California 2015-2016 Regular Session Status: To Executive

AB 840 — Nurses and certified nursing assistants: overtime.

Last action — Vetoed by Governor.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill, commencing January 1, 2019, would prohibit a nurse or Certified Nursing Assistant (CNA) , as defined, employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. This bill would require such a facility to establish a 8-member joint labor management task force, with membership as prescribed, to meet quarterly to develop specific recommendations and a plan to reduce or eliminate mandatory overtime. The bill would require a task force, on or before November 1, 2018, to prepare and submit to the Legislature a report on its recommendations. Those task force and report provisions would be repealed on January 1, 2019. The bill would make a related statement of legislative intent.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 21. Page 6303.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5255.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  10. In committee: Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (June 27). Re-referred to Com. on APPR.

  12. Referred to Com. on P.E. & R.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 21. Page 1782.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

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

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 22). Re-referred to Com. on APPR.

  19. Referred to Com. on P.E., R., & S.S.

  20. From printer. May be heard in committee March 29.

  21. Read first time. To print.

Sponsors

  • Ridley-Thomas · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

  • Ridley-Thomas

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

AB 840 RIDLEY-THOMAS Concurrence in Senate Amendments

Passed 57 Yea · 21 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 521602
Democratic 5000
Republican 0500
Total 572102
% of votes cast 71%26%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Not Voting
Kim — Nay
Levine — Yea
Maienschein — Yea
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Campos — Yea
Salas — Yea
Chau — Yea
Bonilla — Yea
Frazier — Yea
Gatto — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Atkins — Yea
Linder — Yea
Low — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Burke — Not Voting
Chang — Nay
Baker — Nay
Steinorth — Nay
Gomez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB840 Ridley-Thomas By Pan

Passed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Block — Yea
Hill — Yea
Lara — Yea
Liu — Yea
Pan — Yea
Roth — Yea
Fuller — Nay
Galgiani — Yea
Cannella — Nay
Glazer — Yea
Hall — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Nay
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 840 RIDLEY-THOMAS Assembly Third Reading

Passed 57 Yea · 21 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 531502
Democratic 4000
Republican 0600
Total 572102
% of votes cast 71%26%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Not Voting
Holden — Yea
Low — Yea
Mathis — Nay
Mayes — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Jones-Sawyer — Yea
Medina — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Harper — Nay
Atkins — Yea
Levine — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Linder — Yea
Maienschein — Yea
McCarty — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Chang — Nay
Chávez — Not Voting
Baker — Nay
Kim — Nay
Steinorth — Nay
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10300
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Quirk — Yea
Wagner — Nay
Eggman — Yea
Gomez — Yea
Chang — Nay
Bigelow — Nay
Daly — Yea
Holden — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Gordon — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

healthcare 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 AB 840 do?
The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill, commencing January 1, 2019, would prohibit a nurse or Certified Nursing Assistant (CNA) , as defined, employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. This bill would require such a facility to establish a 8-member joint labor management task force, with membership as prescribed, to meet quarterly to develop specific recommendations and a plan to reduce or eliminate mandatory overtime. The bill would require a task force, on or before November 1, 2018, to prepare and submit to the Legislature a report on its recommendations. Those task force and report provisions would be repealed on January 1, 2019. The bill would make a related statement of legislative intent.
Who sponsors AB 840?
AB 840 is sponsored by Ridley-Thomas.
What is the current status of AB 840?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 840?
Track AB 840 free on One Click Politics — get push/email alerts when it moves.

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