California 2011-2012 Regular Session Status: Enacted

AB 2103 — Employment: wages and hours: overtime.

Last action — Chaptered by Secretary of State - Chapter 820, Statutes of 2012.

  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 23, 2012. 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

(1) Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. A violation of overtime compensation laws is a crime. Existing law provides that for the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee's regular hourly rate shall be140th of the employee's weekly salary. This bill would provide that payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee's regular, nonovertime hours, notwithstanding any private agreement to the contrary. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.(2) 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 820, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 4471.).

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 13). Re-referred to Com. on APPR.

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

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 24. Page 4710.)

  12. Read second time. Ordered to third reading.

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

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 18). Re-referred to Com. on APPR.

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

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

  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 25.

  21. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Ammiano

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 AB2103 Ammiano By Lieu

Passed 21 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Republican 0100
Democratic 1001
Total 211405
% of votes cast 53%35%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Kehoe — Yea
Lowenthal — Yea
De León — Yea
Lieu — Yea
Negrete McLeod — Yea
DeSaulnier — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Rubio — Yea
Wyland — Nay
Runner — Nay
Cannella — Nay
Harman — Nay
Blakeslee — Nay
Corbett — Yea
Correa — Not Voting
Dutton — Nay
Leno — Yea
Liu — Not Voting
Walters — Nay
Alquist — Yea
Anderson — Not Voting
Hernandez — Yea
Huff — Nay
Vargas — Yea
Wolk — Yea
Emmerson — Nay
Evans — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2103 AMMIANO Assembly Third Reading

Passed 51 Yea · 24 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 502205
Republican 0200
Democratic 1000
Total 512405
% of votes cast 64%30%0%6%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hagman — Nay
Hall — Not Voting
Eng — Yea
Butler — Yea
Hill — Yea
Carter — Yea
Huber — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Alejo — Yea
Williams — Yea
Yamada — Yea
Galgiani — Yea
Garrick — Nay
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Harkey — Nay
Chesbro — Yea
Hayashi — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Jeffries — Nay
Lara — Yea
Beall — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Fletcher — Not Voting
Portantino — Not Voting
Furutani — Not Voting
Halderman — Nay
Donnelly — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Feuer — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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
Hall — Yea
Campos — Yea
Gatto — Yea
Lara — Yea
Davis — Yea
Mitchell — Yea
Harkey — Nay
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 2103 do?
(1) Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. A violation of overtime compensation laws is a crime. Existing law provides that for the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee's regular hourly rate shall be140th of the employee's weekly salary. This bill would provide that payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee's regular, nonovertime hours, notwithstanding any private agreement to the contrary. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.(2) 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 2103?
AB 2103 is sponsored by Ammiano.
What is the current status of AB 2103?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2103?
Track AB 2103 free on One Click Politics — get push/email alerts when it moves.

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