California 2013-2014 Regular Session Status: Enacted

AB 1897 — Labor contracting: client liability.

Last action — Chaptered by Secretary of State - Chapter 728, Statutes of 2014.

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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 19, 2014. 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 10 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 regulates the terms and conditions of employment and establishes specified obligations of employers to employees. Existing law prohibits a person or entity from entering into a contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the person or entity knows or should know that the contract or agreement does not include sufficient funds for the contractor to comply with laws or regulations governing the labor or services to be provided. This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers' compensation coverage. The bill would prohibit a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. The bill would define a client employer as a business entity that obtains or is provided workers to perform labor within the usual course of business from a labor contractor, except as specified. The bill would define a labor contractor as an individual or entity that supplies workers, either with or without a contract, to a client employer to perform labor within the client employer's usual course of business. The bill would except from the definition of labor contractor specified nonprofit, labor, and motion picture payroll services organizations and 3rd parties engaged in an employee leasing arrangement, as specified. The bill would specify that it does not prohibit client employers and labor contractors from mutually contracting for otherwise lawful remedies for violations of its provisions by the other party. The bill would require a client employer or labor contractor to provide to a requesting enforcement agency or department, and make available for copying, information within its possession, custody, or control required to verify compliance with applicable state laws. The bill would authorize the Labor Commissioner, the Division of Occupational Safety and Health, and the Employment Development Department to adopt necessary regulations and rules to administer and enforce the bill's provisions. The bill would provide that waiver of its provisions is contrary to public policy, void, and unenforceable. The bill would prohibit its provisions from being interpreted to impose liability in specified circumstances.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 728, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 24. Page 6682.).

  5. Assembly Rule 77 suspended. (Page 6667.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 12. Page 4921.).

  8. Read second time. Ordered to third reading.

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

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

  11. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  12. In committee: Placed on APPR. suspense file.

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 24).

  15. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 11). Re-referred to Com. on JUD.

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

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 23. Page 5349.)

  19. Assembly Rule 69(d) suspended. (Ayes 55. Noes 21. Page 5325.)

  20. Read third time and amended. Ordered to third reading. (Ayes 51. Noes 25. Page 5255.)

  21. Read second time. Ordered to third reading.

  22. Read second time and amended. Ordered to second reading.

  23. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 23).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 23). Re-referred to Com. on APPR.

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

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

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

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

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

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

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

AB 1897 HERNÁNDEZ Concurrence in Senate Amendments

Passed 47 Yea · 24 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 432108
Democratic 4000
Republican 0300
Total 472408
% of votes cast 59%30%0%10%
How each member voted (79)
Member Party Vote
Alejo — Yea
Harkey — Nay
Holden — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Nay
Weber — Yea
Campos — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Nazarian — Yea
Rodriguez — Yea
Skinner — Yea
Ammiano — Yea
Hall — Yea
Medina — Yea
Fong — Yea
Bonilla — Yea
Buchanan — Not Voting
Chau — Yea
Chesbro — Not Voting
Chávez — Nay
Conway — Nay
Cooley — Not Voting
Donnelly — Nay
Bocanegra — Yea
John A. Pérez — Yea
Allen — Nay
Gordon — Not Voting
Hagman — Nay
Logue — Nay
Salas — Not Voting
Melendez — Nay
Mullin — Yea
Nestande — Nay
Olsen — Nay
Perea — Not Voting
Rendon — Yea
Ting — Yea
Achadjian — Nay
Bigelow — Nay
Bradford — Yea
Brown — Yea
Waldron — Nay
Wilk — Nay
Williams — Yea
Wieckowski — Yea
Bloom — Yea
Jones-Sawyer — Yea
Dababneh — Yea
Daly — Not Voting
Dickinson — Yea
Eggman — Yea
Fox — Yea
Frazier — Not Voting
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1897 Roger Hernández By Hueso

