Expands jobless benefits for motion picture workers

Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Unemployment compensation benefits are paid from the Unemployment Fund, which is continuously appropriated for this purpose.

Existing law defines “employment,” for purposes of determining eligibility for unemployment compensation benefits, to mean service, including service in interstate commerce, performed by an employee for wages under any contract of hire, written or oral, express or implied. Existing law provides that employment includes an individual’s entire service, performed within, or both within and without this state, if the service is either (1) localized in the state, or (2) not localized in the state, some of the service is performed in the state and one of 2 requirements are met, including that the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual’s residence is in this state.

The bill would provide, for purposes of determining employment of a motion picture production worker when the service is not localized in the state but some of the service is performed in the state, that the worker’s entire service qualifies as employment if their residence is in the state.

Existing law provides that as individual’s service is localized in a state for purposes of unemployment compensation benefits as described above, if the service is either performed entirely within the state or performed within and outside the state and the service outside the state is incidental to the service performed within the state. Existing law further provides that service is incidental for these purposes if it is temporary or transitory in nature, or only consists of isolated transactions.

The bill would provide that service performed by a motion picture production worker outside the state will be considered temporary or transitory for the purposes described above if the worker is a resident of the state, is hired and dispatched from the state, and intends to return to the state to seek reemployment at the conclusion of the assignment outside the state.

The bill would also provide legislative findings and declarations in support of these provisions.

Because this bill would expand the number of persons who are eligible for benefits from the Unemployment Fund, which is a continuously appropriated fund, it would make an appropriation.