María Elena Durazo
- Democratic
- Senator
- District 26
Author
(1) Existing law establishes a minimum wage for all industries and makes it a crime to pay an employee less than the minimum wage fixed by the Industrial Welfare Commission. Existing law, however, permits the commission to issue an employee who is mentally or physically disabled, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the minimum wage. Existing law requires the commission to fix a special minimum wage for the licensee, which may be renewed on a yearly basis. This bill would prohibit new special licenses from being issued after January 1, 2022. The bill would permit a license to only be renewed for existing licenseholders who meet requisite benchmarks. The bill would make the above-described provision authorizing a lesser minimum wage for an employee who is mentally or physically disabled inoperative on January 1, 2025, or when the multiyear phaseout plan as described below is released, whichever is later. The bill, commencing on the later of January 1, 2025, or when the plan is released, would prohibit an employee with a disability from being paid less than the legal minimum wage or the applicable local minimum wage ordinance, whichever is higher. The bill would require the State Council on Developmental Disabilities, in consultation with stakeholders and relevant state agencies, to develop a multiyear phaseout plan with stakeholder involvement, by January 1, 2023, to pay any employee with a disability, as defined, by January 1, 2025, no less than the state minimum wage otherwise required. The bill would require the multiyear phaseout plan to contain specified components, including benchmarks and desired outcomes for each year of the plan and a list of resources to ensure employees with disabilities can receive services based on their needs. The bill would require the State Council on Developmental Disabilities, in developing the multiyear phaseout plan, to engage with and seek input from people with developmental disabilities who have experience working for subminimum wage and various stakeholder organizations. The bill would require the State Council on Developmental Disabilities to release and publicly post on its internet website a report by January 1, 2023. The bill would also require the State Council on Developmental Disabilities to submit a copy of the report on its multiyear phaseout plan to the appropriate policy committees of the Legislature for review on or before January 1, 2023. The bill would further require the State Council on Developmental Disabilities to publicly post on its internet website and submit to the Legislature an annual report beginning on January 1, 2024, as specified, detailing specified information about the multiyear phaseout plan. By expanding the scope of a crime, the bill would impose a state-mandated local program. (2) Under existing law, the Industrial Welfare Commission is authorized to issue a special license to a nonprofit organization such as a sheltered workshop or rehabilitation facility to permit the employment of disabled employees who the commission has determined meet the requirements for paying less than the state minimum wage without requiring individual licenses of those employees. Existing law requires the commission to fix a special minimum wage for those employees, subject to renewal, as specified. This bill would repeal that provision on January 1, 2025. This bill would also include related legislative findings about the need to afford equal pay and equal treatment in the workplace to all Californians, including those with disabilities. 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 339, Statutes of 2021.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 29. Noes 3. Page 2587.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 45. Noes 13. Page 2942.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 3.) (August 26).
August 19 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 30).
From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on HUM. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 3. Page 1326.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1199.) (May 20).
Set for hearing May 20.
May 3 hearing: Placed on APPR suspense file.
Set for hearing May 3.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 858.) (April 20).
Set for hearing April 20.
April 6 set for first hearing canceled at the request of author.
Set for hearing April 6.
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 4. Noes 0. Page 574.) (March 22). Re-referred to Com. on HUMAN S.
Set for hearing March 22.
Referred to Coms. on L., P.E. & R. and HUMAN S.
From printer. May be acted upon on or after March 24.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB639 | HTML |
| 02/19/21 - Introduced | |
| 04/22/21 - Amended Senate | |
| 05/20/21 - Amended Senate | |
| 07/05/21 - Amended Assembly | |
| 08/30/21 - Amended Assembly | |
| 09/13/21 - Enrolled | |
| 09/27/21 - Chaptered |
| Document | Format |
|---|---|
| 03/19/21- Senate Committee on Labor, Public Employment and Retirement | |
| 04/16/21- Senate Human Services | |
| 04/30/21- Senate Appropriations | |
| 05/20/21- Senate Appropriations | |
| 05/25/21- Sen. Floor Analyses | |
| 06/29/21- Assembly Human Services | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/02/21- Assembly Labor and Employment | |
| 09/08/21- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.