California "Fair Wage Act of 2016" $15 Minimum Wage Initiative (2016)

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See also: California "Raise California's Wage and Paid Sick Days Act" $15 Minimum Wage Initiative (2016)
California $15 Minimum Wage Initiative
Flag of California.png
Election date
November 8, 2016
Topic
Minimum wage
Status
Not on the ballot
Type
State statute
Origin
Citizens


A $15 minimum wage initiative called "Fair Wage Act of 2016" (#15-0032) was not put on the November 8, 2016, ballot in California as an initiated state statute. The measure was certified for ballot, but proponents withdrew it on June 23, 2016, due to the passage of a $15 per hour minimum wage law by the California State Legislature.[1]

The measure was designed to increase the state's minimum wage to $15 per hour by 2021.

Initiative measure 15-0032 was supported by the Service Employees International Union-United Healthcare Workers West (SEIU-UHW).[2][3]

The Service Employees International Union's California Council backed a competing $15 per hour minimum wage initiative called the "Raise California's Wage and Paid Sick Days Act." Petitioners behind the competing measure continued to gather signatures after the "Fair Wage Act of 2016" was certified for the 2016 ballot. The Service Employees International Union's California Council stopped signature collection on April 1, 2016, and the competing measure did not appear on the November ballot.[4][5]

On March 26, 2016, California legislators proposed legislation which was designed to raise the statewide minimum wage gradually until it reached $15 in 2022. Lawmakers achieved an agreement with the union behind the "Fair Wage Act of 2016" regarding this alternative legislation.[6]

On March 31, 2016, the California Legislature passed the alternative legislation, Senate Bill 3, and sent it to the desk of Gov. Jerry Brown (D). Gov. Brown signed the alternative legislation bill into law on April 4, 2016. California Council of SEIU withdrew its competing measure, Raise California's Wage and Paid Sick Days Act of 2016 (#15-0105A1) on April 1, 2016.[5][7][8]

Competing measures

See also: Laws governing competing initiatives in California
SEIU-UHW-Logo.jpg

The Service Employees International Union-United Healthcare Workers West (SEIU-UHW) and California's state council of the Service Employees International Union (SEIU) were divided by their efforts to sponsor competing $15 per hour minimum wage initiatives. SEIU-UHW, which represents about 80,000 healthcare workers in California, put its weight behind the "Fair Wage Act of 2016," which was designed to raise the state's minimum wage in increments until it reached $15 per hour in 2021. This initiative was certified for the ballot on March 22, 2016. According to Laphonza Butler, president of the state council of SEIU, petitioners continued signature collection efforts for the union's competing

SEIU-California.png

initiative, the "Raise California's Wage and Paid Sick Days Act," despite the certification of the initiative backed by the United Healthcare Workers union. SEIU California stopped its signature gathering campaign after the California State Legislature approved and the Governor signed a $15 per hour minimum wage bill called Senate Bill 3. The state council's proposal was designed to increase the minimum wage to $15 per hour by 2020 for businesses with more than 25 workers. Smaller businesses would have been given until 2021 to increase their minimum pay to $15 per hour. The initiative was also written to allow all workers to earn a minimum of six paid sick days each year, rather than the three required as of March 2016. SEIU California represents about 700,000 employees and was the largest union in the state in 2016.[9][10]

If both initiatives had reached the ballot and were approved, the one with the most "yes" votes would entirely supersede the other.

Background

Senate Bill 3

In mid-March 2016, California legislators moved toward an agreement with the unions behind the competing 2016 minimum wage initiatives. If approved by the legislature, the proposed alternative, Senate Bill 3, was designed to gradually increase the statewide minimum wage until it reached $15 in 2022, with the wage tied to inflation thereafter. Businesses with fewer than 25 employees were given until 2023 to raise minimum wages to $15 per hour by the bill. The bill was also designed to allow the governor to delay minimum wage hikes in the event of an economic decline. Senate Bill 3 was given final approval by the California State Legislature on March 31, 2016. The legislature voted along party lines, with every "yes" vote on SB 3 coming from a Democratic lawmaker and all but two "no" votes coming from Republicans. Gov. Jerry Brown (D) signed SB 3 into law on April 4, 2016.[6][11][12]

SEIU-United Healthcare Workers West, the sponsoring group behind the "Fair Wage Act of 2016" initiative, which qualified for the November ballot on March 22, 2016, was involved with negotiations surrounding the approved legislation. Petitioners announced that they would likely withdraw their $15 per hour minimum wage initiative upon the enactment of Senate Bill 3. SEIU-United Healthcare Workers West spokesman, Sean Wherley, told KCRA News 3, however, that the organization would continue to “push ahead” with the Fair Wage Act until the bill was actually signed into law: “Ours is on the ballot. We want to be certain of what all this is...We are going ahead with it. If some agreement is signed into law, then our executive board would decide what to do. They would only make that decision after any agreement is signed into law.”

