California Labor Code 1071 – The following definitions apply to this chapter:(a) “Awarding …
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.
Terms Used In California Labor Code 1071
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes "city and county. See California Labor Code 14
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(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. § 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 § 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.)