California 2009-2010, 2nd Special Session Status: Enacted

AB 5 — Employment: alternative workweek schedules.

Last action — Chaptered by Secretary of State. Chapter 3, Statutes of 2009-10 Second Extraordinary Session.

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

This bill has been enacted into law. Introduced February 11, 2009. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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 authorizes an employer to propose an alternative workweek schedule, as defined, that may be either a single, standard work schedule or part of a menu of work schedule options offered to the employees. Under existing law, approval by secret ballot election of at least 23 of the affected employees in a work unit is required for adoption of an alternative workweek schedule. This bill would define "work unit" for purposes of these provisions and would authorize inclusion of a regular schedule of 8-hour days in the menu of work schedule options, with specified overtime compensation. The bill would authorize employees, with the consent of their employer, to move on a weekly basis from one work schedule to another on the adopted menu of work schedule options.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 3, Statutes of 2009-10 Second Extraordinary Session.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11 a.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 33. Noes 2. Page 44.)

  6. Reconsideration granted. (Ayes 39. Noes 0. Page 40.)

  7. Motion to reconsider made by Senator Florez.

  8. Read third time, passed, and to Assembly. (Ayes 29. Noes 6. Page 39.)

  9. Unanimous consent granted to take up without reference to file.

  10. Read second time. To third reading.

  11. Withdrawn from committee. Ordered placed on second reading file.

  12. Referred to Com. on RLS.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 46. Noes 29. Page 46.)

  15. Read third time, amended, and returned to third reading. (Page 45.).

  16. Read second time. To third reading.

  17. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 67. Noes 1. Page 43.)

  18. From printer.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (1)

  • Tran

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Assembly 3rd Supp 1 AB5 Gaines Benoit

Passed 33 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 29205
Democratic 3000
Republican 1000
Total 33205
% of votes cast 83%5%0%13%
How each member voted (40)
Member Party Vote
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Yee — Nay
Cedillo — Yea
Ashburn — Yea
Dutton — Yea
Runner — Yea
Negrete — Not Voting
Hancock — Yea
Ducheny — Nay
Hollingsworth — Yea
Leno — Yea
Liu — Yea
McLeod — Not Voting
Oropeza — Yea
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Not Voting
Benoit — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Maldonado — Yea
Romero — Not Voting
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE AB5 Gaines

Passed 30 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 26604
Democratic 3000
Republican 1000
Total 30604
% of votes cast 75%15%0%10%
How each member voted (40)
Member Party Vote
Wyland — Yea
Cox — Yea
DeSaulnier — Nay
Denham — Yea
Florez — Yea
Yee — Nay
Cedillo — Nay
Cogdill — Yea
Hancock — Yea
Harman — Yea
Negrete — Yea
Runner — Yea
Huff — Yea
Kehoe — Yea
Leno — Not Voting
McLeod — Yea
Ashburn — Yea
Corbett — Nay
Correa — Yea
Ducheny — Not Voting
Dutton — Not Voting
Oropeza — Yea
Pavley — Yea
Romero — Nay
Steinberg — Not Voting
Walters — Yea
Wolk — Yea
Wright — Nay
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Hollingsworth — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB5 GAINES Assembly Third Reading Second Extraordinary Session

Passed 52 Yea · 35 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 473304
Democratic 2201
Republican 3000
Total 523505
% of votes cast 57%38%0%5%
How each member voted (92)
Member Party Vote
Cook — Yea
Emmerson — Yea
Coto — Nay
Eng — Not Voting
Feuer — Nay
Davis — Not Voting
Yamada — Nay
Furutani — Nay
Garrick — Yea
Carter — Yea
Conway — Yea
DeVore — Yea
Duvall — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Fuller — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
Hall — Yea
Harkey — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
Audra — Yea
Anderson — Yea
Beall — Yea
Huber — Yea
Knight — Yea
Lieu — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Chesbro — Not Voting
Charles — Nay
De — Nay
Leon — Nay
V. — Nay
Manuel — Nay
Perez — Nay
John — Nay
A. — Nay
Perez — Nay
Portantino — Nay
Salas — Nay
Saldana — Nay
Fuentes — Nay
Galgiani — Not Voting
Hayashi — Nay
Hill — Nay
Huffman — Nay
Krekorian — Nay
Bass — Yea
Ma — Nay
Mendoza — Nay
Price — Nay
Skinner — Nay
Torres — Nay
Villines — Yea
Adams — Yea
Ammiano — Nay
Blakeslee — Yea
Block — Nay
Blumenfield — Nay
Brownley — Nay
Buchanan — Nay
Hernandez — Nay
Jeffries — Yea
Logue — Yea
Monning — Yea
Swanson — Nay
Tran — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Nay
Fong, Mike Democratic Nay
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 5 do?
Existing law authorizes an employer to propose an alternative workweek schedule, as defined, that may be either a single, standard work schedule or part of a menu of work schedule options offered to the employees. Under existing law, approval by secret ballot election of at least 23 of the affected employees in a work unit is required for adoption of an alternative workweek schedule. This bill would define "work unit" for purposes of these provisions and would authorize inclusion of a regular schedule of 8-hour days in the menu of work schedule options, with specified overtime compensation. The bill would authorize employees, with the consent of their employer, to move on a weekly basis from one work schedule to another on the adopted menu of work schedule options.
Who sponsors AB 5?
AB 5 is sponsored by Tran and Beth Gaines.
What is the current status of AB 5?
This bill has been enacted into law. Introduced February 11, 2009. Enacted.
Where can I track AB 5?
Track AB 5 free on One Click Politics — get push/email alerts when it moves.

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