Ayatollah To Pitch Day Laborer Ordinance At June 12th Supervisors Meeting
Mark your calendars fellow associates:
Our first effort in the Save Our State 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.
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.
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, The California Civil 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, the California Civil 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