SEIU-United Healthcare Workers West was supposed to meet in early May in order to decide whether the initiative would be withdrawn in light of the governor's signing of SB 3, and the SEIU-UHW executive board did issue a resolution encouraging proponents to withdraw the measure on May 5, 2016.[11][13][14] On June 23, 2016, the "Fair Wage Act of 2016" was withdrawn from the ballot, according to the California secretary of state.[1] The state council of SEIU withdrew its initiative on April 1, 2016.[5]

Senate Vote, SB 3
ResultVotesPercentage
Approveda Yes 23 57.5%
No1542.5%
Two state senators abstained from voting or were absent.

Assembly Vote, SB 3
ResultVotesPercentage
Approveda Yes 48 60.76%
No2639.24%
Four assembly members abstained from voting or were absent.

Text of measure

Ballot title

The ballot title was as follows:[2]

Minimum Wage. Increases and Future Adjustments. Initiative Statute.[15]

Ballot summary

The ballot summary was as follows:[2]

Under existing law, California’s minimum wage will increase from $9.00 per hour to $10.00 per hour on January 1, 2016. This measure increases the minimum wage to $11.00 per hour, effective January 1, 2017, and by $1.00 each of the next four years, to $15.00 per hour on January 1, 2021. Thereafter, adjusts the minimum wage annually based on the rate of inflation for the previous year, using the California Consumer Price Index for Urban Wage Earners and Clerical Workers.[15]

Fiscal impact statement

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance.

The fiscal impact statement was as follows:[16]

Change in annual state and local tax revenues potentially ranging from a loss of hundreds of millions of dollars to a gain of more than $1 billion. Changes in state revenues would affect required state budget reserves, debt payments, and funding for schools and community colleges. Increase in state and local government spending totaling billions of dollars per year.[15]

Full text

The full text of the measure read as follows:[17]

Show more
SEC. 1. Name.

This act shall be known as the Fair Wage Act of 2016.

SEC. 2. Findings and Purpose.

The People of California find and declare that:
(a) The purpose of The Fair Wage Act of 2016 ("the Act") is to ensure that workers receive wages that will financially support them and their families.
(b) To achieve this purpose, The Fair Wage Act of 2016 will increase the minimum wage by $1 per hour each January 1 until it reaches $15 per hour in 2021, and in each year thereafter the minimum wage will be adjusted to keep pace with the cost of living in California. (c) Many working Californians, including parents and seniors, have full-time jobs yet struggle to make ends meet. The minimum wage has not kept pace with the cost of living and is worth less today than it was 50 years ago. This loss of purchasing power means millions of Californians are unable to afford an adequate standard of living, which harms families and the State's economy and budget.
(d) Almost one-quarter of California residents live in poverty. More than half of California minimum wage earners are over 30 years old and thirty percent have children. Californians cannot support a family on the current minimum wage of $10 per hour, or $20,800 per year, for people working full time.
(e) Despite being employed full-time, Californians who are paid the current minimum wage often must rely on the State's social safety net to meet their basic needs.
(f) The purchasing power of the minimum wage will continue to erode if it is not adjusted yearly to reflect increases in the cost of living.
(g) Raising the minimum wage will increase the earnings of many Medi-Cal recipients, making them eligible for federal subsidies on California's health benefit exchange, saving the State millions of dollars a year in Medi-Cal costs. (h) Raising the minimum wage will boost economic activity and increase sales and income taxes.
(i) Californians working in a wide variety of jobs and industries are paid the minimum wage, and it is the goal of this Act to protect all such workers, regardless of whether they are employed by single, multiple, or joint employers. To this end, the People confirm Guerrero v. Superior Court (2013) 213 Cal. App. 4th 912, which recognized that the state minimum wage law protects low-wage workers with multiple or joint employers, including, for example, persons employed under the In-Home Supportive Services Act (Welf. & Inst. Code § 12300 et seq.).
(j) The Act also will ensure that the California Department of Industrial Relations publicizes changes to the minimum wage, as it has when the minimum wage has been increased in the past.
(k) The People intend that the Legislature or the Industrial Welfare Commission may narrow or eliminate current exemptions from state minimum wage requirements, but may not expand current exemptions or create new exemptions from state minimum wage requirements.

