7280. This act shall be known and may be cited as the "Burton-Stull
Vietnam Veterans Employment Act."
7280.1. The Legislature hereby finds and declares that the
employment of veterans of the Vietnam conflict after their separation
from the armed forces is of prime public concern, and that to
encourage employers in the private sector to hire such veterans, this
chapter has been enacted.
7280.2. For the purposes of this chapter "veteran" means any person
(1) who served in the active military, naval, or air service of the
United States for a period not less than 90 consecutive days or was
discharged from the service due to a service-connected disability
within such 90-day period, any portion of which was on or after
August 5, 1964, and prior to a future date to be established by
Proclamation of the Governor, (2) who was honorably discharged from
the military service, and (3) who was, at the time of his entry into
active duty, a native of or a bona fide resident of this state, or
who, if a minor at such time, entered active duty while in the State
of California and had lived in this state for six months immediately
preceding his entry into active duty.
7280.3. Each employer in private employment who hires an unemployed
veteran of the Vietnam conflict at not less than the then-current
federal minimum wage, or not less than the prevailing wage rate for
the industry and occupation at that time, whichever is higher, shall
be reimbursed by the state, pursuant to this chapter, in an amount
equal to 50 percent of the cost to the employer for any salary or
wages paid to such veteran. The maximum duration of the
reimbursements to employers provided for by this section shall be 18
months for each veteran employed.
7280.4. Such payments for reimbursement pursuant to Section 7280.3
shall be made to an employer who hires such a veteran as soon as
possible after the veteran commences training.
7280.6. The provisions of this chapter shall be administered by,
and payments shall be disbursed through, the Department of Employment
Development, in addition to any other functions or duties which are
imposed upon it by law.
7280.8. The Director of the Department of Employment Development,
or his designee, shall certify to employers such veterans as
certified trainees under this chapter as he or his designee shall
deem to be qualified for training in employment by such employer. The
director or his designee, when certifying trainees to employers,
shall make every effort to insure that at least 50 percent of the
certified trainees reside in economically disadvantaged areas, as
such term is defined in Section 9111 of the Unemployment Insurance
Code.
7280.9. (a) For the purposes of this chapter, "certified trainee"
means a person who both (1) meets the criteria of Section 7280.2 and
(2) has entered into a written agreement called an "apprentice
agreement" or a "trainee agreement" with a program sponsor to train
under the provisions of such apprenticeship or training standards as
are approved under Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code.
(b) Training standards shall be developed in accordance with
Chapter 4 (commencing with Section 3070) of Division 3 of the Labor
Code and Chapter 2 (commencing with Section 200) of Title 8 of the
California Administrative Code.
7281. No veteran shall be certified under Section 7280.8 if any of
the following occur:
(a) The director or his designee finds that the employer does not
have a reasonable expectation of at least six months continuous
full-time employment for each certified trainee certified to him.
(b) The director or his designee finds that there is reasonable
cause to believe that the employer will demote, discharge, or lay off
persons now employed by him and replace such persons with certified
trainees.
(c) The employer is engaged in a labor dispute.
(d) The employment of certified trainees by the employer would
constitute a breach of a collective bargaining agreement entered into
by the employer.
(e) The director or his designee finds that there is no
substantial likelihood that the employment offered by the employer to
the certified trainee will result in either substantially permanent
full-time employment or an upgrading of the certified trainee's job
skills to a level at which reasonably permanent full-time employment
may be expected to be available to him in the community.
(f) The director or his designee finds that, as to any person or
class of persons or employer or class of employers to whom eligible
veterans may otherwise be certified as certified trainees, such
certification would result in any of the following:
(1) Employment involving any condition of wages, hours, conditions
of employment, or safety prohibited by law or by a collective
bargaining agreement entered into by the employer.
(2) A surplus of persons who will be unemployed as a result of
such certification.
(3) The unlawful employment of minors or the violation of any laws
relating to compulsory school attendance.
(4) Detriment to the health or welfare of any person.
(5) When it is found that the existing prevailing conditions in
the area and industry would in any way be lowered or adversely
affected.
(g) The employer is a party to any contract or agreement to
receive federal reimbursement for training the individual veteran.
The director may, pursuant to Chapter 4.5 (commencing with Section
11371) of Part 1 of Division 3 of Title 2 of this code, make all
necessary and reasonable regulations to prevent any abuses of the
reimbursement program established under this chapter and for the
administration of this section and Section 7280.8, and may obtain the
assistance of any public or private agencies in finding and
encouraging suitable employers to offer employment pursuant to this
chapter.
7281.2. No employer may receive any reimbursement for costs
specified in this chapter if the veteran whom he hires as a trainee
is a person whom the employer had previously employed, or a member of
the employer's immediate family or related within the first degree.
7281.4. Such portion of the funds appropriated each year by the
Legislature for the purposes of this chapter as the Director of the
Department of Employment Development shall determine may be used for
advertising and mailing costs to inform employers in the state of the
provisions of this chapter and any other programs for unemployed
Vietnam veterans.
