California 2015-2016 Regular Session Status: Passed Assembly Bipartisan · 4 D · 1 R cosponsors

AB 2757 — Agricultural workers: wages, hours, and working conditions.

Last action — Read third time. Refused passage. (Ayes 38. Noes 35. Page 5218.).

  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee's regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions. The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. 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. Read third time. Refused passage. (Ayes 38. Noes 35. Page 5218.).

  2. Read third time and amended. Ordered to third reading. (Ayes 45. Noes 28. Page 5207.)

  3. Assembly Rule 69 suspended. (Ayes 51. Noes 26. Page 5207.)

  4. Assembly Rule 63 suspended. (Page 5166.)

  5. Read second time. Ordered to third reading.

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

  7. From committee: Amend, and do pass as amended. (Ayes 14. Noes 6.) (May 27).

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

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 6). Re-referred to Com. on APPR.

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

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

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

  13. Read first time.

  14. From printer. May be heard in committee March 22.

  15. Introduced. To print.

Sponsors

  • Beall · Cosponsor
  • Block · Cosponsor
  • Burke · Cosponsor
  • Campos · Cosponsor
  • Lopez · Cosponsor
  • Mitchell · Cosponsor
  • Chiu · Cosponsor
  • Chu · Cosponsor
  • Mike A. Gipson · Cosponsor
  • Hancock · Cosponsor
  • Hall · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Lara · Cosponsor
  • Leno · Cosponsor
  • Liu · Cosponsor
  • McCarty · Cosponsor
  • Medina · Cosponsor
  • Santiago · Cosponsor
  • Thurmond · Cosponsor
  • Ting · Cosponsor
  • Jeff Gonzalez · Primary
  • Lisa Calderon · Cosponsor
  • Robert Garcia · Cosponsor
  • Mia Bonta · Cosponsor
  • Travis Allen · Cosponsor
  • Mark Stone · Cosponsor
  • Roger Hernández · Cosponsor

Sponsorship breakdown

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1 sponsors · 26 co-sponsors · 95 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (26)

Not signed on (95)

95 members have not signed on to this bill.

Show all 95 →

"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 2757 GONZALEZ Assembly Third Reading

Failed 38 Yea · 35 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 343006
Democratic 4001
Republican 0500
Total 383507
% of votes cast 48%44%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Not Voting
Brough — Nay
Brown — Yea
Low — Nay
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Olsen — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Weber — Yea
Eggman — Not Voting
Frazier — Nay
Gray — Nay
Hadley — Nay
Harper — Nay
Chang — Nay
Chávez — Nay
Cooley — Nay
Cooper — Nay
Kim — Nay
Baker — Nay
Bigelow — Not Voting
Daly — Not Voting
Dodd — Nay
Levine — Nay
Linder — Nay
Mayes — Nay
Melendez — Nay
Nazarian — Not Voting
Quirk — Nay
Wagner — Nay
Wilk — Nay
Wood — Not Voting
Gomez — Yea
Burke — Yea
Gordon — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Holden — Yea
Jones-Sawyer — Yea
Lopez — Yea
Atkins — Yea
Alejo — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Dababneh — Yea
McCarty — Yea
Medina — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Williams — Yea
Gatto — 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
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
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 2757 GONZALEZ Assembly Third Reading Amend By GONZALEZ Set #1

Passed 45 Yea · 28 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 412306
Democratic 4001
Republican 0500
Total 452807
% of votes cast 56%35%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Not Voting
Brough — Nay
Brown — Yea
Holden — Yea
Kim — Nay
Linder — Nay
Low — Not Voting
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Waldron — Nay
Wood — Yea
Eggman — Not Voting
Cooley — Yea
Cooper — Yea
Gatto — Yea
Burke — Yea
Frazier — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Jones-Sawyer — Yea
McCarty — Yea
Medina — Yea
Atkins — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Williams — Yea
Chang — Nay
Harper — Nay
Levine — Nay
Bigelow — Not Voting
Chávez — Nay
Daly — Not Voting
Mayes — Nay
Melendez — Nay
Nazarian — Not Voting
Steinorth — Nay
Wagner — Nay
Wilk — Nay
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
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
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 as amended.

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
Quirk — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Chang — Nay
Bonilla — Yea
Holden — Yea
Daly — Yea
Obernolte — Nay
Santiago — Yea
Wagner — Nay
Eduardo Garcia — Yea
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 agriculture
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Frequently asked questions

What does AB 2757 do?
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee's regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions. The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. 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 2757?
AB 2757 is sponsored by Beall, Block, Burke, Campos, Lopez, Mitchell, Chiu, Chu, Gipson, Mike A. (Democratic), Hancock, Hall, Jones-Sawyer, Lara, Leno, Liu, McCarty, Medina, Santiago, Thurmond, Ting, Gonzalez, Jeff (Republican), Calderon, Lisa (Democratic), Garcia, Robert (Democratic), Bonta, Mia (Democratic), Travis Allen, Mark Stone, and Roger Hernández.
What is the current status of AB 2757?
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 2757?
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