SB 1121 - An Act to Amend Section 554 of the Labor Code, Relating to Employment.

Overtime wages: agricultural workers. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law sets wage and hour requirements for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined. Existing law exempts agricultural employees from these requirements.

This bill would remove the exemption for agricultural employees.  
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on June 3, 2010.

voted YES: 23 voted NO: 12
3 voted present/not voting

An Act to Amend Section 554 of the Labor Code, Relating to Employment.

SB 1121 — 2009-2010 Legislature

Summary
Existing law sets wage and hour requirements for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined. Existing law exempts agricultural employees from these requirements.

This bill would remove the exemption for agricultural employees.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 554 of the Labor Code, Relating to Employment.
Author(s)
Dean Florez
Co-Authors
    Subjects
    • Overtime wages: agricultural workers
    Major Actions
    Introduced2/18/2010
    Referred to Committee
    Passed Senate Committee on Labor and Industrial Relations5/03/2010
    Passed Senate6/03/2010
    Passed Assembly Committee on Labor and Employment6/23/2010
    Passed Assembly7/01/2010
    Presented to the governor (enrolled)7/20/2010
    Vetoed by Governor7/28/2010
    Vetoed by Governor7/28/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Labor and Industrial RelationsDo pass.5/03/2010This motion PASSED the Senate Committee on Labor and Industrial Relations
    4 voted YES 2 voted NO 0 voted present/not voting
    currently selectedSenateSenate 3rd Reading SB1121 Florez6/03/2010This bill PASSED the Senate
    23 voted YES 12 voted NO 3 voted present/not voting
    select this voteAssembly Committee on Labor and EmploymentDo pass.6/23/2010This motion PASSED the Assembly Committee on Labor and Employment
    4 voted YES 1 voted NO 2 voted present/not voting
    select this voteAssemblySB 1121 Florez Senate Third Reading By MONNING7/01/2010This bill PASSED the Assembly
    47 voted YES 28 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/18/2010
    2/18/2010Introduced. Read first time. To Com. on RLS. for assignment. To print.
    2/19/2010From print. May be acted upon on or after March 21.
    2/25/2010To Com. on L. & I.R.
    4/07/2010Set for hearing April 28.
    4/28/2010Set, first hearing. Testimony taken. Further hearing to be set.
    4/29/2010Set for hearing May 3. (For vote only.)
    select this voteVote5/03/2010Do pass.
    5/03/2010From committee: Do pass. (Ayes 4. Noes 2. Page 3429.)
    5/04/2010Read second time. To third reading.
    6/03/2010Read third time. Passed. (Ayes 23. Noes 12. Page 3778.) To Assembly.
    6/03/2010In Assembly. Read first time. Held at Desk.
    currently selectedSenate Vote on Passage6/03/2010Senate 3rd Reading SB1121 Florez
    6/10/2010To Com. on L. & E.
    select this voteVote6/23/2010Do pass.
    6/24/2010From committee: Do pass. (Ayes 4. Noes 1.) (Heard in committee on June 23.)
    6/28/2010Read second time. To third reading.
    7/01/2010Read third time. Passed. (Ayes 47. Noes 28. Page 5929.) To Senate.
    7/01/2010In Senate. To enrollment.
    select this voteAssembly Vote on Passage7/01/2010SB 1121 Florez Senate Third Reading By MONNING
    7/20/2010Enrolled. To Governor at 10:30 a.m.
    Vetoed7/28/2010Vetoed by Governor.
    7/28/2010In Senate. To unfinished business. (Veto)
    9/30/2010Stricken from Senate file. Veto sustained.

    Total contributions given to Senators from interest groups that…

    16 Organizations Supported and 25 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 554 of the Labor Code, Relating to Employment.: Senate 3rd Reading SB1121 Florez

    16 organizations supported this bill

    California Applicants' Attorneys Association
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Commission on the Status of Women
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Conference Board of the Amalgamated Transit Union
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Conference of Machinists
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Employment Lawyers Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Labor Federation
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Nurses Association
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Rural Legal Assistance Foundation
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Teamsters Public Affairs Council
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    Consumer Attorneys of California
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    Engineers and Scientists of California
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    IFPTE Local 21
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    International Longshore and Warehouse Union
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    UFCW Western States Council
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    UNITE HERE!
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Worksafe
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.

    25 organizations opposed this bill

    Agricultural Council of California
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Life News.
    Alliance Western Milk Producers
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    Allied Grape Growers
    http://ifpte20.org/ (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Association of Nurseries and Garden Centers
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Association of Wheat Growers
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Association of Winegrape Growers
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Bean Shippers Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Chamber of Commerce
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Citrus Mutual
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Cotton Ginners and Growers Associations
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Farm Bureau Federation
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Grain & Feed Association
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Grape & Tree Fruit League
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Pear Growers Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Seed Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California State Floral Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    California Warehouse Association
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    California Women for Agriculture
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Family Winemakers of California
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Grower-Shipper Association of Central California
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    Pacific Egg & Poultry Association
    Senate Rules Committee (2010, May 4). Senate Floor Analysis. Retrieved February 15, 2011, from Leg. Info.
    Western Agricultural Processors Association
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Western Growers
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Western United Dairymen
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.
    Wine Institute
    (2010, May 4). Senate Floor Analysis. Retrieved December 17, 2013, from Leginfo: Bill Analysis.