7280. This act shall be known and may be cited as the "Burton-Stull
Vietnam Veterans Employment Act."
7280.1. The Legislature hereby finds and declares that the
employment of veterans of the Vietnam conflict after their separation
from the armed forces is of prime public concern, and that to
encourage employers in the private sector to hire such veterans, this
chapter has been enacted.
7280.2. For the purposes of this chapter "veteran" means any person
(1) who served in the active military, naval, or air service of the
United States for a period not less than 90 consecutive days or was
discharged from the service due to a service-connected disability
within such 90-day period, any portion of which was on or after
August 5, 1964, and prior to a future date to be established by
Proclamation of the Governor, (2) who was honorably discharged from
the military service, and (3) who was, at the time of his entry into
active duty, a native of or a bona fide resident of this state, or
who, if a minor at such time, entered active duty while in the State
of California and had lived in this state for six months immediately
preceding his entry into active duty.
7280.3. Each employer in private employment who hires an unemployed
veteran of the Vietnam conflict at not less than the then-current
federal minimum wage, or not less than the prevailing wage rate for
the industry and occupation at that time, whichever is higher, shall
be reimbursed by the state, pursuant to this chapter, in an amount
equal to 50 percent of the cost to the employer for any salary or
wages paid to such veteran. The maximum duration of the
reimbursements to employers provided for by this section shall be 18
months for each veteran employed.
7280.4. Such payments for reimbursement pursuant to Section 7280.3
shall be made to an employer who hires such a veteran as soon as
possible after the veteran commences training.
7280.6. The provisions of this chapter shall be administered by,
and payments shall be disbursed through, the Department of Employment
Development, in addition to any other functions or duties which are
imposed upon it by law.
7280.8. The Director of the Department of Employment Development,
or his designee, shall certify to employers such veterans as
certified trainees under this chapter as he or his designee shall
deem to be qualified for training in employment by such employer. The
director or his designee, when certifying trainees to employers,
shall make every effort to insure that at least 50 percent of the
certified trainees reside in economically disadvantaged areas, as
such term is defined in Section 9111 of the Unemployment Insurance
Code.
7280.9. (a) For the purposes of this chapter, "certified trainee"
means a person who both (1) meets the criteria of Section 7280.2 and
(2) has entered into a written agreement called an "apprentice
agreement" or a "trainee agreement" with a program sponsor to train
under the provisions of such apprenticeship or training standards as
are approved under Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code.
(b) Training standards shall be developed in accordance with
Chapter 4 (commencing with Section 3070) of Division 3 of the Labor
Code and Chapter 2 (commencing with Section 200) of Title 8 of the
California Administrative Code.
7281. No veteran shall be certified under Section 7280.8 if any of
the following occur:
(a) The director or his designee finds that the employer does not
have a reasonable expectation of at least six months continuous
full-time employment for each certified trainee certified to him.
(b) The director or his designee finds that there is reasonable
cause to believe that the employer will demote, discharge, or lay off
persons now employed by him and replace such persons with certified
trainees.
(c) The employer is engaged in a labor dispute.
(d) The employment of certified trainees by the employer would
constitute a breach of a collective bargaining agreement entered into
by the employer.
(e) The director or his designee finds that there is no
substantial likelihood that the employment offered by the employer to
the certified trainee will result in either substantially permanent
full-time employment or an upgrading of the certified trainee's job
skills to a level at which reasonably permanent full-time employment
may be expected to be available to him in the community.
(f) The director or his designee finds that, as to any person or
class of persons or employer or class of employers to whom eligible
veterans may otherwise be certified as certified trainees, such
certification would result in any of the following:
(1) Employment involving any condition of wages, hours, conditions
of employment, or safety prohibited by law or by a collective
bargaining agreement entered into by the employer.
(2) A surplus of persons who will be unemployed as a result of
such certification.
(3) The unlawful employment of minors or the violation of any laws
relating to compulsory school attendance.
(4) Detriment to the health or welfare of any person.
(5) When it is found that the existing prevailing conditions in
the area and industry would in any way be lowered or adversely
affected.
(g) The employer is a party to any contract or agreement to
receive federal reimbursement for training the individual veteran.
The director may, pursuant to Chapter 4.5 (commencing with Section
11371) of Part 1 of Division 3 of Title 2 of this code, make all
necessary and reasonable regulations to prevent any abuses of the
reimbursement program established under this chapter and for the
administration of this section and Section 7280.8, and may obtain the
assistance of any public or private agencies in finding and
encouraging suitable employers to offer employment pursuant to this
chapter.
7281.2. No employer may receive any reimbursement for costs
specified in this chapter if the veteran whom he hires as a trainee
is a person whom the employer had previously employed, or a member of
the employer's immediate family or related within the first degree.
7281.4. Such portion of the funds appropriated each year by the
Legislature for the purposes of this chapter as the Director of the
Department of Employment Development shall determine may be used for
advertising and mailing costs to inform employers in the state of the
provisions of this chapter and any other programs for unemployed
Vietnam veterans.
