California 2015-2016 Regular Session Status: Enacted

AB 2899 — Minimum wage violations: challenges.

Last action — Chaptered by Secretary of State - Chapter 622, Statutes of 2016.

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  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 March 01, 2016. 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 5 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

Under existing law, any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by applicable state or local law or an order of the Industrial Welfare Commission, is subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable specified penalties, as provided. Existing law provides notice and hearing requirements under which a person against whom a citation has been issued can request a hearing to contest proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties. Existing law further provides that after a hearing with the Labor Commissioner, a person contesting a citation may file a writ of mandate, within 45 days, with the appropriate superior court. This bill would require a person seeking a writ of mandate contesting the Labor Commissioner's ruling to post a bond with the Labor Commissioner, as specified, in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bill would require that the bond be issued in favor of the unpaid employees and ensure that the person seeking the writ makes prescribed payments pursuant to the proceedings. The bill would provide that the proceeds of the bond, sufficient to cover the amount owed, would be forfeited to the employee if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 622, Statutes of 2016.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 5338.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 29). Re-referred to Com. on APPR.

  9. Referred to Com. on L. & I.R.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 24. Page 4903.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 14. Noes 6.) (May 18).

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 20). Re-referred to Com. on APPR.

  18. Re-referred to Com. on L. & E.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  20. Re-referred to Com. on L. & E.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

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

  23. From printer. May be heard in committee April 1.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

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

3rd Reading AB2899 Roger Hernández By Hueso

Passed 25 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 2100
Total 251202
% of votes cast 64%31%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hancock — Yea
Hill — Yea
Huff — Nay
Leno — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Vidak — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Glazer — Yea
Hall — Yea
Beall — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Not Voting
Galgiani — Not Voting
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 →

AB 2899 HERNÁNDEZ Assembly Third Reading

Passed 52 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 481903
Democratic 4001
Republican 0500
Total 522404
% of votes cast 65%30%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Olsen — Nay
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Not Voting
Gatto — Yea
Frazier — Yea
Burke — Yea
Atkins — Yea
Gomez — Yea
Gordon — Yea
Chang — Yea
Harper — Nay
Campos — Yea
Cooper — Yea
Dababneh — Yea
Salas — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Nazarian — Yea
Holden — Yea
Kim — Nay
Levine — Yea
Chau — Yea
Linder — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Not Voting
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Not Voting
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 →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Obernolte — Nay
Eggman — Yea
Holden — Yea
Bonilla — Yea
Daly — Yea
Quirk — Yea
Santiago — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 2899 do?
Under existing law, any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by applicable state or local law or an order of the Industrial Welfare Commission, is subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable specified penalties, as provided. Existing law provides notice and hearing requirements under which a person against whom a citation has been issued can request a hearing to contest proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties. Existing law further provides that after a hearing with the Labor Commissioner, a person contesting a citation may file a writ of mandate, within 45 days, with the appropriate superior court. This bill would require a person seeking a writ of mandate contesting the Labor Commissioner's ruling to post a bond with the Labor Commissioner, as specified, in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bill would require that the bond be issued in favor of the unpaid employees and ensure that the person seeking the writ makes prescribed payments pursuant to the proceedings. The bill would provide that the proceeds of the bond, sufficient to cover the amount owed, would be forfeited to the employee if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings, as specified.
Who sponsors AB 2899?
AB 2899 is sponsored by Roger Hernández.
What is the current status of AB 2899?
This bill has been enacted into law. Introduced March 01, 2016. Enacted.
Where can I track AB 2899?
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