California 2021-2022 Regular Session Status: Enacted

SB 93 — Employment: rehiring and retention: displaced workers: COVID-19 pandemic.

Last action — Chaptered by Secretary of State. Chapter 16, 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 December 16, 2020. 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 3 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 governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would, until December 31, 2024, require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired. This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions. The bill would prohibit the imposition of criminal penalties for a violation of these provisions. This bill would appropriate $6,000,000 and make available through June 30, 2025, from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the rehiring and retention of workers displaced due to the COVID-19 pandemic. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 16, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:15 a.m.

  4. Assembly amendments concurred in. (Ayes 25. Noes 11. Page 801.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 19. Page 960.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 and 63 suspended. (Ayes 53. Noes 17. Page 955.)

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

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

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

  13. Joint Rule 62(a) suspended. (Ayes 54. Noes 15. Page 328.)

  14. Referred to Com. on BUDGET.

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

  16. Read third time. Passed. (Ayes 22. Noes 2. Page 91.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. Withdrawn from committee. (Ayes 22. Noes 8. Page 76.)

  20. Read first time.

  21. From printer. May be acted upon on or after January 16.

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

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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 SB93 B. & F.R. (Skinner) Concurrence

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15602
Democratic 10102
Republican 0400
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Skinner — Yea
Atkins — Yea
Leyva — Yea
Wieckowski — Yea
Hertzberg — Yea
Kamlager — Yea
Newman — Yea
Min — Yea
Pan — Yea
Hueso — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Gonzalez — Yea
Portantino — Yea
Nielsen — Nay
Borgeas — Nay
Dodd — Nay
Bates — Nay
Wilk — Nay
Melendez — Nay
Bradford — Not Voting
Glazer — Not Voting
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 Nay
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 93 B. & F. R. Senate Third Reading By TING

Passed 54 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 24201
Unaffiliated 30803
Republican 0901
Total 541905
% of votes cast 69%24%0%6%
How each member voted (78)
Member Party Vote
Cooper — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Smith — Nay
Cunningham — Nay
Gray — Not Voting
Holden — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — 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
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
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 Nay
Petrie-Norris, Cottie Democratic Not Voting
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
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading SB93

Passed 22 Yea · 2 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 10003
Unaffiliated 12208
Republican 0004
Total 222015
% of votes cast 56%5%0%38%
How each member voted (39)
Member Party Vote
Leyva — Yea
Roth — Yea
Wieckowski — Yea
Atkins — Yea
Portantino — Yea
Dodd — Yea
Rubio — Yea
Bradford — Yea
Eggman — Yea
Hertzberg — Yea
Pan — Yea
Newman — Yea
Wilk — Nay
Nielsen — Nay
Hueso — Not Voting
Glazer — Not Voting
Borgeas — Not Voting
Gonzalez — Not Voting
Bates — Not Voting
Skinner — Not Voting
Min — Not Voting
Melendez — Not Voting
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 Not Voting
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 Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Subjects

public-safety 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 93 do?
Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would, until December 31, 2024, require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired. This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions. The bill would prohibit the imposition of criminal penalties for a violation of these provisions. This bill would appropriate $6,000,000 and make available through June 30, 2025, from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the rehiring and retention of workers displaced due to the COVID-19 pandemic. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 93?
SB 93 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 93?
This bill has been enacted into law. Introduced December 16, 2020. Enacted.
Where can I track SB 93?
Track SB 93 free on One Click Politics — get push/email alerts when it moves.

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