California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

AB 2187 — Employment: payment of wages.

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 2009-2010 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages. This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction. Because this bill would create a new crime, it would impose a state-mandated local program. 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. Vetoed by Governor.

  2. Enrolled and to the Governor at 3 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 27. Page 6686.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 14. Page 4849.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 23).

  12. Referred to Com. on L. & I.R.

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

  14. Read third time, passed, and to Senate. (Ayes 42. Noes 28. Page 5048.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (April 21).

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 7).

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

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

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

  21. From printer. May be heard in committee March 21.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 2187 ARAMBULA Concurrence in Senate Amendments

Passed 56 Yea · 30 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 522804
Republican 1200
Total 563004
% of votes cast 62%33%0%4%
How each member voted (90)
Member Party Vote
Charles — Yea
Feuer — Yea
Fuller — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Tom — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Coto — Yea
Hagman — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Adams — Nay
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hill — Yea
Huber — Not Voting
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torres — Not Voting
Villines — Nay
Cook — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Fuentes — Not Voting
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2187 Arambula By DeSaulnier

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Democratic 2000
Republican 0100
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cedillo — Yea
Hancock — Yea
Harman — Not Voting
Huff — Nay
Runner — Nay
Kehoe — Yea
Cogdill — Nay
Corbett — Yea
Correa — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Blakeslee — Nay
Ducheny — Not Voting
Dutton — Nay
Romero — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Hollingsworth — Nay
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2187 ARAMBULA Assembly Third Reading

Passed 47 Yea · 31 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 4329013
Republican 1200
Democratic 3000
Total 4731013
% of votes cast 52%34%0%14%
How each member voted (91)
Member Party Vote
Audra — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Galgiani — Not Voting
Gilmore — Not Voting
Mendoza — Not Voting
Norby — Nay
Block — Not Voting
Silva — Nay
Smyth — Nay
Villines — Nay
Carter — Yea
Chesbro — Yea
Conway — Nay
Evans — Yea
Charles — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Hagman — Nay
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hall — Yea
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Ammiano — Yea
Beall — Yea
Davis — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Nestande — Nay
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Anderson — Nay
Bass — Not Voting
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hernandez — Yea
Huber — Not Voting
Jeffries — Nay
Logue — Nay
Ma — Yea
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Conway — Nay
Hall — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Norby — Nay
Skinner — Yea
Solorio — Yea
Coto — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Nava — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2187 do?
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages. This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction. Because this bill would create a new crime, it would impose a state-mandated local program. 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 2187?
AB 2187 is sponsored by Arambula, Joaquin (Democratic).
What is the current status of AB 2187?
This bill died with 2009-2010 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 2187?
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