California 2015-2016 Regular Session Status: Enacted

AB 970 — Labor Commissioner: enforcement of employee claims.

Last action — Chaptered by Secretary of State - Chapter 783, Statutes of 2015.

  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 26, 2015. 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 7 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

(1) Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages. This bill would, in addition, authorize the Labor Commissioner to investigate and, upon a request from the local entity, to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations, except when the local entity has already issued a citation for the same violation. The bill would prohibit a local entity from issuing a citation to the employer if the Labor Commissioner has already issued a citation to that employer for the same violation. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. (2) Existing law requires an employer to indemnify his or her employees for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties or as a result of obeying the employer's directions. Existing law provides an aggrieved employee with a private right of action to recover these expenditures. This bill would, additionally, authorize the Labor Commissioner to enforce these provisions by issuing citations and penalties to employers for violations of this requirement, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 783, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 29. Page 2773.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 14. Page 2300.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. Read second time. Ordered to third reading.

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

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 5. Noes 1.) (June 22).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 10). Re-referred to Com. on APPR.

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

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 26. Page 1475.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 11. Noes 5.) (April 22).

  21. Re-referred to Com. on APPR.

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

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on APPR.

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

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

  26. Read first time. To print.

Sponsors

  • Nazarian · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Nazarian

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 970 NAZARIAN Concurrence in Senate Amendments

Passed 49 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 452402
Democratic 4000
Republican 0500
Total 492902
% of votes cast 61%36%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brown — Yea
Holden — Yea
Linder — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Perea — Not Voting
Quirk — Yea
Santiago — Yea
Wagner — Nay
Wilk — Nay
Eggman — Yea
Chávez — Nay
Cooper — Yea
Frazier — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Harper — Nay
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Atkins — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gray — Nay
Chang — Nay
Hadley — Nay
Kim — Nay
Bigelow — Nay
Brough — Nay
Obernolte — Nay
Rodriguez — Not Voting
Steinorth — Nay
Waldron — Nay
Gomez — 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
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 AB970 Nazarian By Leyva

Passed 25 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231301
Democratic 2100
Total 251401
% of votes cast 63%35%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Hernandez — Yea
Hertzberg — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Pavley — Yea
Wieckowski — Yea
Fuller — Nay
Glazer — Yea
Block — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Pan — Yea
Wolk — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Galgiani — Not Voting
Runner — Nay
Hancock — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Huff — Nay
Liu — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Nay
Hall — 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 · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Leyva — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Not Voting

Official roll call →

AB 970 NAZARIAN Assembly Third Reading

Passed 48 Yea · 26 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 442006
Democratic 4000
Republican 0600
Total 482606
% of votes cast 60%33%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Brough — Nay
Brown — Not Voting
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Not Voting
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Ting — Yea
Wilk — Nay
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Atkins — Yea
Frazier — Yea
Burke — Yea
Gordon — Yea
Gray — Nay
Harper — Nay
Kim — Not Voting
Levine — Yea
Chang — Nay
Linder — Nay
Bigelow — Nay
Chau — Yea
Chu — Yea
Chávez — Nay
Mayes — Nay
Melendez — Not Voting
Obernolte — Nay
Perea — Not Voting
Rodriguez — Not Voting
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Weber — Yea
Williams — Yea
Campos — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Lopez — Yea
Holden — Yea
Bloom — Yea
Dodd — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Gonzalez — Yea
Hadley — Nay
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 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 2000
Republican 0200
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Weber — Yea
Eggman — Yea
Gomez — Yea
Holden — Yea
Chang — Nay
Daly — Not Voting
Rendon — Yea
Wagner — Nay
Wood — 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

labor
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Frequently asked questions

What does AB 970 do?
(1) Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages. This bill would, in addition, authorize the Labor Commissioner to investigate and, upon a request from the local entity, to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations, except when the local entity has already issued a citation for the same violation. The bill would prohibit a local entity from issuing a citation to the employer if the Labor Commissioner has already issued a citation to that employer for the same violation. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. (2) Existing law requires an employer to indemnify his or her employees for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties or as a result of obeying the employer's directions. Existing law provides an aggrieved employee with a private right of action to recover these expenditures. This bill would, additionally, authorize the Labor Commissioner to enforce these provisions by issuing citations and penalties to employers for violations of this requirement, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 970?
AB 970 is sponsored by Nazarian.
What is the current status of AB 970?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 970?
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