California 2015-2016 Regular Session Status: In Committee Bipartisan · 2 D · 1 R cosponsors

AB 357 — Employment: work hours: Fair Scheduling Act of 2015.

Last action — Died on inactive file.

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

Summary

Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, including wage claims. Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals, and is prohibited from applying sanctions upon a recipient of CalWORKs for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including, but not limited to, that the employment, offer of employment, or work activity does not provide workers' compensation insurance. Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, and requires counties to implement the program. This bill would make legislative findings and declarations relating to work hour scheduling for employees of food and general retail establishments. The bill would require a food and general retail establishment, as defined, to provide its employees with at least 2 weeks' notice of their schedules. The bill would require a food and general retail establishment to pay those employees additional pay, as specified, for each previously scheduled shift that the food and general retail establishment moves to another date or time or cancels and each previously unscheduled shift that the food and general retail establishment requires an employee to work, and would also require a food and general retail establishment to pay those employees a specified amount for each on-call shift for which the employee is required to be available but is not called in to work. The bill would specify that these provisions do not apply in certain circumstances, including, but not limited to, when operations cannot begin or continue due to causes not within the food and general retail establishment's control. The bill would also require a food and general retail establishment to allow an employee to, upon request, be absent from work without pay for up to 8 hours twice a year to attend any required appointments at the county human services agency, provided that the employee gives reasonable advance notice to the employer of his or her intention to take time off, unless advance notice is not feasible. The bill would prohibit an employer from taking any action against an employee when an unscheduled absence occurs due to a required appointment at the county human services agency if that employee provides specified documentation from the county human services agency. The bill would require the Labor Commissioner to promulgate all regulations and rules of practice and procedure necessary to carry out these provisions. The bill would also prohibit sanctions from being applied upon a recipient of CalWORKs for failure or refusal to comply with CalWORKs program requirements if the employment or offer of employment fails to comply with these provisions. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Assembly Member Chiu.

  3. Read second time. Ordered to third reading.

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

  5. From committee: Amend, and do pass as amended. (Ayes 11. Noes 6.) (May 28).

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

  7. Re-referred to Com. on APPR.

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

  9. Re-referred to Com. on APPR.

  10. Read second time and amended.

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (April 22).

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

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

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

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

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

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

  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. Referred to Com. on L. & E.

  21. From printer. May be heard in committee March 20.

  22. Read first time. To print.

Sponsors

  • Mitchell · Cosponsor
  • Chiu · Primary
  • Chu · Cosponsor
  • Hancock · Cosponsor
  • Leyva · Cosponsor
  • Pavley · Cosponsor
  • Rendon · Cosponsor
  • Thurmond · Cosponsor
  • Ting · Cosponsor
  • Weber · Cosponsor
  • Corey A. Jackson · Cosponsor
  • Jeff Gonzalez · Cosponsor
  • Mia Bonta · Cosponsor
  • Roger Hernández · Cosponsor

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on · 3 voted No

Sponsors (1)

  • Chiu

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"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

Do pass as amended.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 9400
Republican 0200
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Weber — Yea
Eggman — Yea
Gomez — Yea
Chang — Nay
Daly — Nay
Bigelow — Nay
Holden — Yea
Quirk — Yea
Rendon — Yea
Wagner — Nay
Wood — Yea
Gordon — 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

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 357 do?
Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, including wage claims. Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals, and is prohibited from applying sanctions upon a recipient of CalWORKs for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment for specified reasons, including, but not limited to, that the employment, offer of employment, or work activity does not provide workers' compensation insurance. Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, and requires counties to implement the program. This bill would make legislative findings and declarations relating to work hour scheduling for employees of food and general retail establishments. The bill would require a food and general retail establishment, as defined, to provide its employees with at least 2 weeks' notice of their schedules. The bill would require a food and general retail establishment to pay those employees additional pay, as specified, for each previously scheduled shift that the food and general retail establishment moves to another date or time or cancels and each previously unscheduled shift that the food and general retail establishment requires an employee to work, and would also require a food and general retail establishment to pay those employees a specified amount for each on-call shift for which the employee is required to be available but is not called in to work. The bill would specify that these provisions do not apply in certain circumstances, including, but not limited to, when operations cannot begin or continue due to causes not within the food and general retail establishment's control. The bill would also require a food and general retail establishment to allow an employee to, upon request, be absent from work without pay for up to 8 hours twice a year to attend any required appointments at the county human services agency, provided that the employee gives reasonable advance notice to the employer of his or her intention to take time off, unless advance notice is not feasible. The bill would prohibit an employer from taking any action against an employee when an unscheduled absence occurs due to a required appointment at the county human services agency if that employee provides specified documentation from the county human services agency. The bill would require the Labor Commissioner to promulgate all regulations and rules of practice and procedure necessary to carry out these provisions. The bill would also prohibit sanctions from being applied upon a recipient of CalWORKs for failure or refusal to comply with CalWORKs program requirements if the employment or offer of employment fails to comply with these provisions. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
Who sponsors AB 357?
AB 357 is sponsored by Mitchell, Chiu, Chu, Hancock, Leyva, Pavley, Rendon, Thurmond, Ting, Weber, Jackson, Corey A. (Democratic), Gonzalez, Jeff (Republican), Bonta, Mia (Democratic), and Roger Hernández.
What is the current status of AB 357?
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 357?
Track AB 357 free on One Click Politics — get push/email alerts when it moves.

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