California 2021-2022 Regular Session Status: Passed Assembly 2 D cosponsors

AB 650 — Employer-provided benefits: health care workers: COVID-19: hazard pay retention bonuses.

Last action — Died on inactive file.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law charges the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, with enforcement of various labor laws. This bill, the Health Care Workers Recognition and Retention Act, would require a covered employer, as defined, to pay hazard pay retention bonuses in the prescribed amounts on January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022, to each covered health care worker, as defined, that it employs. The bill would provide that hazard pay retention bonuses are in addition to all other compensation due and are not part of the health care worker's regular rate of pay or compensation. The bill would make it a violation of these provisions for a covered employer to discharge, layoff, or reduce a covered health care worker's compensation or hours so as to prevent that worker from receiving hazard pay retention bonuses, as specified. The bill would authorize a covered employer to reduce the total sum of the hazard pay retention bonuses by an amount equal to qualifying hazard pay and qualifying monetary bonuses already paid to a covered health care worker during the state of emergency related to the COVID-19 pandemic, as provided. The bill would state the intent of the Legislature that the provisions regarding the discharge, layoff, or reduction in a covered health care worker's compensation or hours in order to avoid paying the bonuses as being a violation of these provisions be retroactively applied to March 1, 2021. The bill would make a covered employer who violates these provisions liable for wages, civil penalties, and reasonable attorney's fees and costs, as specified. The bill would also authorize the commissioner to issue a citation against a covered employer or other person acting on behalf of the health care provider who violates this part, in accordance with certain procedures. The bill would authorize a covered employer to seek a complete or partial exemption from the hazard pay retention bonus requirements based on an inability to pay. The bill would require the commissioner, for a private employer, to make a determination of whether to grant the exemption based on an affidavit from the covered private employer, submitted under penalty of perjury, in which the covered private employer would be required to declare that specified conditions are true and accurate. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also require the commissioner to require the covered employer to pay an amount, not to exceed the reasonable administrative costs, of determining whether the employer is entitled to the exemption. The bill would provide that a covered health care provider that obtains an exemption from the commissioner pursuant to this provision may be eligible to receive grant moneys from a Health Care Worker Recognition and Retention Fund or other fund created by the Legislature for the purpose of providing hazard pay or bonuses to health care workers, upon meeting the requirements for disbursements from that fund. The bill would include related legislative findings. The bill would make the act inoperative on December 31, 2023. 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 inactive file.

  2. Ordered to inactive file at the request of Assembly Member Muratsuchi.

  3. Read third time and amended. Ordered to third reading. (Page 1709.)

  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 9. Noes 1.) (May 20).

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

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 22). Re-referred to Com. on APPR.

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

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

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

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

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

  14. From printer. May be heard in committee March 15.

  15. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 as amended.

Passed 9 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 3102
Republican 0002
Total 9106
% of votes cast 56%6%0%38%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Not Voting
Chau — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Not Voting
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

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Subjects

healthcare labor health-insurance
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Frequently asked questions

What does AB 650 do?
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law charges the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, with enforcement of various labor laws. This bill, the Health Care Workers Recognition and Retention Act, would require a covered employer, as defined, to pay hazard pay retention bonuses in the prescribed amounts on January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022, to each covered health care worker, as defined, that it employs. The bill would provide that hazard pay retention bonuses are in addition to all other compensation due and are not part of the health care worker's regular rate of pay or compensation. The bill would make it a violation of these provisions for a covered employer to discharge, layoff, or reduce a covered health care worker's compensation or hours so as to prevent that worker from receiving hazard pay retention bonuses, as specified. The bill would authorize a covered employer to reduce the total sum of the hazard pay retention bonuses by an amount equal to qualifying hazard pay and qualifying monetary bonuses already paid to a covered health care worker during the state of emergency related to the COVID-19 pandemic, as provided. The bill would state the intent of the Legislature that the provisions regarding the discharge, layoff, or reduction in a covered health care worker's compensation or hours in order to avoid paying the bonuses as being a violation of these provisions be retroactively applied to March 1, 2021. The bill would make a covered employer who violates these provisions liable for wages, civil penalties, and reasonable attorney's fees and costs, as specified. The bill would also authorize the commissioner to issue a citation against a covered employer or other person acting on behalf of the health care provider who violates this part, in accordance with certain procedures. The bill would authorize a covered employer to seek a complete or partial exemption from the hazard pay retention bonus requirements based on an inability to pay. The bill would require the commissioner, for a private employer, to make a determination of whether to grant the exemption based on an affidavit from the covered private employer, submitted under penalty of perjury, in which the covered private employer would be required to declare that specified conditions are true and accurate. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also require the commissioner to require the covered employer to pay an amount, not to exceed the reasonable administrative costs, of determining whether the employer is entitled to the exemption. The bill would provide that a covered health care provider that obtains an exemption from the commissioner pursuant to this provision may be eligible to receive grant moneys from a Health Care Worker Recognition and Retention Fund or other fund created by the Legislature for the purpose of providing hazard pay or bonuses to health care workers, upon meeting the requirements for disbursements from that fund. The bill would include related legislative findings. The bill would make the act inoperative on December 31, 2023. 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 650?
AB 650 is sponsored by Muratsuchi, Al (Democratic), Kalra, Ash (Democratic), and Rodriguez.
What is the current status of AB 650?
This bill died with 2021-2022 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 650?
Track AB 650 free on One Click Politics — get push/email alerts when it moves.

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