Bill Text: CA SB1115 | 2011-2012 | Regular Session | Introduced
Bill Title: Flexible work schedules.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-14 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1115 Detail]
Download: California-2011-SB1115-Introduced.html
BILL NUMBER: SB 1115 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 17, 2012
An act to amend Section 510 of, and to add Section 511.5 to, the
Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1115, as introduced, Dutton. Flexible work schedules.
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, by2/3 of employees in a work unit, of
alternative workweek schedules providing for workdays no longer than
10 hours within a 40-hour workweek. Under existing law, any person
who violates the provisions regulating work hours is guilty of a
misdemeanor.
This bill would permit an individual nonexempt employee employed
by an employer with 10 or less employees to request an
employee-selected flexible work schedule providing for workdays up to
10 hours per day within a 40-hour workweek, and would allow the
employer to implement this schedule without any obligation to pay
overtime compensation.
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 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 employee-selected flexible work schedule adopted pursuant
to Section 511.5.
(2)
(3) An alternative workweek schedule adopted pursuant
to a collective bargaining agreement pursuant to Section 514.
(3)
(4) 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.
SEC. 2. Section 511.5 is added to the Labor Code, to read:
511.5. (a) Notwithstanding Section 511 or any other law or order
of the Industrial Welfare Commission, an individual nonexempt
employee employed by an employer with 10 or fewer employees may work
up to 10 hours per workday without any obligation on the part of the
employer to pay an overtime rate of compensation, except as provided
in subdivision (b), if the employee requests this schedule in writing
and the employer approves the request. This shall be referred to as
an overtime exemption for an employee-selected flexible work
schedule.
(b) If an employee-selected flexible work schedule is adopted
pursuant to subdivision (a), the employer shall pay overtime at one
and one-half times the employee's regular rate of pay for all hours
worked over 40 hours in a workweek or over 10 hours in a workday,
whichever is the greater number of hours. All work performed in
excess of 12 hours per workday and in excess of eight hours on a
fifth, sixth, or seventh day in the workweek shall be paid at double
the employee's regular rate of pay.
(c) The employer may inform its employees that it will consider
requests to work an employee-selected flexible work schedule, but
shall not induce such requests by promising an employment benefit or
threatening an employment detriment.
(d) The employee or employer may discontinue an employee-selected
flexible work schedule at any time by giving written notice to the
other party. The request will be effective the first day of the next
pay period or the fifth day after notice is given if there are fewer
than five days before the start of the next pay period, unless
otherwise agreed to by the employer and the employee.
(e) This section does not apply to any employee covered by a valid
collective bargaining agreement or employed by the state, a city,
county, city and county, district, municipality, or other public,
quasi-public, or municipal corporation, or any political subdivision
of this state.
