California 2023-2024 Regular Session Status: Enacted

AB 2738 — Labor Code: alternative enforcement: occupational safety.

Last action — Chaptered by Secretary of State - Chapter 969, Statutes of 2024.

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

This bill has been enacted into law. Introduced February 15, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 29, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency, administered by the Director of Industrial Relations, and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, until January 1, 2029, authorizes a public prosecutor, as defined, to prosecute an action through alternative enforcement procedures, for a violation of specified provisions of the Labor Code or to enforce those provisions independently. Existing law requires moneys recovered by public prosecutors under that code to be applied first to payments, such as wages, damages, and other penalties, due to affected workers. Existing law further requires all civil penalties recovered by a public prosecutor pursuant to those provisions to be paid to the General Fund of the state, unless otherwise specified. Existing law authorizes the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. This bill would instead specify that all remedies available for violations of the Labor Code may be recovered in an action by a public prosecutor under those alternative enforcement procedures. The bill would require any remedies recovered to go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties to go the General Fund of the state. The bill would further provide that a public prosecutor may enforce any other provision of the Labor Code as specifically authorized. The bill would instead require the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations, and charges the division with the enforcement of various laws affecting safe working conditions, including the California Occupational Safety and Health Act of 1973. Existing law requires a contracting entity, as defined, to require an entertainment events vendor to certify for its employees and employees of its subcontractors that those individuals have complied with specified training, certification, and workforce requirements, including that employees involved in the setting up, operation, or tearing down of a live event at its public events venue, as defined, have completed prescribed trainings of the United States Department of Labor's Occupational Safety and Health Administration. Existing law requires the division to enforce those provisions by issuing a citation and a notice of civil penalty against an entertainment events vendor, as specified, and to deposit those funds in the Occupational Safety and Health Fund. This bill would require a contract that is subject to the above provisions to provide in writing that the entertainment events vendor will furnish, upon hiring for the live event pursuant to the contract, the contracting entity with specified information about the employees of those vendors and subcontractors and the trainings those employees have completed. The bill would subject the contract to a provision of the California Public Records Act that makes any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, a public record subject to disclosure under that act, as prescribed. The bill would authorize the contracting entity to use or disclose to third parties the specified information for the purpose of carrying out the contracting entity's duties under the contract but prohibit the use or disclosure of the information for unrelated purposes. The bill would expand the categories of entities subject to penalties for a violation of these provisions to also include a public events venue or contracting entity. Additionally, the bill would allow these provisions to be enforced by a public prosecutor pursuant to the alternative enforcement procedures noted above, subject to certain additional conditions. To the extent the bill would impose new requirements on local agencies with respect to the treatment of these contracts as public records, the bill would create a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 969, Statutes of 2024.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 12.).

  5. Assembly Rule 77 suspended.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9.).

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 15).

  11. In committee: Referred to APPR suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 25). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 12). Re-referred to Com. on JUD.

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 10. Page 5545.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 16).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 9). Re-referred to Com. on APPR.

  22. Coauthors revised.

  23. Re-referred to Com. on JUD.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  25. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 3). Re-referred to Com. on JUD.

  26. Re-referred to Com. on L. & E.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  28. Re-referred to Com. on L. & E.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  30. Referred to Coms. on L. & E. and JUD.

  31. From printer. May be heard in committee March 17.

  32. Read first time. To print.

Sponsors

  • Luz Rivas · Primary
  • Friedman · Cosponsor
  • Maienschein · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 20 voted No

Sponsors (1)

Co-sponsors (2)

  • Friedman
  • Maienschein

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 2738 Luz Rivas Concurrence in Senate Amendments

Passed 58 Yea · 12 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 43004
Unaffiliated 15400
Republican 0805
Total 581209
% of votes cast 73%15%0%11%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
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
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Nay

Official roll call →

3rd Reading AB2738 Luz Rivas et al. By Cortese

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 21100
Unaffiliated 9101
Republican 0700
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Eggman — Yea
Glazer — Yea
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Dodd — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

[06-25-2024] set for [First] hearing: Reconsideration of favorable vote granted

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 8000
Unaffiliated 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

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

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 1001
Republican 0100
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Roth — Yea
Wilk — Not Voting
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
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
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

AB 2738 Luz Rivas Assembly Third Reading By MAIENSCHEIN

Passed 49 Yea · 10 Nay · 21 Other
Party YeaNayPresentNot Voting
Democratic 38009
Unaffiliated 11306
Republican 0706
Total 4910021
% of votes cast 61%13%0%26%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Santiago — Yea
Waldron — Nay
Holden — Not Voting
Mathis — Not Voting
Villapudua — Not Voting
Friedman — Not Voting
Essayli — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Not Voting
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
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 Not Voting
Carrillo, Juan Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
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 Not Voting
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Hoover, Josh Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2100
Republican 0300
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 7000
Republican 0200
Total 9201
% of votes cast 75%17%0%8%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Ting — Yea
Waldron — Not Voting
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2738 do?
Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency, administered by the Director of Industrial Relations, and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, until January 1, 2029, authorizes a public prosecutor, as defined, to prosecute an action through alternative enforcement procedures, for a violation of specified provisions of the Labor Code or to enforce those provisions independently. Existing law requires moneys recovered by public prosecutors under that code to be applied first to payments, such as wages, damages, and other penalties, due to affected workers. Existing law further requires all civil penalties recovered by a public prosecutor pursuant to those provisions to be paid to the General Fund of the state, unless otherwise specified. Existing law authorizes the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. This bill would instead specify that all remedies available for violations of the Labor Code may be recovered in an action by a public prosecutor under those alternative enforcement procedures. The bill would require any remedies recovered to go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties to go the General Fund of the state. The bill would further provide that a public prosecutor may enforce any other provision of the Labor Code as specifically authorized. The bill would instead require the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations, and charges the division with the enforcement of various laws affecting safe working conditions, including the California Occupational Safety and Health Act of 1973. Existing law requires a contracting entity, as defined, to require an entertainment events vendor to certify for its employees and employees of its subcontractors that those individuals have complied with specified training, certification, and workforce requirements, including that employees involved in the setting up, operation, or tearing down of a live event at its public events venue, as defined, have completed prescribed trainings of the United States Department of Labor's Occupational Safety and Health Administration. Existing law requires the division to enforce those provisions by issuing a citation and a notice of civil penalty against an entertainment events vendor, as specified, and to deposit those funds in the Occupational Safety and Health Fund. This bill would require a contract that is subject to the above provisions to provide in writing that the entertainment events vendor will furnish, upon hiring for the live event pursuant to the contract, the contracting entity with specified information about the employees of those vendors and subcontractors and the trainings those employees have completed. The bill would subject the contract to a provision of the California Public Records Act that makes any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, a public record subject to disclosure under that act, as prescribed. The bill would authorize the contracting entity to use or disclose to third parties the specified information for the purpose of carrying out the contracting entity's duties under the contract but prohibit the use or disclosure of the information for unrelated purposes. The bill would expand the categories of entities subject to penalties for a violation of these provisions to also include a public events venue or contracting entity. Additionally, the bill would allow these provisions to be enforced by a public prosecutor pursuant to the alternative enforcement procedures noted above, subject to certain additional conditions. To the extent the bill would impose new requirements on local agencies with respect to the treatment of these contracts as public records, the bill would create a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2738?
AB 2738 is sponsored by Luz Rivas, Friedman, and Maienschein.
What is the current status of AB 2738?
This bill has been enacted into law. Introduced February 15, 2024. Enacted.
Where can I track AB 2738?
Track AB 2738 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2738

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2738

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →