California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

AB 2079 — Janitorial workers: sexual violence and harassment prevention training.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. The division is headed by the Labor Commissioner and the department is headed by the Director of Industrial Relations. Existing law establishes certain protections for janitorial workers, including a requirement that the division, by January 1, 2019, establish a biennial in-person sexual violence and harassment prevention training requirement for certain employees and employers with the assistance of a prescribed advisory committee to be convened by the director. Existing law, effective July 1, 2018, requires employers of at least one employee and one or more covered workers, as defined, who provide janitorial services, as specified, to register with the commissioner annually and prohibits them from conducting business without a registration. Existing law requires an application for registration to be in a form prescribed by the commissioner and subscribed and sworn to by the employer, as specified. This bill would prohibit the division from approving a registration, as described above, if the employer does not include in his or her written application the name of any subcontractor or franchise servicing contracts affiliated with a branch location and the number of subcontracted or franchise employees servicing each of those contracts, the total number of employees working out of a listed branch office, and the address of each work location serviced by a branch office. The bill would require the director, by July 1, 2019, to also convene an advisory committee, with membership as prescribed, to develop requirements for qualified organizations and peer trainers that employers would be required to use to provide the biennial training described above. The bill would require the division to adopt advisory committee requirements for qualified organizations and peer trainers by January 1, 2020. The bill would require the division to require employers subject to the training requirements to use the training content created by the committee. The bill would require such an employer, upon request, to provide to an employee a copy of all training materials used during a training he or she attended. The bill would require employers to use a qualified organization from the list of qualified organizations developed and maintained by the director to provide the required training, and would require qualified organizations to provide peer trainers for employers to use in the training, as specified. The bill would require the employer to pay the qualified organization. The bill would require the qualified organization to ensure that the peer trainer is paid at least twice the state minimum wage per hour. The bill would require an employer to document and certify compliance with the training to nonsupervisors and payment of the qualified organization, as specified, on a form prescribed by, and available to, the division. A qualified organization would be required to submit a specified report to the director of a training within 48 hours of completion. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the advisory committee to approve and recommend the qualified organizations to the director. The bill would authorize a qualified organization to work with a training partner, as defined, to provide the required training. The bill would prescribe certain minimum qualifications for qualified organizations and peer trainers. The bill would require the director to develop, maintain, and update as prescribed a list of qualified organizations and qualified peer trainers, as recommended by the advisory committee. The bill would authorize the director, with the recommendation of the advisory committee, to waive the requirement to use a qualified organization or qualified peer trainer, as specified. Existing law prohibits the division from registering or renewing the registration of an employer, as described above, in specified circumstances. This bill would, additionally, prohibit the division from registering or renewing the registration of an employer if the employer has not fully satisfied a final judgment for certain unlawful employment practices, as specified. 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. This bill would incorporate additional changes to Sections 1421, 1429, 1429.5, and 1434 of the Labor Code proposed by AB 2732 to be operative only if this bill and AB 2732 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6994.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5951.).

  6. Read second time. Ordered to third reading.

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

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

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

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

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 19).

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 23. Page 5403.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 4.) (May 25).

  19. Coauthors revised.

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

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

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

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

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

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

  28. From printer. May be heard in committee March 10.

  29. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Primary
  • Ash Kalra · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • Gonzalez Fletcher

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 2079 GONZALEZ FLETCHER Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 372001
Democratic 15001
Republican 0600
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Kiley — Nay
Maienschein — Nay
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Cooley — Yea
Eggman — Yea
Cunningham — Nay
Daly — Yea
Frazier — Nay
Gloria — Yea
Jones-Sawyer — Yea
Chiu — Yea
Rivas — Yea
Rubio — Yea
Friedman — Yea
Salas — Yea
Gray — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Harper — Nay
Kamlager-Dove — Yea
Fong — Nay
Chau — Yea
Levine — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Chu — Yea
Chávez — Nay
Cooper — Not Voting
Medina — Yea
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Weber — Yea
Wood — 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 Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2079 Gonzalez Fletcher et al. By Lara

Passed 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211103
Democratic 5000
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Leyva — Yea
Moorlach — Nay
Nielsen — Nay
Roth — Yea
Galgiani — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Allen — Yea
De León — Yea
Monning — Yea
Delgado — Yea
Pan — Yea
Wieckowski — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Cannella — Not Voting
Fuller — Nay
Glazer — Not Voting
Hernandez — Yea
Morrell — Nay
Chang — Nay
Anderson — Nay
Beall — Yea
Dodd — Yea
Skinner — Yea
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
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 →

