Chris Holden
- Democratic
- Assemblymember
- District 41
Author
Existing law, which is suspended pursuant to a referendum petition, establishes, until January 1, 2029, the Fast Food Council (council) within the Department of Industrial Relations and prescribes its powers. Existing law, among other things, prescribes the purposes, duties, and limitations of the council, including a requirement that the council promulgate minimum fast food restaurant employment standards. Existing law sets standards for any minimum wage the council establishes. This bill would repeal those existing provisions on January 1, 2024, if a specified referendum is withdrawn by its proponents by that date. If the referendum is withdrawn, in addition to that repeal, this bill would, until January 1, 2029, or as otherwise provided, establish the Fast Food Council and prescribe the council's purposes, duties, and limitations, as described, establish an hourly minimum wage for fast food restaurant employees, as described, authorize the council to increase the hourly minimum wage pursuant to specified parameters, and set forth requirements, limitations, and procedures for adopting and reviewing fast food restaurant health, safety, and employment standards. The bill would require all standards, rules, and regulations developed by the council to be issued, amended, or repealed, as applicable, in the manner prescribed in the Administrative Procedure Act, but as modified, and would require the council to petition the Occupational Safety and Health Standards Board and the Civil Rights Council if any minimum standards fall within their jurisdiction. Existing law prohibits, among other things, an employer or any person acting on behalf of the employer from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, among other individuals and entities, if the employee has reasonable cause to believe that the information discloses specified violations of law, regardless of whether disclosing the information is part of the employee's job duties. Existing law imposes, in addition to other penalties, a civil penalty on certain employers for each violation of this provision, except as specified. This bill would also deem the council a governmental agency for purposes of the above-described prohibition. The bill would additionally prohibit a fast food restaurant operator from discharging or in any manner discriminating or retaliating against any employee due to the employee's participation in or testimony to any proceeding convened by the council. This bill would prohibit any city, county, or city and county from enacting or enforcing any ordinance or regulation applicable to fast food restaurant employees that sets the amount of wages or salaries for fast food restaurant employees, except as provided. By imposing additional requirements on local agencies, the bill would impose a state-mandated local program. Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner. Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. This bill would require the Labor Commissioner to enforce compliance with the minimum fast food restaurant employment standards and any other standards promulgated pursuant to the bill's provisions and would set forth procedures for enforcing the standards. By expanding the application of crimes associated with those enforcement procedures, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for fast food restaurant workers. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Chaptered by Secretary of State - Chapter 262, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Joint Rule 62(a), file notice suspended. (Page 3587.)
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 8. Page 2789.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 17. Page 3607.).
From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (September 14).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (September 12).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (September 12). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Withdrawn from committee.
Joint Rules 61 and 62(a) suspended. (Ayes 31. Noes 8. Page 2545.)
Senate Rules Suspended. (Ayes 31. Noes 8.)
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 28). Re-referred to Com. on JUD.
Referred to Coms. on L., P.E. & R. and JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 22. Page 2067.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 4.) (May 18).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 25). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on JUD.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1228 | HTML |
| 02/16/23 - Introduced | |
| 09/11/23 - Amended Senate | |
| 09/18/23 - Enrolled | |
| 09/28/23 - Chaptered |
| Document | Format |
|---|---|
| 04/10/23- Assembly Labor and Employment | |
| 04/21/23- Assembly Judiciary | |
| 05/08/23- Assembly Appropriations | |
| 05/19/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/27/23- Senate Committee on Labor, Public Employment and Retirement | |
| 07/10/23- Senate Judiciary | |
| 09/11/23- Senate Committee on Labor, Public Employment and Retirement | |
| 09/12/23- Senate Appropriations | |
| 09/13/23- Sen. Floor Analyses | |
| 09/14/23- ASSEMBLY FLOOR ANALYSIS |
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