California 2021-2022 Regular Session Status: To Executive 2 D cosponsors

AB 857 — Employers: Labor Commissioner: required disclosures.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner. This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations' requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employee's rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 14.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 9. Page 5203.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. Ordered to second reading.

  10. From inactive file.

  11. Ordered to inactive file at the request of Senator Durazo.

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time. Ordered to third reading.

  15. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 13). Re-referred to Com. on APPR.

  17. In committee: Set, second hearing. Hearing canceled at the request of author.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 7). Re-referred to Com. on JUD.

  20. Referred to Coms. on L., P.E. & R. and JUD.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 21. Page 1328.)

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 9. Noes 5.) (April 21).

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on APPR.

  26. Referred to Com. on L. & E.

  27. From printer. May be heard in committee March 20.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 16 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 857 Kalra Concurrence in Senate Amendments

Passed 56 Yea · 14 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 271002
Democratic 27104
Republican 2304
Total 5614010
% of votes cast 70%18%0%13%
How each member voted (80)
Member Party Vote
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Gray — Nay
Smith — Nay
Voepel — Nay
Cunningham — Nay
Mathis — Nay
Kiley — Nay
Mayes — Nay
Bigelow — Nay
Cooper — Not Voting
Daly — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

3rd Reading AB857 Kalra et al. By Durazo

Passed 27 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16502
Democratic 11002
Republican 0400
Total 27904
% of votes cast 68%23%0%10%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Min — Yea
Atkins — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Wilk — Nay
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Glazer — Not Voting
Dodd — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 4001
Republican 0100
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Gonzalez — Yea
Skinner — Yea
Wieckowski — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 857 Kalra Assembly Third Reading

Passed 43 Yea · 21 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 19206
Unaffiliated 241007
Republican 0901
Total 4321014
% of votes cast 55%27%0%18%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Holden — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Medina — Yea
McCarty — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Quirk — Nay
Kiley — Nay
Levine — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Mullin — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Daly — Not Voting
Frazier — Not Voting
Villapudua — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4202
Republican 0200
Democratic 5100
Total 9502
% of votes cast 56%31%0%13%
How each member voted (16)
Member Party Vote
Bigelow — Nay
McCarty — Not Voting
Friedman — Yea
Quirk — Yea
Chau — Yea
Levine — Nay
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Ward, Christopher M. Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

immigration labor
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Frequently asked questions

What does AB 857 do?
Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner. This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations' requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employee's rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.
Who sponsors AB 857?
AB 857 is sponsored by Kalra, Ash (Democratic) and Durazo, Maria Elena (Democratic).
What is the current status of AB 857?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 857?
Track AB 857 free on One Click Politics — get push/email alerts when it moves.

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