California 2017-2018 Regular Session Status: To Executive 3 D cosponsors

SB 937 — Lactation accommodation.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a toilet stall, in close proximity to the employees' work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. Existing law prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. This bill would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified. The bill would also require an employer to maintain records of requests for lactation accommodation for 3 years and to give the Labor Commission access to those records. The bill would provide that specified employers could seek an exemption from any of the requirements of these provisions if the employer could show that the requirement posed an undue hardship based on specified criteria. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish specific additional remedies. The bill would require the Division of Labor Standards Enforcement to create a model lactation accommodation request form and to make it available for download from its Internet Web site by employees and employers. The bill would authorize the division to establish a model lactation accommodation policy and lactation accommodation best practices to provide guidance to employers.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 28. Noes 9. Page 5956.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 57. Noes 18. Page 6714.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 13. Noes 3.) (August 16).

  11. August 8 set for first hearing. Placed on APPR. suspense file.

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

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 4.) (June 26). Re-referred to Com. on APPR.

  14. From committee: Do pass and re-refer to Com. on B. & P. (Ayes 5. Noes 2.) (June 20). Re-referred to Com. on B. & P.

  15. Referred to Coms. on L. & E. and B. & P.

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

  17. Read third time. Passed. (Ayes 24. Noes 6. Page 4401.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

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

  20. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4299.) (May 25).

  21. Set for hearing May 25.

  22. May 14 hearing: Placed on APPR. suspense file.

  23. Set for hearing May 14.

  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 8. Noes 1. Page 4821.) (April 24).

  26. Set for hearing April 24.

  27. From committee: Do pass and re-refer to Com. on T. & H. (Ayes 5. Noes 2. Page 4721.) (April 17). Re-referred to Com. on T. & H.

  28. Set for hearing April 17.

  29. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 4626.) (April 11). Re-referred to Com. on JUD.

  30. Set for hearing April 11.

  31. Referred to Coms. on L. & I.R., JUD., and T. & H.

  32. From printer. May be acted upon on or after February 25.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

Unfinished Business SB937 Wiener et al. Concurrence

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24902
Democratic 4001
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hueso — Yea
Monning — Yea
Morrell — Nay
Skinner — Yea
Wilk — Yea
Chang — Yea
Fuller — Nay
Cannella — Not Voting
Delgado — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
De León — Yea
Hertzberg — Yea
Dodd — Yea
Hill — Yea
Bates — Nay
Bradford — Yea
Lara — Yea
Leyva — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 937 Wiener Senate Third Reading By LIMÓN

Passed 57 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 401404
Democratic 15100
Republican 2301
Total 571805
% of votes cast 71%23%0%6%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Low — Yea
Maienschein — Yea
Mathis — Nay
O'Donnell — Yea
Rodriguez — Yea
Burke — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Chau — Yea
Medina — Yea
Gray — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Rubio — Yea
Rivas — Yea
Friedman — Yea
Holden — Yea
Fong — Nay
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Nay
Salas — Not Voting
Mayes — Nay
McCarty — Yea
Baker — Not Voting
Chiu — Yea
Chávez — Yea
Cooley — Yea
Melendez — Nay
Obernolte — Nay
Rendon — Yea
Steinorth — Nay
Voepel — Nay
Waldron — Yea
Chu — Yea
Cooper — Not Voting
Eggman — Yea
Cunningham — Nay
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — 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
Gabriel, Jesse 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 Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 1000
Total 13301
% of votes cast 76%18%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Nazarian — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Fong — Nay
Obernolte — Nay
Quirk — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9302
Democratic 3001
Republican 0100
Total 12403
% of votes cast 63%21%0%16%
How each member voted (19)
Member Party Vote
Baker — Not Voting
Holden — Yea
Medina — Yea
Ting — Yea
Chiu — Yea
Eggman — Yea
Fong — Nay
Low — Yea
Bloom — Yea
Cunningham — Not Voting
McCarty — Yea
Mullin — Yea
Obernolte — Nay
Voepel — Nay
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Nay

Official roll call →

3rd Reading SB937 Wiener et al.

Passed 24 Yea · 6 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 20608
Democratic 4001
Total 24609
% of votes cast 62%15%0%23%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Moorlach — Nay
Roth — Yea
Vidak — Nay
Wilk — Not Voting
Dodd — Yea
Fuller — Not Voting
Allen — Yea
Atkins — Yea
Portantino — Yea
Mitchell — Yea
Cannella — Not Voting
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
De León — Not Voting
Hueso — Yea
Bates — Nay
Bradford — Yea
Monning — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Glazer — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 6104
Total 8104
% of votes cast 62%8%0%31%
How each member voted (13)
Member Party Vote
Vidak — Nay
Galgiani — Yea
Roth — Yea
Allen — Yea
Cannella — Not Voting
Dodd — Yea
Morrell — Not Voting
Skinner — Yea
Beall — Yea
Wieckowski — Not Voting
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 937 do?
Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a toilet stall, in close proximity to the employees' work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. Existing law prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. This bill would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified. The bill would also require an employer to maintain records of requests for lactation accommodation for 3 years and to give the Labor Commission access to those records. The bill would provide that specified employers could seek an exemption from any of the requirements of these provisions if the employer could show that the requirement posed an undue hardship based on specified criteria. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish specific additional remedies. The bill would require the Division of Labor Standards Enforcement to create a model lactation accommodation request form and to make it available for download from its Internet Web site by employees and employers. The bill would authorize the division to establish a model lactation accommodation policy and lactation accommodation best practices to provide guidance to employers.
Who sponsors SB 937?
SB 937 is sponsored by Gonzalez Fletcher, Chiu, Gabriel, Jesse (Democratic), Leyva, Limón, Monique (Democratic), Wiener, Scott D. (Democratic), and Cristina Garcia.
What is the current status of SB 937?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 937?
Track SB 937 free on One Click Politics — get push/email alerts when it moves.

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