California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 628 — Employment: victims of sexual harassment: protections.

Last action — Died on unfinished business file, reconsideration pending.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking and who takes time off from work to obtain, or attempt to obtain, any relief to help ensure the health, safety, or welfare of the victim or their child. Existing law also prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking because of the employee's status as a victim, if the employer has notice or knowledge of that status. Existing law additionally prohibits an employer with 25 or more employees from discharging, or discriminating or retaliating against, an employee who is a victim, in this regard, who takes time off to obtain specified services or counseling. Existing law requires the employee to give the employer reasonable advance notice of the employee's intention to take time off, unless the advance notice is not feasible. Existing law, when an unscheduled absence occurs, prohibits the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a specified certification to the employer. Existing law makes it a misdemeanor for an employer to refuse to rehire, promote, or restore an employee who has been determined to be so eligible by a grievance procedure or legal hearing. This bill would extend these employment protections to victims of sexual harassment, as defined. The bill would also extend these employment protections to specified family members, as defined, of the victims for taking time off from work to provide assistance to the victims when seeking relief or obtaining those services and counseling, as described above. The bill would, if the employee's need for leave is foreseeable, require the employee to provide the employer with reasonable advance notice, unless the advance notice is not feasible. The bill would authorize the employer to require that the employee's request for leave be supported by a specified certification. The bill would, if it is not feasible for the employee to provide certification prior to the leave, prohibit the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. The bill would apply these protections to state and local public employers and to the Legislature. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would extend confidentiality protections provided to victims in this context, which existing law applies only to people employed by employers with 25 or more employees, to employers generally. The bill would make conforming changes. (2) 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. Died on unfinished business file, reconsideration pending.

  2. Motion to reconsider made by Assembly Member Bonta.

  3. Read third time. Refused passage. (Ayes 36. Noes 15. Page 2130.).

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered returned to second reading.

  6. From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 16).

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

  8. Re-referred to Com. on APPR.

  9. Read second time and amended.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 9).

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (April 3). Re-referred to Com. on JUD.

  12. Referred to Coms. on L. & E. and JUD.

  13. From printer. May be heard in committee March 21.

  14. 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.

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Votes

AB 628 Bonta Assembly Third Reading

Failed 36 Yea · 15 Nay · 29 Other
Party YeaNayPresentNot Voting
Unaffiliated 2510017
Democratic 111010
Republican 0402
Total 3615029
% of votes cast 45%19%0%36%
How each member voted (80)
Member Party Vote
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Nazarian — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
McCarty — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Voepel — Nay
Kiley — Nay
Obernolte — Nay
Bigelow — Nay
Frazier — Nay
Melendez — Nay
Waldron — Nay
Brough — Not Voting
Mayes — Not Voting
Mathis — Not Voting
Cooley — Not Voting
Smith — Not Voting
Cunningham — Not Voting
Diep — Not Voting
Rodriguez — Not Voting
Gray — Not Voting
Daly — Not Voting
Eggman — Not Voting
Low — Not Voting
Burke — Not Voting
Cooper — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 5002
Unaffiliated 7004
Total 12006
% of votes cast 67%0%0%33%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Obernolte — Not Voting
Brough — Not Voting
Bigelow — Not Voting
Diep — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea

Official roll call →

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

Passed 8 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 2001
Republican 0100
Total 8301
% of votes cast 67%25%0%8%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 628 do?
(1) Existing law prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking and who takes time off from work to obtain, or attempt to obtain, any relief to help ensure the health, safety, or welfare of the victim or their child. Existing law also prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking because of the employee's status as a victim, if the employer has notice or knowledge of that status. Existing law additionally prohibits an employer with 25 or more employees from discharging, or discriminating or retaliating against, an employee who is a victim, in this regard, who takes time off to obtain specified services or counseling. Existing law requires the employee to give the employer reasonable advance notice of the employee's intention to take time off, unless the advance notice is not feasible. Existing law, when an unscheduled absence occurs, prohibits the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a specified certification to the employer. Existing law makes it a misdemeanor for an employer to refuse to rehire, promote, or restore an employee who has been determined to be so eligible by a grievance procedure or legal hearing. This bill would extend these employment protections to victims of sexual harassment, as defined. The bill would also extend these employment protections to specified family members, as defined, of the victims for taking time off from work to provide assistance to the victims when seeking relief or obtaining those services and counseling, as described above. The bill would, if the employee's need for leave is foreseeable, require the employee to provide the employer with reasonable advance notice, unless the advance notice is not feasible. The bill would authorize the employer to require that the employee's request for leave be supported by a specified certification. The bill would, if it is not feasible for the employee to provide certification prior to the leave, prohibit the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. The bill would apply these protections to state and local public employers and to the Legislature. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would extend confidentiality protections provided to victims in this context, which existing law applies only to people employed by employers with 25 or more employees, to employers generally. The bill would make conforming changes. (2) 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 AB 628?
AB 628 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 628?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 628?
Track AB 628 free on One Click Politics — get push/email alerts when it moves.

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