Bill Text: CA AB2370 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 2370 (Prior Session Legislation)

Introduced

Bill Title: Industrial Welfare Commission: wage orders: hours worked.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2370 Detail]

Download: California-2015-AB2370-Introduced.html

BILL NUMBER: AB 2370	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 18, 2016

   An act to amend Section 516 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2370, as introduced, Wagner. Industrial Welfare Commission:
wage orders: hours worked.
   Existing law provides it is the continuing duty of the Industrial
Welfare Commission to ascertain the wages paid to all employees in
this state, to ascertain the hours and conditions of labor and
employment in the various occupations, trades, and industries in
which employees are employed in this state, and to investigate the
health, safety, and welfare of those employees. Existing law
establishes the Division of Labor Standards Enforcement in the
Department of Industrial Relations for the enforcement of labor laws,
including orders of the commission. Existing law, except as
specified, authorizes the commission to adopt or amend working
condition orders with respect to break periods, meal periods, and
days of rest for any workers in California consistent with the health
and welfare of those workers. Existing law requires the commission,
by July 1, 2000, to adopt wage, hours, and working condition orders
necessary to ensure fairness in the establishment of employee
workweek schedules. Existing law further requires the commission, by
July 1, 2000, to conduct reviews of wages, hours, and working
conditions in specified industries and to adopt or modify regulations
necessary to protect the health, safety, and welfare of workers in
those industries. An existing wage order of the commission provides
that "hours worked," within the health care industry, means the time
during which an employee is suffered or permitted to work for the
employer, whether or not required to do so, as interpreted in
accordance with the provisions of the federal Fair Labor Standards
Act.
   This bill would declare that the definition of "hours worked" as
it pertains to the health care industry, in that existing wage order,
was valid and enforceable on and after October 1, 2000, and
continues to be valid and enforceable. The bill would state that the
bill is declarative of, and clarifies, existing law.
   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 516 of the Labor Code is amended to read:
   516.  (a) Except as provided in Section 512, the Industrial
Welfare Commission may adopt or amend working condition orders with
respect to break periods, meal periods, and days of rest for any
workers in California consistent with the health and welfare of those
workers.
   (b) Notwithstanding subdivision (a), or any other law, including
Section 512, the health care employee meal period waiver provisions
in Section 11(D) of Industrial Welfare Commission Wage Orders 4 and 5
were valid and enforceable on and after October 1, 2000, and
continue to be valid and enforceable. This subdivision is declarative
of, and clarifies, existing law. 
   (c) Notwithstanding subdivision (a), or any other law, including
Section 512, the definition of "hours worked" within the health care
industry as defined in Section 2(K) of Industrial Welfare Wage Order
5, was valid and enforceable on and after October 1, 2000, and
continues to be valid and enforceable. This subdivision is
declaratory of existing law.