SEC 3. Section 1182.12 of the Labor Code is amended, to read:

§ 1182.12. Minimum wage
(a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour. January 1, 2017, the minimum wage for all industries shall be not less than eleven dollars ($11) per hour, and shall be raised by one dollar ($1) per hour each subsequent January 1 until it reaches fifteen dollars ($15) per hour in 2021, and thereafter shall be adjusted each January 1 to keep pace with the increasing cost of living, as described in subdivision (b). (b) (1) On and after January 1, 2022, the minimum wage for all industries shall be not less than an amount that is the result of an automatic adjustment on January 1 of each year, so the minimum wage keeps pace with the cost of living, as provided in paragraph (2).
(2) On or before October 15, 2021, and on or before each following October 15, the California Department of Industrial Relations shall calculate an adjusted minimum wage to maintain employee purchasing power by increasing the current year's minimum wage by the rate of inflation. The adjusted minimum wage shall be calculated to the nearest cent using the California Consumer Price Index for Urban Wage Earners and Clerical Workers, or a successor index, for the twelve months prior to each September 1 as calculated by the California Department of Industrial Relations. Each adjusted minimum wage increase calculated under this paragraph (2) takes effect on the following January 1.
(c) This section shall not be construed to preclude an increase of the minimum wage for any or all industries by the Industrial Welfare Commission to an amount greater than the rate required pursuant to subdivision (a) or (b). Nor shall this section be construed to permit a decrease in the minimum wage if, as calculated pursuant to subdivision (b), the rate of inflation is negative.
(d) No later than October 15 of each year, commencing October 15, 2017, the California Department of Industrial Relations shall publicize the minimum wage for all industries that will take effect the following January 1.

SEC. 4. Amendment.

Pursuant to subdivision (c) of Section 10 of Article II of the California Constitution, this Act may be amended either by a subsequent measure submitted to a vote of the people at a statewide election or by statute validly passed by the Legislature and signed by the Governor, but only to further the purposes of the Act and not to reduce the minimum wage required by this Act.

SEC 5. Severability.

It is the intent of the People that the provisions of this Act are severable and that if any provision of this Act, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Act that can be given effect without the invalid provision or application.[15]

Support

Arguments in favor

Lieutenant Governor Newsom said in announcing his support for the measure:[21]

Millions of hardworking Californians struggle every day to provide for themselves and their families because their wages have not kept up with the high cost of living in our state. California leads the country on so many issues like the environment, civil rights and public health, so it’s only appropriate that we also lead on addressing income inequality.[15]

Steve Trossman, SEIU-UHW spokesman and co-proponent of the initiative, stated:[23]

We have done extensive polling and there is very strong support among likely voters for a $15 minimum wage. The numbers are trending up. We believe that by November 2016, 15 months from now, the support for this is going to be even higher.[15]

Ed Lee, mayor of San Francisco, said:[24]

Who can live on $21,000 a year? Nobody can. People have the right to a decent wage, wherever they live in California.[15]

Sean Wherley, a SEIU-UHW spokesman, argued:[25]

This one is moving ahead, it’s farther along, it’s simpler, it benefits 3.3 million workers with no carveouts. This is the one that’s going ahead.[15]

Georgette Bradford, a member of SEIU-UHW, said:[22]

Low-wage workers are not teenagers working after school. Almost half of them are parents and one in ten are senior citizens. They are crossing guards, retail and warehouse workers, teaching assistants, cashiers, school janitors and security officers who get paid $10 to $11 dollars an hour. ... These extremely low wages keep people trapped in a cycle of poverty especially if they have families to raise. It is becoming harder and harder to survive in what is considered the richest state of our nation. Our initiative intends to change all of that.[15]

Opposition

Arguments against

Michael Saltsman, research director at the Employment Policies Institute, argued the following:[26]

Look no further than San Francisco’s restaurant industry, which has been hit hard by the $15 minimum wage that passed in November 2014 and is currently phasing in. Abbot’s Cellar, once one of the city’s top 100 restaurants, closed its doors earlier this year and cited the minimum-wage hike as a determining factor. For Source, a now-shuttered vegetarian restaurant, the increased labor costs were the “nail in its coffin." ... Labor markets in Imperial County, for example, already struggle to supply even more-experienced job-seekers with work. The unemployment rate for all employees hovers around 22 percent. Across all occupations, the median hourly wage is $13.79. Even supporters of a higher minimum wage are uncomfortable with a wage floor that’s much higher than half of the median wage, which means $15 would be economic suicide for Imperial County.[15]

