California 2015-2016 Regular Session Status: In Committee 1 R cosponsors

AB 1727 — Hosting platforms: independent contractors.

Last action — From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on JUD.

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. The bill would require that, at the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with the bill, by the hosting platform and a member of that group, incorporate any agreement reached in those negotiations. The bill would require the State Mediation and Conciliation Service to facilitate negotiations, provide mediation services, and investigate any complaint by a group claiming a violation of the negotiation requirement. The bill would require the service, if it finds that there is probable cause to believe a violation has occurred, to bring an action in a specified superior court for injunctive and other appropriate equitable relief to remedy the violation. The bill would prohibit a person from penalizing or retaliating against an independent contractor for taking specified actions within the scope of the bill. The bill would authorize an independent contractor or a representative of independent contractors claiming a violation under this bill to bring an action in superior court for prescribed remedies, and would provide for treble damages with regard to lost income for a willful violation. The exercise of any rights established by the bill would not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. The bill would make its provisions severable.

Bill Text

Action History

  1. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on JUD.

  2. (pending re-refer to Com. on JUD.)

  3. Joint Rule 62(a), file notice suspended. (Page 4389.)

  4. Assembly Rule 56 suspended. (Page 4389.)

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

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

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

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

  9. Referred to Coms. on L. & E. and JUD.

  10. From printer. May be heard in committee February 28.

  11. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does AB 1727 do?
Existing law relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. The bill would require that, at the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with the bill, by the hosting platform and a member of that group, incorporate any agreement reached in those negotiations. The bill would require the State Mediation and Conciliation Service to facilitate negotiations, provide mediation services, and investigate any complaint by a group claiming a violation of the negotiation requirement. The bill would require the service, if it finds that there is probable cause to believe a violation has occurred, to bring an action in a specified superior court for injunctive and other appropriate equitable relief to remedy the violation. The bill would prohibit a person from penalizing or retaliating against an independent contractor for taking specified actions within the scope of the bill. The bill would authorize an independent contractor or a representative of independent contractors claiming a violation under this bill to bring an action in superior court for prescribed remedies, and would provide for treble damages with regard to lost income for a willful violation. The exercise of any rights established by the bill would not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. The bill would make its provisions severable.
Who sponsors AB 1727?
AB 1727 is sponsored by Gonzalez, Jeff (Republican) and Travis Allen.
What is the current status of AB 1727?
This bill died with 2015-2016 Regular Session. It reached “In Committee” 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 1727?
Track AB 1727 free on One Click Politics — get push/email alerts when it moves.

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