California 2011-2012 Regular Session Status: Enacted

AB 240 — Compensation recovery actions: liquidated damages.

Last action — Chaptered by Secretary of State - Chapter 272, Statutes of 2011.

  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 03, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State - Chapter 272, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 26. Page 2489.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 1965.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 4. Noes 2.) (June 8).

  11. 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.

  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. Ordered to the Senate. (Ayes 50. Noes 22. Page 1237.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 1.) (April 13).

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

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

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

  20. From printer. May be heard in committee March 6.

  21. 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.

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

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 492404
Democratic 0001
Total 492605
% 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

Official roll call →

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% 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

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 0001
Total 4201
% 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

Official roll call →

Passed 50 Yea · 22 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 472106
Democratic 3000
Republican 0101
Total 502207
% 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

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4101
Total 5101
% 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

Official roll call →

Subjects

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 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.

Make your voice heard on AB 240

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.

Stay ahead of AB 240

Last checked for changes 3 months ago · updated continuously

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

Track this bill →