Mike Der Manouel, Jr., president and CEO of the Der Manouel Insurance Group, said the following:[27]

A lot of big cities that have leaped ahead on this issue are feeling the pinch of job losses. I've never understood why people continue to push for a higher minimum wage when they know it does economic damage to the very people that they're intending to help.[15]

Campaign finance

Total campaign contributions:
Support: $10,977,152.73
Opposition: $17,000.00

As of May 10, 2016, the support campaign for this initiative, backed by Service Employees International Union-United Healthcare Workers West, had more than 600 times the amount that the opposition campaign had. Both had only in-state donors listed on the Secretary of State's website.[28]

Support

The following chart shows information about the four ballot measure committees filed to support this initiative. The total contributions were current as of May 10, 2016. The total amount for expenditures listed below was current as of May 10, 2016. The top donor listed for these ballot measure committees is Service Employees International Union-United Healthcare Workers West.[28]

Committee Amount raised Amount spent
LIFT UP CALIFORNIA WAGES, SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS WEST $5,052,129.81 $4,288,359.71
LIFT UP CALIFORNIA, SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION - UNITED HEALTHCARE WORKERS WEST, A COALITION OF NON-PROFIT AND LABOR ORGANIZATIONS $2,797,934.61 $701,671.08
FAIRNESS PROJECT, (NONPROFIT 501C.4), SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS WEST; THE $331,800.00 $331,800.00
SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS WEST (NONPROFIT 501 (C)(5)) $2,795,288.31 $2,795,288.31
Total $10,977,152.73 $8,117,119.10

Opposition

As of May 10, 2016, there was one ballot measure committee filed to oppose this initiative. The total contributions and the total expenditures listed are current as of May 10, 2016. The only monetary donor listed for this ballot measure committee is the California Restaurant Association Issues PAC.[29]

Committee Amount raised Amount spent
CALIFORNIA CONSUMERS AGAINST HIGHER PRICES, SPONSORED BY SMALL BUSINESSES $17,000 $12,000
Total $17,000 $12,000

Polls

See also: Polls, 2016 ballot measures
California "Fair Wage Act of 2016" (2016)
Poll Support OpposeOtherMargin of errorSample size
Field Poll
6/25/2015 - 7/16/2015
68%30%2%+/-2.61,555
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

Voting on
Minimum Wage
Wages and pay.jpg
Ballot Measures
By state
By year
Not on ballot
See also: Laws governing the initiative process in California and California signature requirements
  • Steve Trossman and Arianna Jimenez submitted a letter requesting a title and summary for measure 15-0032 on May 27, 2015.[30]
  • A title and summary were issued by California's attorney general on July 31, 2015.
  • 365,880 valid signatures were required for qualification purposes.
  • Supporters had until January 27, 2016, to collect the required signatures.
  • Petitioners collected 545,671 signatures and began submitting signature petition sheets on January 19, 2016.[31][32]
  • Measure 15-0032, also known as The Fair Wage Act of 2016, was certified for the ballot on March 22, 2016, after the required number of signatures was submitted to and verified by the California Secretary of State's office.[30]
  • The secretary of state used a random sampling method to verify the signatures, as allowed by state law. The sampling projected that 423,236 of the submitted signatures were valid. Since this was more than 110 percent of the required number of valid signatures, the initiative was certified for the ballot without checking each signature individually.[30]
  • On June 23, 2016, the initiative was withdrawn from the ballot.[1]


State profile

USA California location map.svg
Demographic data for California
 CaliforniaU.S.
Total population:38,993,940316,515,021
Land area (sq mi):155,7793,531,905
Race and ethnicity**
White:61.8%73.6%
Black/African American:5.9%12.6%
Asian:13.7%5.1%
Native American:0.7%0.8%
Pacific Islander:0.4%0.2%
Two or more:4.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.8%86.7%
College graduation rate:31.4%29.8%
Income
Median household income:$61,818$53,889
Persons below poverty level:18.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in California

California voted for the Democratic candidate in all six presidential elections between 2000 and 2020.


