California 2021-2022 Regular Session Status: Enacted

SB 646 — Labor Code Private Attorneys General Act of 2004: janitorial employees.

Last action — Chaptered by Secretary of State. Chapter 337, Statutes of 2021.

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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 19, 2021. 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 8 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

Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow prescribed procedures before bringing an action and establishes alternate procedures for specific categories of violations. The act requires, except as provided, that 75% of the civil penalties recovered by aggrieved employees be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and for education of employers and employees about their rights and responsibilities, and 25% be distributed to the aggrieved employees. Existing law requires a person or entity that employs one or more janitors or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services, as specified, to register with the Labor Commissioner as a property service employer annually and prohibits them from conducting business without a registration. This bill would except from the Labor Code Private Attorneys General Act of 2004 a janitorial employee, as defined, represented by a labor organization that has represented janitors before January 1, 2021, and employed by a janitorial contractor who registered with the commissioner as a property service employer in calendar year 2020, with respect to work performed under a valid collective bargaining agreement in effect any time before July 1, 2028, that contains certain provisions, including, among others, a grievance and binding arbitration procedure to redress violations that authorizes the arbitrator to award otherwise available remedies. The bill would require a janitorial contractor who has entered into an agreement as prescribed to share, within 60 days of entering the agreement, specified information about the agreement with the Labor and Workforce Development Agency. The bill would specify that its provisions do not apply to existing cases filed before the effective date of the bill and does not prevent a janitorial employee from filing certain actions. The bill would authorize the exception until the collective bargaining agreement expires or until July 1, 2028, whichever is earlier, and would repeal the bill's provisions on July 1, 2028.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 337, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 27. Noes 9. Page 2545.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 1. Page 2538.)

  6. Set for hearing September 8.

  7. From committee: Be re-referred to Com. on L., P.E. & R. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2418.) Re-referred to Com. on L., P.E. & R.

  8. Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 65. Noes 2. Page 2751.) Ordered to the Senate.

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 26).

  14. August 19 set for first hearing. Placed on suspense file.

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

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 13).

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

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (July 6). Re-referred to Com. on JUD.

  19. Re-referred to Coms. on L. & E. and JUD. pursuant to Assembly Rule 96.

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

  21. June 16 set for first hearing canceled at the request of author.

  22. Referred to Com. on U. & E.

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

  24. Read third time. Passed. (Ayes 38. Noes 0. Page 1092.) Ordered to the Assembly.

  25. Read second time. Ordered to third reading.

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

  27. Set for hearing May 10.

  28. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0. Page 916.) (April 26). Re-referred to Com. on APPR.

  29. Set for hearing April 26.

  30. Re-referred to Com. on E., U. & C.

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

  32. Referred to Com. on RLS.

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

  34. (Ayes 32. Noes 4.)

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

  36. Read first time.

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

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

Sponsors

  • Hertzberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

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

Unfinished Business SB646 Hertzberg Concurrence

Passed 27 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16502
Democratic 11002
Republican 0400
Total 27904
% of votes cast 68%23%0%10%
How each member voted (40)
Member Party Vote
Wilk — Nay
Bradford — Yea
Portantino — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Eggman — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 646 Hertzberg Senate Third Reading By Reyes

Passed 65 Yea · 2 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 25001
Unaffiliated 35207
Republican 5004
Total 652012
% of votes cast 82%3%0%15%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Wood — Yea
Mayes — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Kiley — Nay
Voepel — Not Voting
Quirk — Not Voting
Nazarian — Not Voting
Bigelow — Not Voting
Rendon — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. 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
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 6000
Republican 0002
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

Official roll call →

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

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 2000
Republican 1001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Chiu — Yea
Maienschein — Yea
Chau — Yea
Kiley — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 23000
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Eggman — Yea
Leyva — Yea
Melendez — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Dodd — Yea
Bradford — Yea
Wilk — Yea
Rubio — Yea
Glazer — Yea
Pan — Yea
Gonzalez — Yea
Skinner — Yea
Bates — Yea
Hueso — Yea
Wieckowski — Yea
Hertzberg — Yea
Atkins — Yea
Kamlager — Yea
Roth — Yea
Nielsen — Yea
Borgeas — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
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 →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 3000
Republican 2000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Dodd — Yea
Bradford — Yea
Min — Yea
Hueso — Yea
Gonzalez — Yea
Rubio — Yea
Hertzberg — Yea
Borgeas — Yea
Eggman — Yea
Becker, Josh Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 646 do?
Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow prescribed procedures before bringing an action and establishes alternate procedures for specific categories of violations. The act requires, except as provided, that 75% of the civil penalties recovered by aggrieved employees be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and for education of employers and employees about their rights and responsibilities, and 25% be distributed to the aggrieved employees. Existing law requires a person or entity that employs one or more janitors or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services, as specified, to register with the Labor Commissioner as a property service employer annually and prohibits them from conducting business without a registration. This bill would except from the Labor Code Private Attorneys General Act of 2004 a janitorial employee, as defined, represented by a labor organization that has represented janitors before January 1, 2021, and employed by a janitorial contractor who registered with the commissioner as a property service employer in calendar year 2020, with respect to work performed under a valid collective bargaining agreement in effect any time before July 1, 2028, that contains certain provisions, including, among others, a grievance and binding arbitration procedure to redress violations that authorizes the arbitrator to award otherwise available remedies. The bill would require a janitorial contractor who has entered into an agreement as prescribed to share, within 60 days of entering the agreement, specified information about the agreement with the Labor and Workforce Development Agency. The bill would specify that its provisions do not apply to existing cases filed before the effective date of the bill and does not prevent a janitorial employee from filing certain actions. The bill would authorize the exception until the collective bargaining agreement expires or until July 1, 2028, whichever is earlier, and would repeal the bill's provisions on July 1, 2028.
Who sponsors SB 646?
SB 646 is sponsored by Hertzberg.
What is the current status of SB 646?
This bill has been enacted into law. Introduced February 19, 2021. Enacted.
Where can I track SB 646?
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