California 2017-2018 Regular Session Status: Enacted

SB 490 — Wages: Barbering and Cosmetology Act: licensees.

Last action — Chaptered by Secretary of State. Chapter 831, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2017. 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 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, with certain exceptions, that all wages be paid twice during each calendar month on days designated in advance by the employer as the regular paydays and requires the minimum wage for all industries to be $10. Existing law makes it a crime for any person to willfully refuse to pay wages due and payable after demand has been made. The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. This bill would require commission wages paid to any employee who is licensed under the Barbering and Cosmetology Act to be due and payable at least twice during each calendar month on a day designated in advance by the employer as the regular payday and would authorize the employee and employer to agree to a commission in addition to the base hourly rate. The bill would provide that commission wages are wages paid to an employee who is licensed under that act for providing services for which a license is required when paid as a percentage or a flat sum portion of the sums paid to the employee by the client receiving the service, and for selling goods, provided that the employee is paid a regular base hourly rate of at least 2 times the state minimum wage rate in addition to commissions paid. The bill would specify that the employee may be compensated for rest and recovery periods at a rate of pay not less than the employee's regular base hourly rate. By expanding the scope of an existing crime, this bill would result in 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 831, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2479.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 74. Noes 0. Page 2838.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Ordered to third reading.

  11. From consent calendar on motion of Assembly Member Bonta.

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28).

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 7). Re-referred to Com. on APPR.

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

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 37. Noes 0. Page 871.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  20. Set for hearing April 17.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 626.) (April 5). Re-referred to Com. on APPR.

  22. Set for hearing April 5.

  23. Re-referred to Com. on L. & I.R.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Referred to Com. on RLS.

  26. From printer. May be acted upon on or after March 19.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Bradford

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

Special Consent SB490

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Bates — Yea
Bradford — Yea
Morrell — Yea
Pan — Yea
Wilk — Yea
Glazer — Yea
Hertzberg — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Yea
Galgiani — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Anderson — Yea
Beall — Yea
Dodd — Yea
Mendoza — Yea
Newman — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 490 Bradford Senate Third Reading By JONES-SAWYER

Passed 74 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 54004
Democratic 14001
Republican 6000
Total 74005
% of votes cast 94%0%0%6%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Wood — Yea
Eggman — Not Voting
Friedman — Yea
Chiu — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Cunningham — Yea
Low — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Rubio — Yea
Frazier — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Harper — Not Voting
Levine — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Chau — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Ridley-Thomas — Not Voting
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Democratic 4000
Republican 1000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Friedman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Yea
Gray — Not Voting
Obernolte — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Moorlach — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Dodd — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Yea
Portantino — Not Voting
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Anderson — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Not Voting
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety labor
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 SB 490 do?
Existing law requires, with certain exceptions, that all wages be paid twice during each calendar month on days designated in advance by the employer as the regular paydays and requires the minimum wage for all industries to be $10. Existing law makes it a crime for any person to willfully refuse to pay wages due and payable after demand has been made. The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. This bill would require commission wages paid to any employee who is licensed under the Barbering and Cosmetology Act to be due and payable at least twice during each calendar month on a day designated in advance by the employer as the regular payday and would authorize the employee and employer to agree to a commission in addition to the base hourly rate. The bill would provide that commission wages are wages paid to an employee who is licensed under that act for providing services for which a license is required when paid as a percentage or a flat sum portion of the sums paid to the employee by the client receiving the service, and for selling goods, provided that the employee is paid a regular base hourly rate of at least 2 times the state minimum wage rate in addition to commissions paid. The bill would specify that the employee may be compensated for rest and recovery periods at a rate of pay not less than the employee's regular base hourly rate. By expanding the scope of an existing crime, this bill would result in 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.
Who sponsors SB 490?
SB 490 is sponsored by Bradford.
What is the current status of SB 490?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track SB 490?
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