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    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    NamePartyDistrictsort icon$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Dave CoxRCA-1$5,050$6,500Not Voting
    Pat WigginsDCA-2$54,750$15,702Not Voting
    Mark LenoDCA-3$311,352$3,000Yes
    Sam AanestadRCA-4$2,000$7,500No
    Lois WolkDCA-5$287,011$8,000Yes
    Darrell SteinbergDCA-6$477,752$47,858Yes
    Mark DeSaulnierDCA-7$497,555$0Yes
    Leland YeeDCA-8$221,984$57,828Yes
    Loni HancockDCA-9$292,490$2,100Yes
    Ellen CorbettDCA-10$280,617$7,600Yes
    Joe SimitianDCA-11$126,300$2,000Yes
    Jeff DenhamRCA-12$19,050$131,680No
    Elaine AlquistDCA-13$75,376$2,000Yes
    Dave CogdillRCA-14$27,300$90,700No
    Dean FlorezDCA-16$6,500$1,000Yes
    George RunnerRCA-17$43,025$27,900No
    Roy AshburnRCA-18$0$0No
    Tony StricklandRCA-19$77,426$63,300No
    Alex PadillaDCA-20$248,949$67,968Yes
    Carol LiuDCA-21$162,150$1,500Yes
    Gilbert CedilloDCA-22$65,050$5,684Yes
    Fran PavleyDCA-23$162,829$3,000Yes
    Gloria RomeroDCA-24$107,683$1,750Yes
    Rod WrightDCA-25$121,200$30,350Yes
    Curren PriceDCA-26$134,909$16,100Yes
    Alan LowenthalDCA-27$160,350$0Yes
    Jenny OropezaDCA-28$108,059$4,000Not Voting
    Bob HuffRCA-29$17,695$14,155No
    Ron CalderonDCA-30$111,150$51,585Yes
    Bob DuttonRCA-31$18,995$16,150No
    Gloria Negrete McLeodDCA-32$135,100$52,917Yes
    Mimi WaltersRCA-33$49,375$13,500No
    Lou CorreaDCA-34$148,200$47,763Yes
    Tom HarmanRCA-35$45,048$12,000No
    Dennis HollingsworthRCA-36$2,000$8,000No
    Mark WylandRCA-38$15,950$12,040No
    Christine KehoeDCA-39$142,975$1,000Yes
    Denise DuchenyDCA-40$0$0Yes

    Add Data Filters:

    Legislator Filters
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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$2,000$7,500No
    Elaine AlquistDCA-13$75,376$2,000Yes
    Roy AshburnRCA-18$0$0No
    Ron CalderonDCA-30$111,150$51,585Yes
    Gilbert CedilloDCA-22$65,050$5,684Yes
    Dave CogdillRCA-14$27,300$90,700No
    Ellen CorbettDCA-10$280,617$7,600Yes
    Lou CorreaDCA-34$148,200$47,763Yes
    Dave CoxRCA-1$5,050$6,500Not Voting
    Mark DeSaulnierDCA-7$497,555$0Yes
    Jeff DenhamRCA-12$19,050$131,680No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$18,995$16,150No
    Dean FlorezDCA-16$6,500$1,000Yes
    Loni HancockDCA-9$292,490$2,100Yes
    Tom HarmanRCA-35$45,048$12,000No
    Dennis HollingsworthRCA-36$2,000$8,000No
    Bob HuffRCA-29$17,695$14,155No
    Christine KehoeDCA-39$142,975$1,000Yes
    Mark LenoDCA-3$311,352$3,000Yes
    Carol LiuDCA-21$162,150$1,500Yes
    Alan LowenthalDCA-27$160,350$0Yes
    Gloria Negrete McLeodDCA-32$135,100$52,917Yes
    Jenny OropezaDCA-28$108,059$4,000Not Voting
    Alex PadillaDCA-20$248,949$67,968Yes
    Fran PavleyDCA-23$162,829$3,000Yes
    Curren PriceDCA-26$134,909$16,100Yes
    Gloria RomeroDCA-24$107,683$1,750Yes
    George RunnerRCA-17$43,025$27,900No
    Joe SimitianDCA-11$126,300$2,000Yes
    Darrell SteinbergDCA-6$477,752$47,858Yes
    Tony StricklandRCA-19$77,426$63,300No
    Mimi WaltersRCA-33$49,375$13,500No
    Pat WigginsDCA-2$54,750$15,702Not Voting
    Lois WolkDCA-5$287,011$8,000Yes
    Rod WrightDCA-25$121,200$30,350Yes
    Mark WylandRCA-38$15,950$12,040No
    Leland YeeDCA-8$221,984$57,828Yes

    Interest Groups that supported this bill

    $ Donated
    Construction unions$2,112,716
    Attorneys & law firms$1,584,179
    Health worker unions$360,631
    Other unions$248,850
    Transportation unions$116,500
    Teamsters unions$112,730
    Labor unions$112,100
    Merchant marine & longshoremen unions$47,650
    Health & welfare policy$42,449
    Women's issues$25,400
    Food service & related unions$0
    General commercial unions$0
    Civil service & government unions$0

    Interest Groups that opposed this bill

    $ Donated
    Wine & distilled spirits manufacturing$220,430
    Dairy farmers & wholesale and retail milk, cheese and ice cream dealers$133,385
    Vegetables, fruits & tree nuts$114,650
    Chambers of commerce$98,555
    Poultry & eggs$77,545
    Other commodities (including rice, peanuts, honey)$66,663
    Farm organizations & cooperatives$47,900
    Farm Bureau/affiliated organizations & PACs$29,113
    Florists & nursery services$22,390
    Cotton growers, cotton ginners$10,500
    Warehousing$6,500
    Animal feed & health products$6,500
    Farmers, crop unspecified$0
    Wheat, corn, soybeans & cash grain$0
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