More California coverage on Ballotpedia

Related measures

On the ballot in 2016

Minimum wage measures on the ballot in 2016
StateMeasures
ArizonaArizona Minimum Wage and Paid Time Off, Proposition 206 Approveda
South DakotaSouth Dakota Decreased Youth Minimum Wage Veto Referendum, Referred Law 20 Defeatedd
WashingtonWashington Minimum Wage Increase, Initiative 1433 Approveda
ColoradoColorado $12 Minimum Wage, Amendment 70 Approveda

Recent news

The link below is to the most recent stories in a Google news search for the terms California Fair Wage Act Initiative 2016. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 California Secretary of State, "Initiatives and Referenda Failed to Qualify," accessed June 24, 2016
  2. 2.0 2.1 2.2 Attorney General's Office, "Initiative 15-0032," accessed December 1, 2015
  3. San Francisco Examiner, "Two unions battle for $15 hourly minimum wage in California," November 3, 2015
  4. Sacramento Business Journal, "$15 minimum-wage measure qualifies for November ballot," March 23, 2016
  5. 5.0 5.1 5.2 Monterey Herald, "California union halts minimum wage drive with law pending," April 1, 2016
  6. 6.0 6.1 Los Angeles Times, "Deal reached to boost California's minimum wage to $15, avoiding ballot box battle," March 26, 2016
  7. Davis Vanguard, "Minimum Wage Hike Passes Legislature, Awaits Governor’s Signature," April 1, 2016
  8. Open States, "California Senate Bill 3," accessed April 1, 2016
  9. Sacramento Business Journal, "Statewide $15 minimum wage initiative approved for November ballot," March 23, 2016
  10. Sacramento Business Journal, "$15 minimum-wage measure qualifies for November ballot," March 23, 2016
  11. 11.0 11.1 KCRA News 3, "Deal reached to take California minimum wage to $15 an hour," March 27, 2016
  12. ABC News 4, "California Enacts Highest Statewide Minimum Wage in U.S.," April 4, 2016
  13. SEIU-UHW, "Encouraging Withdrawal of a $15 Minimum Wage in Lieu of Legislation that Lifts Up Millions of California Workers RESOLUTION 21-16," accessed June 23, 2016
  14. SEIU-UHW, "Press Release Archive," accessed June 23, 2016
  15. 15.00 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  16. Attorney General's Office, "Fiscal Impact Estimate Report," accessed December 1, 2015
  17. Attorney General's Office, "RE: Request for Circulating Title and Summary; Signed Certifications; The Fair Wage Act of 2016," May 27, 2015
  18. KQED, "Union Group Submits 2016 Initiative to Boost California’s Minimum Wage," April 27, 2015
  19. SEIU-UHW, "Home," accessed March 24, 2016
  20. Silicon Valley Business Journall, "Gavin Newsom endorses state minimum wage initiative as California SEIU files rival measure," November 3, 2015
  21. 21.0 21.1 21.2 The Sacramento Bee, "SEIU starts competing effort to put minimum wage on California ballot," November 3, 2015
  22. 22.0 22.1 Vida en el valle, "Thousands of Californians are hoping to raise the state’s minimum wage to $15 by 2021," January 26, 2016
  23. 89.3 KPCC, "California minimum wage initiative cleared for signatures," August 3, 2015
  24. SFGate, "Backers of $15 minimum wage submit signatures to get on ballot," January 19, 2016
  25. Patch, "Proposed Measure Would Raise California's Minimum Wage to $15 by 2021," January 21, 2016
  26. The Orange County Register, "Newsom should spare California a minimum wage disaster," December 18, 2015
  27. ABC 30, "BALLOT PUSH FOR MINIMUM WAGE BOOST," January 19, 2016
  28. 28.0 28.1 California Secretary of State, "Campaign Finance: MINIMUM WAGE. INCREASES AND FUTURE ADJUSTMENTS. INITIATIVE STATUTE.," accessed June 3, 2016
  29. California Secretary of State, "Campaign Finance: CALIFORNIA CONSUMERS AGAINST HIGHER PRICES, SPONSORED BY SMALL BUSINESSES," accessed June 3, 2016
  30. 30.0 30.1 30.2 California Secretary of State, "November 2016 Eligible Statewide Ballot Measures," accessed March 24, 2016
  31. The Mercury News, "Union submits signatures for $15 California minimum wage," January 19, 2016
  32. CBS Sacramento, "Initiative To Raise California’s Minimum Wage To $15 An Hour Gathers 600,000 Signatures," January 19, 2016