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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-08-31 - Assembly refused to concur in Senate amendments. (Ayes 31. Noes 37. Page 6585.) [AB67 Detail]

Download: California-2015-AB67-Amended.html

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BILL NUMBER: AB 67	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        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
2015.
   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 1 1/2 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 2015
that would require an employer to pay at least 2 times the regular
rate of pay to  an employee   specified
employees  for work on a family  holiday  
holiday,  as defined.
   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 2015.
   (b) Any work 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) As used in this section:
   (1) "Employee" does not include  an employee 
 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  paid sick days or a
paid leave or paid time off policy that permits the use of sick days
for those employees, final and binding arbitration of disputes
concerning the application of its  holiday premium pay
 provisions,   for those employees, 
premium wage rates for all overtime hours worked, and 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. 
   (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.
   (3) "Family holiday" means  either:  
   (A) December 25 of each year. 
    (B)     The 
 the  fourth Thursday of November of each year.
  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.