California 2021-2022 Regular Session Status: Passed Senate

SB 638 — Employment: personal social media of applicant or employee.

Last action — Ordered to inactive file on request of Assembly Member Reyes.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Existing law defines the term "social media" for those purposes to mean an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. This bill would revise that definition of "social media" to also mean an electronic platform and to include chat rooms and bulletin boards.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Reyes.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 8. Noes 0.) (June 28).

  4. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on P. & C.P.

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.

  6. Re-referred to Coms. on L. & E. and P. & C.P.

  7. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  8. Referred to Coms. on B. & F. and P. & C.P.

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

  10. Read third time. Passed. (Ayes 37. Noes 0. Page 1061.) Ordered to the Assembly.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  13. Set for hearing May 3.

  14. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 776.) (April 13). Re-referred to Com. on APPR.

  15. Set for hearing April 13.

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

  17. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 702.) (April 7).

  18. Set for hearing April 7.

  19. Re-referred to Coms. on B. & F.I. and JUD.

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

  21. Referred to Com. on RLS.

  22. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  23. (Ayes 32. Noes 4.)

  24. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  25. Read first time.

  26. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Hertzberg · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Hertzberg

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

Do pass.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 1000
Unaffiliated 0002
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Cunningham — Not Voting
Kiley — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 1000
Democratic 4000
Republican 1001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Ward, Christopher M. Democratic Yea
Flora, Heath Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 4001
Republican 0001
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Cooley — Yea
Mathis — Yea
Villapudua — Not Voting
Waldron — Yea
Bennett, Steve Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Lee, Alex Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

Consent Calendar SB638

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 10003
Republican 4000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Borgeas — Yea
Newman — Yea
Wilk — Yea
Pan — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Nielsen — Yea
Dodd — Yea
Skinner — Yea
Atkins — Yea
Kamlager — Yea
Hueso — Yea
Gonzalez — Yea
Roth — Yea
Leyva — Yea
Min — Yea
Melendez — Yea
Bradford — Yea
Rubio — Yea
Glazer — Yea
Eggman — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 5001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Wieckowski — Yea
Borgeas — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Republican 2000
Democratic 3000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Bradford — Yea
Portantino — Yea
Min — Yea
Hueso — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Limón, Monique Democratic Yea
Dahle, Megan Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 638 do?
Existing law prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Existing law also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Existing law defines the term "social media" for those purposes to mean an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. This bill would revise that definition of "social media" to also mean an electronic platform and to include chat rooms and bulletin boards.
Who sponsors SB 638?
SB 638 is sponsored by Hertzberg.
What is the current status of SB 638?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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 638?
Track SB 638 free on One Click Politics — get push/email alerts when it moves.

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