California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

AB 1744 — Employee compensation: itemized statements.

Last action — Chaptered by Secretary of State - Chapter 844, Statutes of 2012.

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  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 17, 2012. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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 requires every employer, semimonthly or at the time of each payment of wages, to furnish each employee with an accurate itemized statement in writing showing specified information. Existing law provides that a knowing and intentional violation of this provision is a misdemeanor. This bill would additionally require, on and after July 1, 2013, that the itemized statement include, if the employer is a temporary services employer, the rate of pay and the total hours worked for each assignment, with a specified exception. Existing law requires an employer to provide each employee, at the time of hiring, with a notice that includes specified information, such as the rate and the basis, whether hourly, salary, commission, or otherwise, of the employee's wages, and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing, as specified. This bill would additionally require that, if the employer is a temporary services employer, as specified, the notice include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. Because a willful violation of the bill's provisions would be a crime, this bill 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. This bill would incorporate changes to Section 226 of the Labor Code proposed by SB 1255 and AB 2674, to be operative only if this bill and either or both of those bills are chaptered and became effective on or before January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 844, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 27. Page 6795.).

  5. Assembly Rule 63 suspended. (Page 6775.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 13. Page 5078.).

  8. (Ayes 23. Noes 13. Page 5077.)

  9. Ordered to third reading.

  10. Withdrawn from committee.

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

  12. Senate Rule 29.3(b) suspended. (Ayes 24. Noes 12. Page 5066.)

  13. (Ayes 24. Noes 12. Page 5066.)

  14. Re-referred to Com. on RLS.

  15. Read second time. Ordered to third reading.

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

  17. Read second time. Ordered to third reading.

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

  19. Read second time. Ordered to third reading.

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

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

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  23. In committee: Hearing postponed by committee.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).

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

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

  28. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 26. Page 5142.)

  29. Read second time. Ordered to third reading.

  30. From committee: Do pass. (Ayes 12. Noes 5.) (May 2).

  31. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on APPR.

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

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

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

  35. From printer. May be heard in committee March 22.

  36. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 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

3rd Reading AB1744 Bonnie Lowenthal By Leno

Passed 21 Yea · 13 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 191206
Democratic 2000
Republican 0100
Total 211306
% of votes cast 53%33%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Fuller — Nay
Cannella — Nay
Lowenthal — Yea
Negrete McLeod — Yea
Rubio — Yea
Harman — Not Voting
Corbett — Yea
Hernandez — Yea
Correa — Nay
Runner — Not Voting
Kehoe — Yea
De León — Not Voting
Blakeslee — Nay
Dutton — Not Voting
Lieu — Yea
Liu — Yea
Pavley — Not Voting
Price — Yea
Steinberg — Yea
Walters — Nay
Wright — Not Voting
Alquist — Yea
Anderson — Nay
Huff — Nay
Leno — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Nay
Evans — 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 →

AB 1744 LOWENTHAL Concurrence in Senate Amendments

Passed 52 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 512501
Democratic 1000
Total 522701
% of votes cast 65%34%0%1%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Gorell — Yea
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Conway — Nay
Hayashi — Yea
Huber — Nay
Fletcher — Not Voting
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Hueso — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 1744 LOWENTHAL Assembly Third Reading

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 482405
Democratic 1000
Republican 0200
Total 492605
% of votes cast 61%33%0%6%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Gatto — Yea
Carter — Yea
Gorell — Yea
Fong — Yea
Allen — Yea
Hueso — Yea
Cedillo — Yea
John A. Pérez — Yea
Mitchell — Yea
Davis — Yea
Ma — Yea
Swanson — Yea
Yamada — Yea
Galgiani — Not Voting
Chesbro — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Conway — Nay
Halderman — Nay
Portantino — Nay
Harkey — Nay
Fletcher — Not Voting
Dickinson — Yea
Beall — Yea
Block — Yea
Donnelly — Nay
Huber — Not Voting
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Perea — Not Voting
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Mansoor — Nay
Silva — Nay
Skinner — Yea
Wagner — Nay
Williams — Yea
Campos — Yea
Cook — Nay
Eng — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Hall — Yea
Harkey — Nay
Mitchell — Yea
Lara — Yea
Norby — Nay
Blumenfield — Yea
Davis — Yea
Donnelly — Nay
Solorio — Yea
Bradford — Yea
Hill — Yea
Nielsen — Nay
Wagner — Nay
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1744 do?
Existing law requires every employer, semimonthly or at the time of each payment of wages, to furnish each employee with an accurate itemized statement in writing showing specified information. Existing law provides that a knowing and intentional violation of this provision is a misdemeanor. This bill would additionally require, on and after July 1, 2013, that the itemized statement include, if the employer is a temporary services employer, the rate of pay and the total hours worked for each assignment, with a specified exception. Existing law requires an employer to provide each employee, at the time of hiring, with a notice that includes specified information, such as the rate and the basis, whether hourly, salary, commission, or otherwise, of the employee's wages, and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing, as specified. This bill would additionally require that, if the employer is a temporary services employer, as specified, the notice include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. Because a willful violation of the bill's provisions would be a crime, this bill 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. This bill would incorporate changes to Section 226 of the Labor Code proposed by SB 1255 and AB 2674, to be operative only if this bill and either or both of those bills are chaptered and became effective on or before January 1, 2013, and this bill is chaptered last.
Who sponsors AB 1744?
AB 1744 is sponsored by Lowenthal, Josh (Democratic).
What is the current status of AB 1744?
This bill has been enacted into law. Introduced February 17, 2012. Enacted.
Where can I track AB 1744?
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