AB 240 — Compensation recovery actions: liquidated damages.
Last action — Chaptered by Secretary of State - Chapter 272, Statutes of 2011.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 03, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation properly before the commissioner or the division and to determine all matters arising under his or her jurisdiction. Existing law permits an employee to recover liquidated damages in a court action alleging payment of less than the state minimum wage. This bill would permit an employee to recover liquidated damages pursuant to a complaint brought before the Labor Commissioner alleging payment of less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute. This bill would incorporate additional changes in Section 98 of the Labor Code proposed by AB 469, to be operative only if AB 469 and this bill are both enacted and become effective on or before January 1, 2012, both bills amend Section 98, and this bill is enacted after AB 469. The bill would also incorporate additional changes in Section 1194.2 of the Labor Code proposed by AB 197, to be operative only if AB 197 and this bill are both enacted and become effective on or before January 1, 2012, both bills amend Section 1194.2, and this bill is enacted after AB 197.
Bill Text
- Chaptered 09/07/11 - Chaptered Current pdf September 07, 2011
- Enrolled 08/24/11 - Enrolled pdf August 24, 2011
- Amended 07/11/11 - Amended Senate pdf July 11, 2011
- Amended 06/02/11 - Amended Senate pdf June 02, 2011
- Amended 03/08/11 - Amended Assembly pdf March 08, 2011
- Introduced 02/03/11 - Introduced pdf February 03, 2011
- AB240 View text html
Action History
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Chaptered by Secretary of State - Chapter 272, Statutes of 2011.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 26. Page 2489.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 1965.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 4. Noes 2.) (June 8).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
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Referred to Com. on L. & I.R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 22. Page 1237.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 1.) (April 13).
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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From printer. May be heard in committee March 6.
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Read first time. To print.
Sponsors
- Bonilla · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No
Sponsors (1)
- Bonilla
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 2 | 0 | 0 |
| Unaffiliated | 49 | 24 | 0 | 4 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 49 | 26 | 0 | 5 |
| % of votes cast | 61% | 33% | 0% | 6% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Feuer | — | Yea |
| Butler | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Carter | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Ammiano | — | Yea |
| Blumenfield | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Williams | — | Yea |
| Mitchell | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Not Voting |
| Galgiani | — | Not Voting |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Gordon | — | Yea |
| Gorell | — | Not Voting |
| Campos | — | Yea |
| Hagman | — | Nay |
| Fletcher | — | Nay |
| Halderman | — | Nay |
| Harkey | — | Nay |
| Hayashi | — | Yea |
| Hueso | — | Yea |
| Knight | — | Nay |
| Beall | — | Yea |
| Block | — | Yea |
| Conway | — | Nay |
| Davis | — | Yea |
| Donnelly | — | Nay |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Nestande | — | Nay |
| Norby | — | Not Voting |
| Olsen | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Solorio | — | Yea |
| Torres | — | Yea |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Jeffries | — | Nay |
| Logue | — | Nay |
| Ma | — | Yea |
| Mansoor | — | Nay |
| Nielsen | — | Nay |
| Smyth | — | Nay |
| Valadao | — | Nay |
| Wagner | — | Nay |
| Chesbro | — | Yea |
| Cook | — | Nay |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Garrick | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 14 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 15 | 0 | 1 |
| % of votes cast | 60% | 38% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Nay |
| Cannella | — | Nay |
| Lowenthal | — | Yea |
| Evans | — | Yea |
| Negrete McLeod | — | Yea |
| Rubio | — | Yea |
| Fuller | — | Nay |
| Hancock | — | Yea |
| Harman | — | Nay |
| Runner | — | Nay |
| De León | — | Not Voting |
| Hernandez | — | Yea |
| Huff | — | Nay |
| Kehoe | — | Yea |
| Dutton | — | Nay |
| Anderson | — | Nay |
| Blakeslee | — | Nay |
| Lieu | — | Yea |
| Liu | — | Yea |
| Price | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Vargas | — | Yea |
| Walters | — | Nay |
| Wolk | — | Yea |
| Wright | — | Yea |
| Alquist | — | Yea |
| Leno | — | Yea |
| Pavley | — | Yea |
| Corbett | — | Yea |
| Emmerson | — | Nay |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| La Malfa | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 4 | 2 | 0 | 1 |
| % of votes cast | 57% | 29% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Runner | — | Nay |
| Leno | — | Yea |
| Lieu | — | Yea |
| Wyland | — | Nay |
| DeSaulnier | — | Yea |
| Padilla, Stephen C. | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 47 | 21 | 0 | 6 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 50 | 22 | 0 | 7 |
| % of votes cast | 63% | 28% | 0% | 9% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Not Voting |
| Halderman | — | Nay |
| Butler | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Carter | — | Yea |
| Huber | — | Yea |
| Ma | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Not Voting |
| Garrick | — | Not Voting |
| Campos | — | Yea |
| Gordon | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Hagman | — | Nay |
| Fletcher | — | Nay |
| Hall | — | Yea |
| Harkey | — | Nay |
| Hayashi | — | Yea |
| Conway | — | Nay |
| Jeffries | — | Nay |
| Block | — | Yea |
| Cook | — | Nay |
| Davis | — | Yea |
| Donnelly | — | Nay |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Morrell | — | Nay |
| Nestande | — | Nay |
| Nielsen | — | Not Voting |
| Olsen | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Torres | — | Yea |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Huffman | — | Yea |
| Knight | — | Nay |
| Logue | — | Nay |
| Mansoor | — | Nay |
| Monning | — | Yea |
| Norby | — | Nay |
| Solorio | — | Yea |
| Valadao | — | Not Voting |
| Wagner | — | Nay |
| Williams | — | Yea |
| Cedillo | — | Not Voting |
| Chesbro | — | Yea |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Galgiani | — | Yea |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 4 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Not Voting |
| Miller | — | Nay |
| Swanson | — | Yea |
| Alejo | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Yea |
| Allen, Benjamin | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 240 do?
- Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation properly before the commissioner or the division and to determine all matters arising under his or her jurisdiction. Existing law permits an employee to recover liquidated damages in a court action alleging payment of less than the state minimum wage. This bill would permit an employee to recover liquidated damages pursuant to a complaint brought before the Labor Commissioner alleging payment of less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute. This bill would incorporate additional changes in Section 98 of the Labor Code proposed by AB 469, to be operative only if AB 469 and this bill are both enacted and become effective on or before January 1, 2012, both bills amend Section 98, and this bill is enacted after AB 469. The bill would also incorporate additional changes in Section 1194.2 of the Labor Code proposed by AB 197, to be operative only if AB 197 and this bill are both enacted and become effective on or before January 1, 2012, both bills amend Section 1194.2, and this bill is enacted after AB 197.
- Who sponsors AB 240?
- AB 240 is sponsored by Bonilla.
- What is the current status of AB 240?
- This bill has been enacted into law. Introduced February 03, 2011. Enacted.
- Where can I track AB 240?
- Track AB 240 free on One Click Politics — get push/email alerts when it moves.
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