California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

SB 41 — Meal and rest breaks: airline cabin crew employees.

Last action — Chaptered by Secretary of State. Chapter 2, Statutes of 2023.

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

This bill has been enacted into law. Introduced December 05, 2022. Enacted.

Signed by Governor Gavin Newsom (Democratic) on March 23, 2023.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 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

Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements. Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively. This bill would provide that the above-described meal and rest period requirements do not apply to an airline cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for airline cabin crew employees, as specified, or, if the employee is represented by a labor organization pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would prohibit a person, commencing December 5, 2022, from filing a new legal action brought by or on behalf of an employee covered by a valid collective bargaining agreement, as specified, asserting claims of alleged meal or rest break violations. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by an airline cabin crew employee based on a claim of a meal or rest break violation. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 2, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Urgency clause adopted. Passed. (Ayes 73. Noes 0. Page 690.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 6. Noes 0.) (March 14).

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

  9. In Assembly. Read first time. Held at Desk.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 37. Noes 0. Page 264.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. Ordered to second reading.

  13. Read third time and amended.

  14. Read second time. Ordered to third reading.

  15. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 190.) (February 14). Re-referred to Com. on APPR.

  17. Set for hearing February 14.

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 171.) (February 9). Re-referred to Com. on JUD.

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  20. Set for hearing February 9.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  22. Referred to Coms. on L., P.E. & R. and JUD.

  23. From printer. May be acted upon on or after January 5.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

SB 41 Cortese Third Reading Urgency By Kalra

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 42004
Republican 11002
Unaffiliated 20001
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Boerner Horvath — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Holden — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

3rd Reading (Urgency Clause)

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 20002
Republican 7000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Portantino — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 7001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

labor transportation
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 SB 41 do?
Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements. Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively. This bill would provide that the above-described meal and rest period requirements do not apply to an airline cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for airline cabin crew employees, as specified, or, if the employee is represented by a labor organization pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would prohibit a person, commencing December 5, 2022, from filing a new legal action brought by or on behalf of an employee covered by a valid collective bargaining agreement, as specified, asserting claims of alleged meal or rest break violations. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by an airline cabin crew employee based on a claim of a meal or rest break violation. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 41?
SB 41 is sponsored by Cortese, Dave (Democratic).
What is the current status of SB 41?
This bill has been enacted into law. Introduced December 05, 2022. Enacted.
Where can I track SB 41?
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