Robert M. Hertzberg
- Democratic
Author
Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow prescribed procedures before bringing an action and establishes alternate procedures for specific categories of violations. The act requires, except as provided, that 75% of the civil penalties recovered by aggrieved employees be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and for education of employers and employees about their rights and responsibilities, and 25% be distributed to the aggrieved employees. Existing law requires a person or entity that employs one or more janitors or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services, as specified, to register with the Labor Commissioner as a property service employer annually and prohibits them from conducting business without a registration. This bill would except from the Labor Code Private Attorneys General Act of 2004 a janitorial employee, as defined, represented by a labor organization that has represented janitors before January 1, 2021, and employed by a janitorial contractor who registered with the commissioner as a property service employer in calendar year 2020, with respect to work performed under a valid collective bargaining agreement in effect any time before July 1, 2028, that contains certain provisions, including, among others, a grievance and binding arbitration procedure to redress violations that authorizes the arbitrator to award otherwise available remedies. The bill would require a janitorial contractor who has entered into an agreement as prescribed to share, within 60 days of entering the agreement, specified information about the agreement with the Labor and Workforce Development Agency. The bill would specify that its provisions do not apply to existing cases filed before the effective date of the bill and does not prevent a janitorial employee from filing certain actions. The bill would authorize the exception until the collective bargaining agreement expires or until July 1, 2028, whichever is earlier, and would repeal the bill's provisions on July 1, 2028.
Chaptered by Secretary of State. Chapter 337, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 27. Noes 9. Page 2545.) Ordered to engrossing and enrolling.
From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 1. Page 2538.)
From committee: Be re-referred to Com. on L., P.E. & R. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2418.) Re-referred to Com. on L., P.E. & R.
Set for hearing September 8.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 65. Noes 2. Page 2751.) 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 13. Noes 0.) (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 9. Noes 1.) (July 13).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (July 6). Re-referred to Com. on JUD.
Re-referred to Coms. on L. & E. and JUD. pursuant to Assembly Rule 96.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.
June 16 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1092.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0. Page 916.) (April 26). Re-referred to Com. on APPR.
Set for hearing April 26.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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 |
|---|---|
| SB646 | HTML |
| 02/19/21 - Introduced | |
| 03/10/21 - Amended Senate | |
| 06/21/21 - Amended Assembly | |
| 07/07/21 - Amended Assembly | |
| 07/14/21 - Amended Assembly | |
| 08/30/21 - Amended Assembly | |
| 09/13/21 - Enrolled | |
| 09/27/21 - Chaptered |
| Document | Format |
|---|---|
| 04/24/21- Senate Energy, Utilities and Communications | |
| 05/12/21- Sen. Floor Analyses | |
| 07/01/21- Assembly Labor and Employment | |
| 07/12/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/21- Senate Committee on Labor, Public Employment and Retirement | |
| 09/08/21- Sen. Floor Analyses |
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