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 201205
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Lieu — Yea
Walters — Nay
Wyland — Nay
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Beall — Yea
Torres — Yea
Mitchell — Yea
Wright — Not Voting
Cannella — Nay
Corbett — Yea
Correa — Not Voting
Fuller — Nay
Hill — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Lara — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
De León — Yea
Pavley — Yea
Roth — Not Voting
Steinberg — Yea
Vidak — Nay
Wolk — Not Voting
Anderson — Nay
Block — Yea
Yee — Not Voting
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Walters — Not Voting
De León — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1897 HERNÁNDEZ Assembly Third Reading

Passed 51 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 472005
Democratic 4000
Republican 0300
Total 512305
% of votes cast 65%29%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Not Voting
Holden — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Frazier — Yea
Lowenthal — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gorell — Nay
Hagman — Nay
Hall — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Ammiano — Yea
Logue — Nay
Allen — Nay
Medina — Yea
Melendez — Nay
Bigelow — Nay
Chesbro — Yea
Chávez — Nay
Dababneh — Yea
Daly — Yea
Donnelly — Nay
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Conway — Nay
Cooley — Not Voting
Harkey — Not Voting
Nestande — Nay
Perea — Not Voting
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 1897 HERNÁNDEZ Assembly Third Reading Amend By HERNÁNDEZ Set #1

Passed 51 Yea · 25 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 472203
Democratic 4000
Republican 0300
Total 512503
% of votes cast 65%32%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Nay
Buchanan — Yea
Harkey — Nay
Jones-Sawyer — Yea
Linder — Nay
Mansoor — Nay
Nestande — Nay
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Wieckowski — Yea
Chávez — Nay
Daly — Not Voting
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Campos — Yea
Bonilla — Yea
Gorell — Nay
Hagman — Nay
Hall — Yea
Holden — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Logue — Nay
Allen — Nay
Medina — Yea
Bigelow — Nay
Chau — Yea
Chesbro — Yea
Cooley — Yea
Dababneh — Yea
Dickinson — Yea
Eggman — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Maienschein — Nay
Wagner — Nay
Donnelly — Nay
Conway — Nay
Frazier — Not Voting
Perea — Not Voting
Fox — Yea
Yamada — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11400
Democratic 1000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Ridley-Thomas — Yea
Wagner — Nay
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Holden — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 1897 do?
Existing law regulates the terms and conditions of employment and establishes specified obligations of employers to employees. Existing law prohibits a person or entity from entering into a contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the person or entity knows or should know that the contract or agreement does not include sufficient funds for the contractor to comply with laws or regulations governing the labor or services to be provided. This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers' compensation coverage. The bill would prohibit a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. The bill would define a client employer as a business entity that obtains or is provided workers to perform labor within the usual course of business from a labor contractor, except as specified. The bill would define a labor contractor as an individual or entity that supplies workers, either with or without a contract, to a client employer to perform labor within the client employer's usual course of business. The bill would except from the definition of labor contractor specified nonprofit, labor, and motion picture payroll services organizations and 3rd parties engaged in an employee leasing arrangement, as specified. The bill would specify that it does not prohibit client employers and labor contractors from mutually contracting for otherwise lawful remedies for violations of its provisions by the other party. The bill would require a client employer or labor contractor to provide to a requesting enforcement agency or department, and make available for copying, information within its possession, custody, or control required to verify compliance with applicable state laws. The bill would authorize the Labor Commissioner, the Division of Occupational Safety and Health, and the Employment Development Department to adopt necessary regulations and rules to administer and enforce the bill's provisions. The bill would provide that waiver of its provisions is contrary to public policy, void, and unenforceable. The bill would prohibit its provisions from being interpreted to impose liability in specified circumstances.
Who sponsors AB 1897?
AB 1897 is sponsored by Roger Hernández.
What is the current status of AB 1897?
This bill has been enacted into law. Introduced February 19, 2014. Enacted.
Where can I track AB 1897?
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