Bill Text: CA AB67 | 2015-2016 | Regular Session | Amended


Bill Title: Double Pay on the Holiday Act of 2016.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2016-06-21 - In committee: Hearing postponed by committee. [AB67 Detail]

Download: California-2015-AB67-Amended.html
BILL NUMBER: AB 67	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2016
	AMENDED IN SENATE  MAY 19, 2016
	AMENDED IN ASSEMBLY  JANUARY 25, 2016
	AMENDED IN ASSEMBLY  JUNE 3, 2015
	AMENDED IN ASSEMBLY  JUNE 2, 2015

INTRODUCED BY   Assembly Member Gonzalez
   (Coauthors: Assembly Members Calderon, Chu, and McCarty)
   (Coauthor: Senator Allen)

                        DECEMBER 17, 2014

   An act to add Section 511.5 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 67, as amended, Gonzalez. Double Pay on the Holiday Act of
2016.
   Existing law provides that 8 hours of labor constitutes a day's
work. Under existing law, any work in excess of 8 hours in one
workday and any work in excess of 40 hours in any one workweek, and
the first 8 hours worked on the 7th day of work in any one workweek,
is required to be compensated at the rate of no less than 11/2 times
the regular rate of pay for an employee. Existing law also provides
that hours worked in excess of 12 hours in one day as well as hours
worked in excess of 8 hours on any 7th day of work are to be
compensated at the rate of no less than twice the regular rate of pay
of an employee. A violation of these overtime wage provisions
constitutes a crime.
   This bill would enact the Double Pay on the Holiday Act of 2016,
which would require an employer to pay at least 2 times the regular
rate of pay to employees at retail and grocery store establishments,
as defined, except employees in specified categories, for work on a
family holiday, as defined. The bill would exempt 
restaurants, except for restaurants   retail food
facilities, as defined, from the act unless the retail food facility
is a grocery store establishment, or is  located within  a
 retail  establishment,  or  is located within a
 grocery store  establishments, from the act. 
 establishment and primarily sells food for onsite consumption.

   Because this bill would expand the definition of a crime, it would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 511.5 is added to the Labor Code, to read:
   511.5.  (a) This section shall be known, and may be cited, as the
Double Pay on the Holiday Act of 2016.
   (b) Any work performed at a retail store establishment or a
grocery store establishment on a family holiday shall be compensated
by the employer at no less than twice the employee's regular rate of
pay.
   (c) The provisions of this section are in addition to and
independent of any other rights, remedies, or procedures available
under any other law to an aggrieved employee. 
   (d) This section does not apply to a retail food facility unless
it is a grocery store establishment, or is located within a retail
store establishment, or is located within a grocery store
establishment and primarily sells food for onsite consumption. 

   (d) 
    (e)  As used in this section:
   (1) "Employee" does not include the following:
   (A) An employee covered by a valid collective bargaining agreement
if the agreement expressly provides for the wages, hours of work,
and working conditions of employees, and expressly provides for
holiday premium pay for those employees, premium wage rates for all
overtime hours worked, and a regular hourly rate of pay of not less
than 30 percent more than the state minimum wage.
   (B) An employee who is exempt from the payment of an overtime rate
of compensation for executive, administrative, and professional
employees pursuant to wage orders issued by the Industrial Welfare
Commission described in Section 515.
   (C) An employee who is employed by an employer who employs 500 or
fewer employees.
   (2) "Employer" means any person  employing another under
any arrangement or contract of hire and includes the state, political
subdivisions of the state, and municipalities.   who
employs another under any arrangement or contract of hire for a
retail store establishment or grocery store establishment. 
   (3) "Retail store establishment" means a physical store within the
state with more than 50 percent of its revenue generated from
merchandise subject to the state's sales and use taxes, including,
but not limited to, electronics, appliances, clothing, furniture,
sporting goods, health and personal  products, or a limited
line of food products for onsite consumption.  products.
A "retail store establishment" includes a retail food facility,
  if the retail food   facility   is
located within a retail store establishment.  A "retail store
establishment" does not include a  retail  store 
establishment  located in  a hotel,   an
 amusement park,  or   hotel,  movie
theater,  or  a new motor vehicle dealer, as defined
in Section 426 of the Vehicle  Code.   Code, or
a ski resort. 
   (4) "Grocery store establishment" means a physical store within
the state that sells primarily household foodstuffs for offsite
consumption, including, but not limited to, the sale of fresh
produce, meats, poultry, fish, deli products, dairy products, canned
foods, dry foods, beverages, and baked or prepared foods. Other
household supplies or products are secondary to the primary purpose
of food sales.  A "grocery store establishment" includes a
separate retail food facility that is located within a grocery store
establishment and primarily sells food for onsite consumption. 
A "grocery store establishment" does not include a store that
occupies 5,000 square feet or less of floor space and that sells
transportation fuels in conjunction with, and at the same physical
location as, household foodstuffs for offsite consumption.
   (5) "Family holiday" means the fourth Thursday of November of each
year. 
   (e) This section shall not apply to restaurants, except for
restaurants that are located within a retail store establishment or a
grocery store establishment.  
   (6) "Retail food facility" has the same meaning as in Section
113789 of the Health and Safety Code. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
                  
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