest of 5 percent or more in the vendor.

(e) "Employer" means any person, as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person.

(f) "Hourly value of employer-provided benefits" means the employer's actual cost for the employee's benefits, including, but not limited to, retirement, health, dental, vision, and life and disability benefits calculated as an hourly dollar amount. It does not include any paid time off or any payroll expenses required by law. For any employee who does not receive employer-provided benefits, the following shall apply:

(1) For health, dental, or vision benefits, the value of those benefits is the value of the health, dental, or vision benefits offered to an employee if all of the following are true:

(A) The employee is not a Medi-Cal beneficiary.

(B) The employee is offered but does not elect to receive employer-provided health, dental, or vision benefits.

(C) The employee would receive benefits equivalent to benefits provided to university employees performing the same work.

(2) For health, dental, or vision benefits, if the requirements of paragraph (1) are not met, the hourly value is zero dollars ($0).

(3) For all other employer-provided benefits, if an employee does not receive the benefit, for whatever reason, the hourly value is zero dollars ($0).

(g) "Joint labor-management committee" includes any joint labor-management committee or similar meeting body or committee established jointly by the university and the exclusive representative of university employees who perform the same or similar services as the employees performing services for the university.

(h) "Services" means work that is subject to university policy. "Services" includes services that have been customarily performed by bargaining unit employees of the university, including, but not limited to, the following services: cleaning, custodial, janitorial, or housekeeping services; food services; laundry services; grounds keeping; nonskilled crafts building maintenance; transportation and parking services; security services; billing and coding services; sterile processing; hospital and nursing assistant services; respiratory therapy; and medical imaging services. "Services" does not include financial investment or retirement planning advice, retirement plan recordkeeping, or asset management.

(i) "Subcontractor" means any person, employer, supplier of labor, staffing agency, temporary services employer, or other entity that performs services for the university or supplies employees to perform services, pursuant to a contract with a vendor.

(j) "Total compensation rate" means the employee's hourly rate of pay plus the hourly value of employer-provided benefits, or the equivalent compensation.

(k) "University" means the University of California.

(l) "University policy" means a policy or collective bargaining agreement adopted or approved by the university that requires vendors to provide employees wages and benefits of equivalent value to the wages and benefits provided to university employees performing the same work.

(m) "Vendor" means contractor and includes any person, employer, supplier of labor, staffing agency, temporary services employer, labor broker, management services provider, or other entity that contracts with the university to provide services or to supply the university with its own employees or those of a subcontractor to perform services. "Vendor" also means any person acting either individually or as an officer, agent, or employee of a vendor. "Vendor" does not include a contractor in the construction industry. For purposes of this subdivision, "contractor in the construction industry" means an employer that provides work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

Ca. Pub. Cont. Code § 10510.51

Added by Stats 2023 ch 480 (SB 27),s 1, eff. 1/1/2024.