AB 701

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 28, 2021
  • Passed Senate Sep 08, 2021
  • Governor

Warehouse distribution centers.

Abstract

(1) Existing law relating to employment regulation and supervision imposes special provisions on certain occupations and industries. Existing law charges the Labor Commissioner and the Division of Labor Standards Enforcement with the enforcement of labor laws. This bill, among other things, would require specified employers to provide to each employee, defined as a nonexempt employee who works at a warehouse distribution center, upon hire, or within 30 days of the effective date of these provisions, with a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. The bill would provide that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, or occupational health and safety laws, as specified. The bill would prohibit an employer from taking adverse action against an employee for failure to meet a quota that has not been disclosed or for failure to meet a quota that does not allow a worker to comply with meal or rest periods or occupational health and safety laws. The bill would require that any action taken by an employee to comply with occupational health and safety laws or division standards be considered time on task and productive time for the purposes of any quotas or monitoring system. This bill would provide that if a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety law or standard, they have the right to request, and the employer is required to provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee's own personal work speed data. The bill would limit a former employee to one of these requests. The bill would also authorize a current or former employee to bring an action for injunctive relief to obtain compliance with specified requirements, and may, upon prevailing in the action, recover costs and reasonable attorney's fees in that action. This bill would require the Labor Commissioner to enforce these provisions by engaging in coordinated and strategic enforcement efforts with the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers' Compensation. The bill would authorize the commissioner to have access to data from the department including employer-reported injury data and enforcement actions in warehouses, the identity of uninsured employers, and employers who are committing workers' compensation fraud, wage theft, or other information relevant to the commissioner's authority, and would make other conforming changes. The bill would require the commissioner to report to the Legislature by January 1, 2023, the number of claims filed with the commissioner, data on warehouse production quotas in warehouses in which annual employee injury rates are above the industry average, and the number of investigations undertaken and enforcement actions initiated, per employer, as specified. This bill would require the Division of Occupational Safety and Health or the Division of Workers' Compensation to notify the commissioner, who is required to determine whether an investigation of violations pursuant to these provisions is appropriate, if a particular worksite or employer is found to have an annual employee injury rate of at least 1.5 times higher than the warehousing industry's average annual injury rate. The bill would authorize the commissioner to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this part. (2) 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 (6)

Votes


Actions


Sep 09, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 19.).

Sep 08, 2021

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11.).

Sep 07, 2021

Senate

Read second time. Ordered to third reading.

Sep 03, 2021

Senate

Read third time and amended. Ordered to second reading.

Aug 30, 2021

Senate

Read second time. Ordered to third reading.

Aug 26, 2021

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).

Senate

Read second time and amended. Ordered returned to second reading.

Aug 16, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jul 15, 2021

Senate

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

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

Jul 14, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 13).

Jul 07, 2021

Senate

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

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

Jul 06, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (July 5).

Jun 09, 2021

Senate

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

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

May 28, 2021

Senate

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

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 19.)

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

May 18, 2021

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

May 17, 2021

Assembly

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

Apr 26, 2021

Assembly

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

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

Apr 13, 2021

Assembly

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

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

Apr 12, 2021

Assembly

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

Feb 25, 2021

Assembly

Referred to Com. on L. & E.

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

Feb 17, 2021

Assembly

From printer. May be heard in committee March 19.

Feb 16, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB701 HTML
02/16/21 - Introduced PDF
04/12/21 - Amended Assembly PDF
05/17/21 - Amended Assembly PDF
07/07/21 - Amended Senate PDF
07/15/21 - Amended Senate PDF
08/26/21 - Amended Senate PDF
09/03/21 - Amended Senate PDF
09/13/21 - Enrolled PDF

Related Documents

Document Format
04/20/21- Assembly Labor and Employment PDF
05/17/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
07/01/21- Senate Committee on Labor, Public Employment and Retirement PDF
07/10/21- Senate Judiciary PDF
08/13/21- Senate Appropriations PDF
08/26/21- Senate Appropriations PDF
08/31/21- Sen. Floor Analyses PDF
09/07/21- Sen. Floor Analyses PDF
09/08/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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