Bill Text: CA AB1185 | 2013-2014 | Regular Session | Introduced
Bill Title: Employment: day's work.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-02-03 - Died at Desk. [AB1185 Detail]
Download: California-2013-AB1185-Introduced.html
BILL NUMBER: AB 1185 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Morrell
FEBRUARY 22, 2013
An act to amend Section 510 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1185, as introduced, Morrell. Employment: day's work.
Existing law, with certain exceptions, establishes 8 hours as a
day's work and a 40-hour workweek, and requires payment of prescribed
overtime compensation for additional hours worked. Existing law
authorizes the adoption by 2/3 of employees in a work unit of
alternative workweek schedules providing for workdays no longer than
10 hours within a 40-hour workweek. Under existing law, a person who
violates the provisions regulating work hours is guilty of a
misdemeanor.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 510 of the Labor Code is amended to read:
510. (a) Eight hours of labor constitutes a day's work. Any work
in excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any the seventh day of a workweek shall
be compensated at the rate of no less than twice the regular rate of
pay of an employee. Nothing in this section requires an employer to
combine more than one rate of overtime compensation in order to
calculate the amount to be paid to an employee for any hour of
overtime work. The requirements of this section do
shall not apply to the payment of overtime compensation
to an employee working pursuant to any of the following:
(1) An alternative workweek schedule adopted pursuant to Section
511.
(2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
(3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
(b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
(c) This section does shall not
affect, change, or limit an employer's liability under the workers'
compensation law.
