Bill Text: CA AB2418 | 2015-2016 | Regular Session | Introduced

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Bill Title: Compensating time off.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - Died at Desk. [AB2418 Detail]

Download: California-2015-AB2418-Introduced.html

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BILL NUMBER: AB 2418	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 19, 2016

   An act to amend Section 204.3 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2418, as introduced, Jones. Compensating time off.
   Existing law authorizes an employee to receive compensating time
off in lieu of overtime pay under specified conditions, including,
but not limited to, that the compensating time off is provided
pursuant to a collective bargaining agreement, or other written
agreement.
   This bill would make technical, 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 204.3 of the Labor Code is amended to read:
   204.3.  (a) An employee may receive, in lieu of overtime
compensation, compensating time off at a rate of not less than one
and one-half hours for each hour of employment for which overtime
compensation is required by law. If an hour of employment would
otherwise be compensable at a rate of more than one and one-half
times the employee's regular rate of compensation, then the employee
may receive compensating time off commensurate with the higher rate.
   (b) An employer may provide compensating time off under
subdivision (a) if the following four conditions are met:
   (1) The compensating time off is provided pursuant to applicable
provisions of a collective bargaining agreement, memorandum of
understanding, or other written agreement between the employer and
the duly authorized representative of the employer's employees; or,
in the case of employees not covered by the aforementioned agreement
or memorandum of understanding, pursuant to a written agreement
entered into between the employer and employee before the performance
of the work.
   (2) The employee has not accrued compensating time in excess of
the limit prescribed by subdivision (c).
   (3) The employee has requested, in writing, compensating time off
in lieu of overtime compensation.
   (4) The employee is regularly scheduled to work no  less
  fewer  than 40 hours in a workweek.
   (c) (1) An employee may not accrue more than 240 hours of
compensating time off.  Any   An  employee
who has accrued 240 hours of compensating time off shall, for any
additional overtime hours of work, be paid overtime compensation.
   (2) If compensation is paid to an employee for accrued
compensating time off, the compensation shall be paid at the regular
rate earned by the employee at the time the employee receives
payment.
   (d) An employee who has accrued compensating time off authorized
to be provided under subdivision (a) shall, upon termination of
employment, be paid for the unused compensating time at a rate of
compensation not less than the average regular rate received by the
employee during the last three years of the employee's employment, or
the final regular rate received by the employee, whichever is
higher.
   (e) (1) An employee who has accrued compensating time off
authorized to be provided under subdivision (a), and who has
requested the use of that compensating time, shall be permitted by
the employee's employer to use the time within a reasonable period
after making the request, if the use of the compensating time does
not unduly disrupt the operations of the employer.
   (2) Upon the request of an employee, the employer shall pay
overtime compensation in cash in lieu of compensating time off for
any compensating time off that has accrued for at least two pay
periods.
   (3) For purposes of determining whether a request to use
compensating time has been granted within a reasonable period, the
following factors shall be relevant:
   (A) The normal schedule of work.
   (B) Anticipated peak workloads based on past experience.
   (C) Emergency requirements for staff and services.
   (D) The availability of qualified substitute staff.
   (f) Every employer shall keep records that accurately reflect
compensating time earned and used.
   (g) For purposes of this section, the terms "compensating time"
and "compensating time off" mean hours during which an employee is
not working, which are not counted as hours worked during the
applicable workweek or other work period for purposes of overtime
compensation, and for which the employee is compensated at the
employee's regular rate.
   (h) This section shall not apply to any employee exempt from the
overtime provisions of the California wage orders.
   (i) This section shall not apply to any employee who is subject to
the following wage orders of the Industrial Welfare Commission:
Orders No. 8-80, 13-80, and 14-80 (affecting industries handling
products after harvest, industries preparing agricultural products
for market on the farm, and agricultural occupations), Order No. 3-80
(affecting the canning, freezing, and preserving industry), Orders
No. 5-89 and 10-89 (affecting the public housekeeping and amusement
and recreation industries), and Order No. 1-89 (affecting the
manufacturing industry).