California 2011-2012 Regular Session Status: Enacted

AB 1396 — Employment contract requirements.

Last action — Chaptered by Secretary of State - Chapter 556, Statutes of 2011.

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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 28, 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 statutory law, which has been held invalid by existing case law, requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages. This bill would, by January 1, 2013, make this contract requirement applicable to all employers entering into a contract of employment involving commissions as a method of payment with an employee for services to be rendered in the state. In addition, the bill would repeal the provision making an employer who violates this requirement liable in a civil action for triple damages.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 556, Statutes of 2011.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 2076.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 4. Noes 1.) (July 5).

  8. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on JUD.

  9. Referred to Coms. on L. & I.R. and JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 28. Page 1632.)

  12. Read third time and amended. Ordered to third reading. (Page 1552.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 5. Noes 1.) (May 4).

  15. In committee: Hearing postponed by committee.

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

  17. From printer. May be heard in committee March 31.

  18. Read first time. To print.

Sponsors

  • Committee on Labor and Employment · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Committee on Labor and Employment

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 AB1396 Committee on L. & E. (Swanson) By Leno

Passed 25 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231103
Democratic 2000
Republican 0100
Total 251203
% of votes cast 63%30%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Blakeslee — Yea
Lieu — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Nay
Evans — Yea
Runner — Not Voting
Fuller — Nay
Harman — Not Voting
Dutton — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Simitian — Not Voting
Vargas — Yea
Walters — Nay
Wright — Yea
Alquist — Yea
Anderson — Nay
Liu — Yea
Steinberg — Yea
Wyland — Nay
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 · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Leno — Yea
Blakeslee — Yea
Corbett — Yea
Harman — Nay

Official roll call →

AB 1396 L. & E. Assembly Third Reading By SWANSON

Passed 51 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 502601
Democratic 1000
Republican 0200
Total 512801
% of votes cast 64%35%0%1%
How each member voted (80)
Member Party Vote
Hagman — Nay
Feuer — Yea
Butler — Yea
Furutani — Yea
Gatto — Yea
Hill — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Perea — Yea
Skinner — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Yamada — Yea
Garrick — Nay
Gordon — Yea
Chesbro — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Conway — Nay
Hall — Yea
Fletcher — Nay
Hayashi — Yea
Cook — Nay
Hueso — Yea
Jeffries — Nay
Knight — Nay
Beall — Yea
Block — Yea
Donnelly — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Olsen — Nay
Pan — Yea
Smyth — Nay
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Nay
Huffman — Yea
Ma — Yea
Mansoor — Nay
Monning — Yea
Nielsen — Nay
Norby — Nay
Silva — Nay
Solorio — Yea
Swanson — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — 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 →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Yamada — Yea
Furutani — Yea
Gorell — Not Voting
Swanson — Yea
Alejo — Yea
Morrell — Nay
Allen, Benjamin Democratic Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1396 do?
Existing statutory law, which has been held invalid by existing case law, requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages. This bill would, by January 1, 2013, make this contract requirement applicable to all employers entering into a contract of employment involving commissions as a method of payment with an employee for services to be rendered in the state. In addition, the bill would repeal the provision making an employer who violates this requirement liable in a civil action for triple damages.
Who sponsors AB 1396?
AB 1396 is sponsored by Committee on Labor and Employment.
What is the current status of AB 1396?
This bill has been enacted into law. Introduced February 28, 2011. Enacted.
Where can I track AB 1396?
Track AB 1396 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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