7280. This act shall be known and may be cited as the "Burton-Stull
Vietnam Veterans Employment Act."
7280.1. The Legislature hereby finds and declares that the
employment of veterans of the Vietnam conflict after their separation
from the armed forces is of prime public concern, and that to
encourage employers in the private sector to hire such veterans, this
chapter has been enacted.
7280.2. For the purposes of this chapter "veteran" means any person
(1) who served in the active military, naval, or air service of the
United States for a period not less than 90 consecutive days or was
discharged from the service due to a service-connected disability
within such 90-day period, any portion of which was on or after
August 5, 1964, and prior to a future date to be established by
Proclamation of the Governor, (2) who was honorably discharged from
the military service, and (3) who was, at the time of his entry into
active duty, a native of or a bona fide resident of this state, or
who, if a minor at such time, entered active duty while in the State
of California and had lived in this state for six months immediately
preceding his entry into active duty.
7280.3. Each employer in private employment who hires an unemployed
veteran of the Vietnam conflict at not less than the then-current
federal minimum wage, or not less than the prevailing wage rate for
the industry and occupation at that time, whichever is higher, shall
be reimbursed by the state, pursuant to this chapter, in an amount
equal to 50 percent of the cost to the employer for any salary or
wages paid to such veteran. The maximum duration of the
reimbursements to employers provided for by this section shall be 18
months for each veteran employed.
7280.4. Such payments for reimbursement pursuant to Section 7280.3
shall be made to an employer who hires such a veteran as soon as
possible after the veteran commences training.
7280.6. The provisions of this chapter shall be administered by,
and payments shall be disbursed through, the Department of Employment
Development, in addition to any other functions or duties which are
imposed upon it by law.
7280.8. The Director of the Department of Employment Development,
or his designee, shall certify to employers such veterans as
certified trainees under this chapter as he or his designee shall
deem to be qualified for training in employment by such employer. The
director or his designee, when certifying trainees to employers,
shall make every effort to insure that at least 50 percent of the
certified trainees reside in economically disadvantaged areas, as
such term is defined in Section 9111 of the Unemployment Insurance
Code.
7280.9. (a) For the purposes of this chapter, "certified trainee"
means a person who both (1) meets the criteria of Section 7280.2 and
(2) has entered into a written agreement called an "apprentice
agreement" or a "trainee agreement" with a program sponsor to train
under the provisions of such apprenticeship or training standards as
are approved under Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code.
(b) Training standards shall be developed in accordance with
Chapter 4 (commencing with Section 3070) of Division 3 of the Labor
Code and Chapter 2 (commencing with Section 200) of Title 8 of the
California Administrative Code.
7281. No veteran shall be certified under Section 7280.8 if any of
the following occur:
(a) The director or his designee finds that the employer does not
have a reasonable expectation of at least six months continuous
full-time employment for each certified trainee certified to him.
(b) The director or his designee finds that there is reasonable
cause to believe that the employer will demote, discharge, or lay off
persons now employed by him and replace such persons with certified
trainees.
(c) The employer is engaged in a labor dispute.
(d) The employment of certified trainees by the employer would
constitute a breach of a collective bargaining agreement entered into
by the employer.
(e) The director or his designee finds that there is no
substantial likelihood that the employment offered by the employer to
the certified trainee will result in either substantially permanent
full-time employment or an upgrading of the certified trainee's job
skills to a level at which reasonably permanent full-time employment
may be expected to be available to him in the community.
(f) The director or his designee finds that, as to any person or
class of persons or employer or class of employers to whom eligible
veterans may otherwise be certified as certified trainees, such
certification would result in any of the following:
(1) Employment involving any condition of wages, hours, conditions
of employment, or safety prohibited by law or by a collective
bargaining agreement entered into by the employer.
(2) A surplus of persons who will be unemployed as a result of
such certification.
(3) The unlawful employment of minors or the violation of any laws
relating to compulsory school attendance.
(4) Detriment to the health or welfare of any person.
(5) When it is found that the existing prevailing conditions in
the area and industry would in any way be lowered or adversely
affected.
(g) The employer is a party to any contract or agreement to
receive federal reimbursement for training the individual veteran.
The director may, pursuant to Chapter 4.5 (commencing with Section
11371) of Part 1 of Division 3 of Title 2 of this code, make all
necessary and reasonable regulations to prevent any abuses of the
reimbursement program established under this chapter and for the
administration of this section and Section 7280.8, and may obtain the
assistance of any public or private agencies in finding and
encouraging suitable employers to offer employment pursuant to this
chapter.
7281.2. No employer may receive any reimbursement for costs
specified in this chapter if the veteran whom he hires as a trainee
is a person whom the employer had previously employed, or a member of
the employer's immediate family or related within the first degree.
7281.4. Such portion of the funds appropriated each year by the
Legislature for the purposes of this chapter as the Director of the
Department of Employment Development shall determine may be used for
advertising and mailing costs to inform employers in the state of the
provisions of this chapter and any other programs for unemployed
Vietnam veterans.