AB 2079 GONZALEZ FLETCHER Assembly Third Reading

Passed 53 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 381702
Democratic 15000
Republican 0600
Total 532302
% of votes cast 68%29%0%3%
How each member voted (78)
Member Party Vote
Acosta — Nay
Baker — Yea
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Mathis — Nay
Rendon — Yea
Santiago — Yea
Voepel — Nay
Chu — Yea
Eggman — Yea
Cooley — Yea
Frazier — Not Voting
Friedman — Yea
Gloria — Yea
Holden — Yea
Kamlager-Dove — Yea
Rubio — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Salas — Yea
Medina — Yea
Burke — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Mullin — Yea
Chau — Yea
Chiu — Yea
Daly — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Fong — Nay
Harper — Nay
Mayes — Nay
Bigelow — Nay
Chávez — Nay
Cooper — Not Voting
Cunningham — Nay
Melendez — Nay
Obernolte — Nay
Steinorth — Nay
Waldron — Nay
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
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 Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Obernolte — Nay
Quirk — Yea
Eggman — Yea
Friedman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Nazarian — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2079 do?
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. The division is headed by the Labor Commissioner and the department is headed by the Director of Industrial Relations. Existing law establishes certain protections for janitorial workers, including a requirement that the division, by January 1, 2019, establish a biennial in-person sexual violence and harassment prevention training requirement for certain employees and employers with the assistance of a prescribed advisory committee to be convened by the director. Existing law, effective July 1, 2018, requires employers of at least one employee and one or more covered workers, as defined, who provide janitorial services, as specified, to register with the commissioner annually and prohibits them from conducting business without a registration. Existing law requires an application for registration to be in a form prescribed by the commissioner and subscribed and sworn to by the employer, as specified. This bill would prohibit the division from approving a registration, as described above, if the employer does not include in his or her written application the name of any subcontractor or franchise servicing contracts affiliated with a branch location and the number of subcontracted or franchise employees servicing each of those contracts, the total number of employees working out of a listed branch office, and the address of each work location serviced by a branch office. The bill would require the director, by July 1, 2019, to also convene an advisory committee, with membership as prescribed, to develop requirements for qualified organizations and peer trainers that employers would be required to use to provide the biennial training described above. The bill would require the division to adopt advisory committee requirements for qualified organizations and peer trainers by January 1, 2020. The bill would require the division to require employers subject to the training requirements to use the training content created by the committee. The bill would require such an employer, upon request, to provide to an employee a copy of all training materials used during a training he or she attended. The bill would require employers to use a qualified organization from the list of qualified organizations developed and maintained by the director to provide the required training, and would require qualified organizations to provide peer trainers for employers to use in the training, as specified. The bill would require the employer to pay the qualified organization. The bill would require the qualified organization to ensure that the peer trainer is paid at least twice the state minimum wage per hour. The bill would require an employer to document and certify compliance with the training to nonsupervisors and payment of the qualified organization, as specified, on a form prescribed by, and available to, the division. A qualified organization would be required to submit a specified report to the director of a training within 48 hours of completion. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the advisory committee to approve and recommend the qualified organizations to the director. The bill would authorize a qualified organization to work with a training partner, as defined, to provide the required training. The bill would prescribe certain minimum qualifications for qualified organizations and peer trainers. The bill would require the director to develop, maintain, and update as prescribed a list of qualified organizations and qualified peer trainers, as recommended by the advisory committee. The bill would authorize the director, with the recommendation of the advisory committee, to waive the requirement to use a qualified organization or qualified peer trainer, as specified. Existing law prohibits the division from registering or renewing the registration of an employer, as described above, in specified circumstances. This bill would, additionally, prohibit the division from registering or renewing the registration of an employer if the employer has not fully satisfied a final judgment for certain unlawful employment practices, as specified. 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. This bill would incorporate additional changes to Sections 1421, 1429, 1429.5, and 1434 of the Labor Code proposed by AB 2732 to be operative only if this bill and AB 2732 are enacted and this bill is enacted last.
Who sponsors AB 2079?
AB 2079 is sponsored by Gonzalez Fletcher and Kalra, Ash (Democratic).
What is the current status of AB 2079?
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 AB 2079?
Track AB 2079 free on One Click Politics — get push/email alerts when it moves.

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