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Business and Professions Code - BPC - BPC § 7451
Business and Professions Code - BPC - BPC § 7451
Protecting Independence. Notwithstanding any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance Code, and any orders, regulations, or opinions of the Department of Industrial Relations or any board, division, or commission within the
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Business and Professions Code - BPC - BPC § 7452
Business and Professions Code - BPC - BPC § 7452
Contract and Termination Provisions. (a) A network company and an app-based driver shall enter into a written agreement prior to the driver receiving access to the network company’s online-enabled application or platform. (b) A network company shall not terminate a contract with
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Business and Professions Code - BPC - BPC § 7452.5
Business and Professions Code - BPC - BPC § 7452.5
Independence Unaffected. Nothing in Article 3 (commencing with Section 7453) to Article 11 (commencing with Section 7467), inclusive, of this chapter shall be interpreted to in any way alter the relationship between a network company and an app-based driver for whom the condition
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Business and Professions Code - BPC - BPC § 7453
Business and Professions Code - BPC - BPC § 7453
Earnings Guarantee. (a) A network company shall ensure that for each earnings period, an app-based driver is compensated at not less than the net earnings floor as set forth in this section. The net earnings floor establishes a guaranteed minimum level of compensation for app-bas
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Business and Professions Code - BPC - BPC § 7454
Business and Professions Code - BPC - BPC § 7454
Healthcare Subsidy. (a) Consistent with the average contributions required under the Affordable Care Act (ACA), a network company shall provide a quarterly health care subsidy to qualifying app-based drivers as set forth in this section. An app-based driver that averages the foll
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Business and Professions Code - BPC - BPC § 7455
Business and Professions Code - BPC - BPC § 7455
Loss and Liability Protection. No network company shall operate in California for more than 90 days unless the network company carries, provides, or otherwise makes available the following insurance coverage: (a) For the benefit of app-based drivers, occupational accident insuran
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Business and Professions Code - BPC - BPC § 7456
Business and Professions Code - BPC - BPC § 7456
Antidiscrimination. (a) It is an unlawful practice, unless based upon a bona fide occupational qualification or public or app-based driver safety need, for a network company to refuse to contract with, terminate the contract of, or deactivate from the network company’s online-ena
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Business and Professions Code - BPC - BPC § 7457
Business and Professions Code - BPC - BPC § 7457
Sexual Harassment Prevention. (a) A network company shall develop a sexual harassment policy intended to protect app-based drivers and members of the public using rideshare services or delivery services. The policy shall be available on the network company’s internet website. The
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Business and Professions Code - BPC - BPC § 7458
Business and Professions Code - BPC - BPC § 7458
Criminal Background Checks. (a) A network company shall conduct, or have a third party conduct, an initial local and national criminal background check for each app-based driver who uses the network company’s online-enabled application or platform to provide rideshare services or
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Business and Professions Code - BPC - BPC § 7459
Business and Professions Code - BPC - BPC § 7459
Safety Training. (a) A network company shall require an app-based driver to complete the training described in this section prior to allowing the app-based driver to utilize the network company’s online-enabled application or platform. (b) A network company shall provide each app
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Business and Professions Code - BPC - BPC § 7460
Business and Professions Code - BPC - BPC § 7460
Zero Tolerance Policies. (a) A network company shall institute a “zero tolerance policy” that mandates prompt suspension of an app-based driver’s access to the network company’s online-enabled application or platform in any instance in which the network company receives a report
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Business and Professions Code - BPC - BPC § 7460.5
Business and Professions Code - BPC - BPC § 7460.5
A network company shall make continuously and exclusively available to law enforcement a mechanism to submit requests for information to aid in investigations related to emergency situations, exigent circumstances, and critical incidents.
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Business and Professions Code - BPC - BPC § 7461
Business and Professions Code - BPC - BPC § 7461
App-based Driver Rest. An app-based driver shall not be logged in and driving on a network company’s online-enabled application or platform for more than a cumulative total of 12 hours in any 24-hour period, unless that driver has already logged off for an uninterrupted period of
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Business and Professions Code - BPC - BPC § 7462
Business and Professions Code - BPC - BPC § 7462
Impersonating an App-Based Driver. Any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare or delivery services shall be guilty of a misdemeanor, and is punishable by imprisonment in a county jail for up to six months, or a
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Business and Professions Code - BPC - BPC § 7463
Business and Professions Code - BPC - BPC § 7463
For purposes of this chapter, the following definitions shall apply: (a) “App-based driver” means an individual who is a DNC courier, TNC driver, or TCP driver or permit holder; and for whom the conditions set forth in subdivisions (a) to (d), inclusive, of Section 7451 are satis
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Business and Professions Code - BPC - BPC § 7464
Business and Professions Code - BPC - BPC § 7464
(a) The performance of a single rideshare service or delivery service frequently requires an app-based driver to travel across the jurisdictional boundaries of multiple local governments. California has over 500 cities and counties, which can lead to overlapping, inconsistent, an
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Business and Professions Code - BPC - BPC § 7464.5
Business and Professions Code - BPC - BPC § 7464.5
(a) A network company that is acting as a third-party settlement organization shall prepare an information return for each participating payee who is an app-based driver with a California address that has a gross amount of reportable payment transactions equal to or greater than
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Business and Professions Code - BPC - BPC § 7465
Business and Professions Code - BPC - BPC § 7465
(a) After the effective date of this chapter, the Legislature may amend this chapter by a statute passed in each house of the Legislature by rollcall vote entered into the journal, seven-eighths of the membership concurring, provided that the statute is consistent with, and furth
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Business and Professions Code - BPC - BPC § 7466
Business and Professions Code - BPC - BPC § 7466
(a) Emergency regulations may be adopted by Covered California in order to implement and administer subdivisions (c) and (g) of Section 7454. (b) Any emergency regulation adopted pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 113
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Business and Professions Code - BPC - BPC § 7467
Business and Professions Code - BPC - BPC § 7467
(a) Subject to subdivision (b), the provisions of this chapter are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this chapter is for any reason held to be invalid by a decision of any court of competent jurisdiction,
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Business and Professions Code - BPC - BPC § 7470
Business and Professions Code - BPC - BPC § 7470
This chapter shall be known, and may be cited as, the Transportation Network Company Drivers Labor Relations Act.
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Business and Professions Code - BPC - BPC § 7470.1
Business and Professions Code - BPC - BPC § 7470.1
(a) It is the policy of the State of California to encourage and protect the right of transportation network company drivers to full freedom of association, self-organization, and designation of representatives of their own choosing to negotiate the compensation that they receive
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Business and Professions Code - BPC - BPC § 7470.10
Business and Professions Code - BPC - BPC § 7470.10
Once the board determines that a TNC driver organization is the certified driver bargaining organization for the bargaining unit, the board shall notify all covered TNCs, and all covered TNCs as defined in subdivision (e) of Section 7470.2 shall be required to bargain with the ce
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Business and Professions Code - BPC - BPC § 7470.11
Business and Professions Code - BPC - BPC § 7470.11
For purposes of this chapter, the term “scope of representation” shall mean TNC driver earnings, benefits, and other terms and conditions of work, including deactivations, which shall be mandatory subjects of bargaining.
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Business and Professions Code - BPC - BPC § 7470.12
Business and Professions Code - BPC - BPC § 7470.12
Each individual covered TNC shall retain exclusive control over the development, maintenance, design, pricing, and implementation of its product and product features, software, contract terms, algorithm, and operations and areas of service.