AB 1317 — Labor Code Private Attorneys General Act of 2004.
Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. Existing law establishes the Department of Industrial Relations within the agency and sets forth its powers and duties, including, but not limited to, fostering, promoting, and developing the welfare of wage earnings. This bill would appropriate $1,400,000 to the department for deposit into the Labor and Workforce Development Fund for the purpose of establishing 9 new positions to review and investigate private attorneys general cases under the act.
Bill Text
- Amended 06/20/16 - Amended Senate Current pdf June 20, 2016
- Amended 06/16/16 - Amended Senate pdf June 16, 2016
- Amended 06/01/15 - Amended Assembly pdf June 01, 2015
- Amended 04/23/15 - Amended Assembly pdf April 23, 2015
- Introduced 02/27/15 - Introduced pdf February 27, 2015
- AB1317 View text html
Action History
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on ED.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1914.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (May 28).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 21).
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Referred to Com. on HIGHER ED.
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Read first time.
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From printer. May be heard in committee March 31.
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Introduced. To print.
Sponsors
- Salas · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Salas
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 69 | 0 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 2 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Holden | — | Yea |
| Kim | — | Yea |
| Linder | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Obernolte | — | Yea |
| Perea | — | Yea |
| Quirk | — | Not Voting |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Weber | — | Yea |
| Wood | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Salas | — | Yea |
| Eggman | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Burke | — | Yea |
| Gordon | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Campos | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Mayes | — | Yea |
| Gray | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Atkins | — | Yea |
| Chang | — | Yea |
| Bonilla | — | Yea |
| Melendez | — | Yea |
| Lopez | — | Yea |
| Nazarian | — | Yea |
| Alejo | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| O'Donnell | — | Yea |
| Olsen | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Wagner | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Williams | — | Yea |
| Mathis | — | Yea |
| Ting | — | Yea |
| Gonzalez | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 1 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 14 | 1 | 0 | 2 |
| % of votes cast | 82% | 6% | 0% | 12% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Nay |
| Weber | — | Yea |
| Eggman | — | Yea |
| Gordon | — | Yea |
| Rendon | — | Yea |
| Holden | — | Yea |
| Chang | — | Yea |
| Daly | — | Yea |
| Quirk | — | Yea |
| Wagner | — | Not Voting |
| Wood | — | Yea |
| Gomez | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Baker | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Harper | — | Yea |
| Chávez | — | Yea |
| Bloom | — | Yea |
| Linder | — | Yea |
| Low | — | Yea |
| Medina | — | Yea |
| Santiago | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Irwin, Jacqui | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 1317 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 provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. Existing law establishes the Department of Industrial Relations within the agency and sets forth its powers and duties, including, but not limited to, fostering, promoting, and developing the welfare of wage earnings. This bill would appropriate $1,400,000 to the department for deposit into the Labor and Workforce Development Fund for the purpose of establishing 9 new positions to review and investigate private attorneys general cases under the act.
- Who sponsors AB 1317?
- AB 1317 is sponsored by Salas.
- What is the current status of AB 1317?
- This bill died with 2015-2016 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 1317?
- Track AB 1317 free on One Click Politics — get push/email alerts when it moves.
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