California 2019-2020 Regular Session Status: Enacted

SB 688 — Failure to pay wages: penalties.

Last action — Chaptered by Secretary of State. Chapter 723, Statutes of 2019.

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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 22, 2019. 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 7 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

(1) Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would also provide that if the Labor Commissioner determines that an employer has paid a wage less than the wage set by contract in excess of minimum wage, the Labor Commissioner may issue a citation to the employer to recover restitution of the amounts owed. (2) Existing law requires an employer seeking to file a writ of mandate with the court to contest an assessment of a civil penalty by the Labor Commissioner to post an undertaking in a specified amount. Existing law provides that some or all of the undertaking may be forfeited to the affected employee if the employer does not pay the court's judgment regarding wages or damages owed within 10 days of the entry of the judgment. This bill would instead have the undertaking forfeited to the Labor Commissioner for appropriate distribution.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 723, Statutes of 2019.

  2. Approved by the Governor.

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

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 63. Noes 13. Page 2960.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 14. Noes 4.) (August 14).

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 9). Re-referred to Com. on APPR.

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on JUD.

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

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

  12. Read third time. Passed. (Ayes 32. Noes 6. Page 1155.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

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

  15. Set for hearing May 13.

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

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 800.) (April 23).

  18. Set for hearing April 23.

  19. From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1. Page 654.) (April 10). Re-referred to Com. on JUD.

  20. Set for hearing April 10.

  21. Re-referred to Coms. on L., P.E. & R. and JUD.

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

  23. Referred to Com. on RLS.

  24. Read first time.

  25. From printer. May be acted upon on or after March 27.

  26. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Monning · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Monning

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

SB 688 Monning Senate Third Reading By Kalra

Passed 63 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 401002
Democratic 21001
Republican 2300
Total 631303
% of votes cast 80%16%0%4%
How each member voted (79)
Member Party Vote
Salas — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Fong — Nay
Voepel — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 9400
Total 14400
% of votes cast 78%22%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

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

Passed 9 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6101
Democratic 3000
Republican 0001
Total 9102
% of votes cast 75%8%0%17%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading

Passed 32 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23400
Democratic 9000
Republican 0200
Total 32600
% of votes cast 84%16%0%0%
How each member voted (38)
Member Party Vote
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

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

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 4000
Republican 0100
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Borgeas — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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 688 do?
(1) Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would also provide that if the Labor Commissioner determines that an employer has paid a wage less than the wage set by contract in excess of minimum wage, the Labor Commissioner may issue a citation to the employer to recover restitution of the amounts owed. (2) Existing law requires an employer seeking to file a writ of mandate with the court to contest an assessment of a civil penalty by the Labor Commissioner to post an undertaking in a specified amount. Existing law provides that some or all of the undertaking may be forfeited to the affected employee if the employer does not pay the court's judgment regarding wages or damages owed within 10 days of the entry of the judgment. This bill would instead have the undertaking forfeited to the Labor Commissioner for appropriate distribution.
Who sponsors SB 688?
SB 688 is sponsored by Monning.
What is the current status of SB 688?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track SB 688?
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