AB 257

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jan 31, 2022
  • Senate
  • Governor

Food facilities and employment.

Abstract

Existing law prescribes various protections for employees and generally charges the Labor Commissioner with the enforcement of labor laws. Existing law establishes the powers and responsibilities of the Division of Occupational Safety and Health and the Division of Labor Standards and Enforcement, which are within the Department of Industrial Relations. This bill would enact the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act. The bill would establish the Fast Food Sector Council (council) within the Department of Industrial Relations, to be composed of 13 members to be appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee, and would prescribe its powers. The purpose of the council would be to establish sectorwide minimum standards on wages, working hours, and other working conditions related to the health, safety, and welfare of, and supplying the necessary cost of proper living to, fast food restaurant workers, as well as effecting interagency coordination and prompt agency responses in this regard. The bill would define the characteristics of a fast food restaurant, including that the establishment be part of a set of fast food restaurants consisting of 30 or more establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services. This bill would require the council to promulgate minimum fast food restaurant employment standards, including standards on wages, working conditions, and training, and to issue, amend, and repeal any other rules and regulations, as necessary to carry out its duties, subject to affirmative vote by the Secretary of Labor and Workforce Development. Under the bill, if a conflict exists between council's standards, rules, or regulations and those issued by another state agency, the standards, rules, or regulations issued by the council would apply to fast food restaurant workers and fast food restaurant franchisees and franchisors, and the conflicting rules or regulations of the other state agency would not have force or effect with respect to these parties. The bill would except from this application proposed standards within the jurisdiction of the Occupational Safety and Health Standards Board and would prescribe an alternate process in this regard. This bill would require the council to submit a report to the Legislature, as specified, for a standard, or repeal or amendment of a standard, to become effective, and would specify that a standard, repeal, or amendment shall not take effect before October 15 of the same year. The bill would also require the council to provide information as requested by the appropriate committees of the Legislature on labor to facilitate a review of the council's performance and standards, as specified. This bill would require the council to conduct a full review of the adequacy of minimum fast food restaurant health, safety, and employment standards at least once every 3 years. The bill would require the council, following that review, to issue, amend, or repeal, or make recommendations to issue, amend, or repeal, any fast food employment, health or safety standard as appropriate. The bill would require the council to hold hearings no less than every 6 months that would be open to the public, as specified, and would authorize the council to coordinate with and authorize local agencies to hold such meetings. The bill would authorize a county, or a city with a population greater than 200,000, to establish a Local Fast Food Sector Council, and would prescribe its powers and requirements for its composition. The bill would authorize a Local Fast Food Sector Council to provide recommendations to the council and would prescribe requirements for the state council in connections with these recommendations. This bill would require standards for minimum wages, maximum hours of work, and other working conditions fixed by the council to be the minimum standards for fast food restaurant employees, absent a valid collective bargaining agreement, and would require that they be enforced by the Division of Labor Standards Enforcement. The bill would require the Labor Commissioner and the commissioner's deputies to take assignments of violations of standards issued by the council upon the filing of a claim in writing by an employee or an employee's authorized representative. In addition to the above, the FAST Recovery Act would require that fast food restaurant franchisor be responsible for ensuring that its franchisee comply with a variety of employment, worker, and public health and safety laws and orders, including those related to unfair business practices, employment discrimination, the California Retail Food Code, a range of labor regulations, emergency orders, and standards established by the council. The bill would require that a fast food restaurant franchisor be jointly and severally liable for violations of its franchisee, as specified, and would provide that specified laws may be enforced against a fast food restaurant franchisor to the same extent that they may be enforced against a franchisee. By expanding the application of crimes associated with employment, worker, and public health and safety laws, this bill would impose a state-mandated local program. Among other things, the bill would authorize a fast food restaurant franchisee to file an action against its franchisor for monetary or injunctive relief in connection with the terms of a franchise and the franchisee's compliance with specified laws and orders. The bill would create presumptions in this regard and would provide for joint and several liability of the franchisor if the terms of a franchise are found to be a substantial factor in causing the franchisee to be liable. The bill would prohibit a fast food restaurant operator from discharging or in any manner discriminating or retaliating against any fast food restaurant employee for specified reasons and would create a cause of action and right to reinstatement for employees in this connection, as well as a presumption of unlawful discrimination and retaliation in certain circumstances. 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 Sponsors (11)

Votes


Actions


Aug 11, 2022

Senate

Read second time. Ordered to third reading.

Senate

From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

Aug 02, 2022

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jun 29, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 28). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 16, 2022

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 15, 2022

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 3. Noes 2.) (June 13).

Jun 03, 2022

Senate

In committee: Hearing postponed by committee.

May 27, 2022

Senate

In committee: Hearing postponed by committee.

May 04, 2022

Senate

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

  • Referral-Committee
Coms. on L., P.E. & R. and JUD.

Feb 01, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jan 31, 2022

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 21. Page 3423.)

Jan 27, 2022

Assembly

Read third time and amended. Ordered to third reading. (Ayes 44. Noes 16. Page 3397.)

Jan 20, 2022

Assembly

From inactive file.

Assembly

Assembly Rule 63 suspended. (Ayes 42. Noes 14.)

Assembly

Assembly Rule 78 suspended. (Ayes 42. Noes 14.)

Assembly

Assembly Rule 47.1 suspended. (Ayes 42. Noes 14.)

Assembly

Read third time and amended. Ordered to third reading.

Assembly

Ordered to third reading.

Jun 28, 2021

Assembly

Ordered to inactive file at the request of Assembly Member Lorena Gonzalez.

Assembly

Reconsideration granted.

Jun 03, 2021

Assembly

Motion to reconsider made by Assembly Member Lorena Gonzalez.

Assembly

Read third time. Refused passage.

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

Assembly

Joint Rule 62(a), file notice suspended.

May 19, 2021

Assembly

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

  • Referral-Committee
APPR. suspense file. APPR

Apr 29, 2021

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 28, 2021

Assembly

Read second time and amended.

Apr 27, 2021

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 27).

Apr 26, 2021

Assembly

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 22). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Apr 19, 2021

Assembly

Assembly Rule 56 suspended. (Page 1059.)

Assembly

(pending re-refer to Com. on JUD.)

Mar 26, 2021

Assembly

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

  • Referral-Committee
Com. on L. & E.

Mar 25, 2021

Assembly

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

Assembly

Referred to Coms. on L. & E. and JUD.

  • Referral-Committee
Coms. on L. & E. and JUD.

Jan 16, 2021

Assembly

From printer. May be heard in committee February 15.

Jan 15, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB257 HTML
01/15/21 - Introduced PDF
03/25/21 - Amended Assembly PDF
04/28/21 - Amended Assembly PDF
01/20/22 - Amended Assembly PDF
01/27/22 - Amended Assembly PDF
06/16/22 - Amended Senate PDF

Related Documents

Document Format
04/21/21- Assembly Labor and Employment PDF
04/23/21- Assembly Judiciary PDF
05/17/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
01/21/22- ASSEMBLY FLOOR ANALYSIS PDF
01/28/22- ASSEMBLY FLOOR ANALYSIS PDF
06/10/22- Senate Committee on Labor, Public Employment and Retirement PDF
07/20/22- Senate Judiciary PDF
07/29/22- Senate Appropriations PDF
08/13/22- Sen. Floor Analyses PDF

Sources

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