This act shall be known and may be cited as the “Burton-Stull Vietnam Veterans Employment Act.”
Chapter 17Employment of Veterans
Section § 7280
This law is officially named the “Burton-Stull Vietnam Veterans Employment Act.”
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Section § 7280.1
This law expresses the California Legislature's concern about helping Vietnam War veterans find jobs after leaving the military. It aims to encourage private sector employers to hire these veterans.
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.
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Section § 7280.2
This California law defines who qualifies as a veteran for certain state purposes. To be considered a veteran, a person must have served in the U.S. military for at least 90 continuous days after August 5, 1964, or been discharged due to a service-related disability during that time. Additionally, the person must have been honorably discharged and either originally come from California or have resided there for at least six months before joining the military if they joined as a minor.
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.
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Section § 7280.3
If a private employer hires an unemployed Vietnam veteran and pays them at least the higher of the federal minimum wage or the prevailing industry wage, the state will reimburse the employer for 50% of the veteran's salary for up to 18 months.
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.
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Section § 7280.4
This law states that employers who hire veterans and are eligible for reimbursement under Section 7280.3 should receive payments as soon as the veteran starts their training.
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.
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Section § 7280.6
This section outlines that the Department of Employment Development is responsible for managing the rules and distributing payments related to this chapter, along with its other legal responsibilities.
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.
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Section § 7280.8
The Director of the Department of Employment Development, or someone they appoint, is responsible for certifying veterans as trainees who are qualified for jobs with employers. When doing this, they should aim to ensure at least half of these certified trainees come from economically disadvantaged areas.
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.
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Section § 7280.9
This law defines a “certified trainee” as someone who meets specific criteria and has a written training agreement with an approved program. The training must follow standards outlined in certain sections of the Labor Code and Administrative Code.
(a)CA Government 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)CA Government Code § 7280.9(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.
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Section § 7281
This California statute outlines the circumstances under which a veteran cannot be certified for training under Section 7280.8. An employer must offer at least six months of full-time employment, cannot replace current employees with trainees, must not be in a labor dispute, and cannot breach any collective bargaining agreement. Also, there needs to be a substantial likelihood that the training leads to permanent employment or skill upgrades for the veteran. Certification is denied if it results in unsafe working conditions, unemployment, unlawful employment of minors, or any adverse effects on community labor conditions. Additionally, the director can set up regulations to prevent abuse of the veteran training reimbursement program and to find suitable employers.
No veteran shall be certified under Section 7280.8 if any of the following occur:
(a)CA Government Code § 7281(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)CA Government Code § 7281(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)CA Government Code § 7281(c) The employer is engaged in a labor dispute.
(d)CA Government Code § 7281(d) The employment of certified trainees by the employer would constitute a breach of a collective bargaining agreement entered into by the employer.
(e)CA Government Code § 7281(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)CA Government Code § 7281(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)CA Government Code § 7281(f)(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)CA Government Code § 7281(f)(2) A surplus of persons who will be unemployed as a result of such certification.
(3)CA Government Code § 7281(f)(3) The unlawful employment of minors or the violation of any laws relating to compulsory school attendance.
(4)CA Government Code § 7281(f)(4) Detriment to the health or welfare of any person.
(5)CA Government Code § 7281(f)(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)CA Government Code § 7281(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.
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Section § 7281.2
This law states that an employer cannot get reimbursed for training costs if the veteran they hire as a trainee is someone they have previously employed, or if the person is a member of their immediate family or a close relative.
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.
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Section § 7281.4
This law allows a part of the money set aside each year by the state government to be used for advertising and mailing. The purpose is to inform employers in California about the rules in this chapter and other programs available for unemployed Vietnam veterans. The decision on how much of the funds to use for this is made by the Director of the Department of Employment Development.
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.
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