California 2015-2016 Regular Session Status: Passed Assembly Bipartisan · 1 R · 1 D cosponsors

AB 67 — Double Pay on the Holiday Act of 2016.

Last action — Assembly refused to concur in Senate amendments. (Ayes 31. Noes 37. Page 6585.)

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

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that 8 hours of labor constitutes a day's work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 112 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. A violation of these overtime wage provisions constitutes a crime. This bill would enact the Double Pay on the Holiday Act of 2016, which would require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments, as defined, except employees in specified categories, for work on a family holiday, as defined. The bill would exempt retail food facilities, as defined, from the act unless the retail food facility is a grocery store establishment, or is located within a retail establishment, or is located within a grocery store establishment and primarily sells food for onsite consumption. Because this bill would expand the definition of a crime, it would impose a state-mandated local program. 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. Assembly refused to concur in Senate amendments. (Ayes 31. Noes 37. Page 6585.)

  2. In Assembly. Concurrence in Senate amendments pending.

  3. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 14. Page 5494.).

  4. Read second time. Ordered to third reading.

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

  6. Read second time. Ordered to third reading.

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

  8. In committee: Hearing postponed by committee.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 8).

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

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 32. Page 3508.)

  15. Read third time and amended. Ordered to third reading. (Page 3474.)

  16. Ordered to third reading.

  17. From inactive file.

  18. Notice of intention to remove from inactive file given by Assembly Member Gonzalez.

  19. Ordered to inactive file at the request of Assembly Member Gonzalez.

  20. Reconsideration granted. (Page 1943.)

  21. Motion to reconsider made by Assembly Member Gonzalez.

  22. Read third time. Refused passage. (Ayes 29. Noes 34. Page 1928.).

  23. Assembly Rule 69(d) suspended. (Page 1903.)

  24. Ordered to third reading.

  25. Amended.

  26. Read second time.

  27. Read second time and amended. Ordered returned to second reading.

  28. From committee: Amend, and do pass as amended. (Ayes 10. Noes 5.) (May 28).

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

  30. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 18). Re-referred to Com. on APPR.

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

  32. Read first time.

  33. From printer. May be heard in committee January 17.

  34. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 13 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 67 GONZALEZ Concurrence in Senate Amendments

Failed 31 Yea · 37 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 2830012
Democratic 3200
Republican 0500
Total 3137012
% of votes cast 39%46%0%15%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Yea
Brough — Nay
Brown — Not Voting
Levine — Nay
Maienschein — Nay
Mathis — Nay
McCarty — Yea
Nazarian — Not Voting
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Wagner — Nay
Wood — Yea
Eggman — Not Voting
Chávez — Nay
Daly — Nay
Gatto — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Gordon — Yea
Atkins — Yea
Harper — Nay
Salas — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Jones-Sawyer — Yea
Low — Yea
Melendez — Nay
Mullin — Yea
Olsen — Nay
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Frazier — Nay
Hadley — Nay
Burke — Not Voting
Gray — Not Voting
Holden — Not Voting
Chang — Nay
Cooley — Nay
Kim — Nay
Linder — Not Voting
Mayes — Nay
Medina — Not Voting
Baker — Nay
Bigelow — Nay
Cooper — Nay
Dababneh — Nay
Dodd — Nay
Obernolte — Nay
Quirk — Not Voting
Steinorth — Nay
Waldron — Nay
Wilk — Nay
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
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 AB67 Gonzalez By Allen

Passed 22 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201303
Democratic 2100
Total 221403
% of votes cast 56%36%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hancock — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Pan — Not Voting
Roth — Not Voting
Wieckowski — Yea
Fuller — Nay
Galgiani — Not Voting
Hernandez — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Pavley — Yea
Wolk — Yea
Cannella — Nay
Glazer — Nay
Hall — Yea
Bates — Nay
Beall — Yea
Block — Yea
Hertzberg — Yea
Huff — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
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 67 GONZALEZ Assembly Third Reading

Passed 43 Yea · 32 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 402604
Democratic 3100
Republican 0500
Total 433204
% of votes cast 54%41%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Levine — Yea
Mathis — Nay
Medina — Yea
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Nay
Wood — Yea
Chang — Nay
Eggman — Yea
Chu — Yea
Cooper — Not Voting
Daly — Not Voting
Frazier — Nay
Campos — Yea
Gatto — Yea
Gomez — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Jones-Sawyer — Yea
Low — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Atkins — Yea
Gordon — Yea
Harper — Nay
Burke — Yea
Kim — Nay
Salas — Not Voting
Chau — Yea
Linder — Not Voting
Baker — Nay
Bigelow — Nay
Chiu — Yea
Chávez — Nay
Cooley — Nay
Dababneh — Nay
Dodd — Nay
Maienschein — Nay
Mayes — Nay
Melendez — Nay
Olsen — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Hadley — Nay
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 Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

AB 67 GONZALEZ Assembly Third Reading

Failed 29 Yea · 34 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 2729014
Democratic 2101
Republican 0402
Total 2934017
% of votes cast 36%43%0%21%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Not Voting
Brough — Nay
Brown — Not Voting
Harper — Nay
Levine — Nay
Low — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Wood — Yea
Eggman — Not Voting
Chiu — Yea
Cooper — Not Voting
Campos — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Bonilla — Yea
Lopez — Yea
Atkins — Yea
Holden — Yea
Chu — Yea
Chávez — Nay
McCarty — Yea
Nazarian — Yea
Olsen — Nay
Rendon — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Burke — Nay
Frazier — Nay
Gray — Nay
Hadley — Nay
Chang — Nay
Salas — Not Voting
Jones-Sawyer — Not Voting
Kim — Nay
Linder — Not Voting
Chau — Not Voting
Cooley — Nay
Maienschein — Nay
Mayes — Nay
Medina — Not Voting
Baker — Nay
Bigelow — Nay
Dababneh — Nay
Daly — Not Voting
Dodd — Nay
Melendez — Nay
Obernolte — Nay
Perea — Nay
Quirk — Not Voting
Rodriguez — Not Voting
Waldron — Nay
Wilk — Nay
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 10 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8302
Democratic 2000
Republican 0200
Total 10502
% of votes cast 59%29%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Holden — Yea
Quirk — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Chang — Nay
Gomez — Yea
Gordon — Yea
Daly — Not Voting
Rendon — Yea
Weber — Yea
Eduardo Garcia — Not Voting
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 67 do?
Existing law provides that 8 hours of labor constitutes a day's work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 112 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. A violation of these overtime wage provisions constitutes a crime. This bill would enact the Double Pay on the Holiday Act of 2016, which would require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments, as defined, except employees in specified categories, for work on a family holiday, as defined. The bill would exempt retail food facilities, as defined, from the act unless the retail food facility is a grocery store establishment, or is located within a retail establishment, or is located within a grocery store establishment and primarily sells food for onsite consumption. Because this bill would expand the definition of a crime, it would impose a state-mandated local program. 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 67?
AB 67 is sponsored by Chu, McCarty, Gonzalez, Jeff (Republican), Calderon, Lisa (Democratic), and Travis Allen.
What is the current status of AB 67?
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 67?
Track AB 67 free on One Click Politics — get push/email alerts when it moves.

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