California Labor Code Section 1071

CA Labor Code § 1071 (2017)  

The following definitions apply to this chapter:

(a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California.

(b) “Bidder” means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract.

(c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority.

(d) “Employee” means any individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)).

(e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.

(f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service.

(g) “Service contract” means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees.

(h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code.

(i) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers.

(Amended by Stats. 2016, Ch. 874, Sec. 3. (AB 1669) Effective January 1, 2017.)

Last modified: October 25, 2018