Bill Text: CA SB1114 | 2011-2012 | Regular Session | Introduced
Bill Title: Employment: overtime compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-14 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1114 Detail]
Download: California-2011-SB1114-Introduced.html
BILL NUMBER: SB 1114 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 17, 2012
An act to amend Section 511 of, and to amend, repeal, and add
Section 510 of, the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1114, as introduced, Dutton. Employment: overtime compensation.
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.
This bill, until January 1, 2015, instead would establish 40 hours
as a week's work and require payment of prescribed overtime
compensation for hours worked in excess of 10 hours in one workday.
The bill would also make conforming changes.
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 Forty hours of labor
constitutes a day's week 's
work. Any work in excess of eight 10
hours in one workday and any work in excess of 40 hours in any one
workweek and the first eight 10 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 10 hours on any 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 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)
(1) An alternative workweek schedule adopted pursuant
to a collective bargaining agreement pursuant to Section 514.
(3)
(2) 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 not affect, change, or limit an employer's
liability under the workers' compensation law.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 510 is added to the Labor Code, 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 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 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 not affect, change, or limit an employer's
liability under the workers' compensation law.
(d) This section shall become operative on January 1, 2015.
SEC. 3. Section 511 of the Labor Code is amended to read:
511. (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be a
single work schedule that would become the standard schedule for
workers in the work unit, or a menu of work schedule options, from
which each employee in the unit would be entitled to choose.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
(b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. 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.
(c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal, or nullification of
an alternative workweek schedule.
(d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j) of
Section 12940 of the Government Code.
(e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
(f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers Number 1, 4, 5, 7, or 9 of the
Industrial Welfare Commission is null and void, except for an
alternative workweek providing for a regular schedule of no more than
10 hours' work in a workday that was adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to wage
orders of the Industrial Welfare Commission in effect prior to 1998.
This subdivision does not apply to exemptions authorized pursuant to
Section 515.
(g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
(h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
(i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.
(j) This section shall be inoperative from January 1, 2013, to
January 1, 2015, inclusive, and shall resume operation on January 1,
2015.
