Bill Text: CA SB319 | 2011-2012 | Regular Session | Introduced
Bill Title: Meal and rest periods: exceptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB319 Detail]
Download: California-2011-SB319-Introduced.html
BILL NUMBER: SB 319 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
FEBRUARY 14, 2011
An act to amend Sections 226.7 and 512 of the Labor Code, relating
to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 319, as introduced, Wyland. Meal and rest periods: exceptions.
Existing law prohibits, with specified exceptions, an employer
from requiring any employee to work during a meal or rest period
mandated by an applicable order of the Industrial Welfare Commission.
Existing law requires, with specified exceptions, employers to
provide meal and rest periods to employees during work periods of
specified duration.
This bill would exempt from these provisions an employee in the
transportation industry whose work places him or her inside an
armored car in shifts during a workday.
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 226.7 of the Labor Code is amended to read:
226.7. (a) No employer shall require any employee to work during
any meal or rest period mandated by an applicable order of the
Industrial Welfare Commission.
(b) If an employer fails to provide an employee a meal period or
rest period in accordance with an applicable order of the Industrial
Welfare Commission, the employer shall pay the employee one
additional hour of pay at the employee's regular rate of compensation
for each work day that the meal or rest period is not provided.
(c) Subdivisions (a) and (b) do not apply to an employee in the
transportation industry whose work places him or her inside an
armored car in shifts during a workday.
SEC. 2. Section 512 of the Labor Code is amended to read:
512. (a) An employer may shall not
employ an employee for a work period of more than five hours per day
without providing the employee with a meal period of not less than 30
minutes, except that if the total work period per day of the
employee is no more than six hours, the meal period may be waived by
mutual consent of both the employer and employee. An employer
may shall not employ an employee for a
work period of more than 10 hours per day without providing the
employee with a second meal period of not less than 30 minutes,
except that if the total hours worked is no more than 12 hours, the
second meal period may be waived by mutual consent of the employer
and the employee only if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
(d) Subdivision (a) does not apply to an employee in the
transportation industry whose work places him or her inside an
armored car in shifts during a workday.
(d)
(e) If an employee in the motion picture industry or
the broadcasting industry, as those industries are defined in
Industrial Welfare Commission Wage Order Numbers 11 and 12, is
covered by a valid collective bargaining agreement that provides for
meal periods and includes a monetary remedy if the employee does not
receive a meal period required by the agreement, then the terms,
conditions, and remedies of the agreement pertaining to meal periods
apply in lieu of the applicable provisions pertaining to meal periods
of subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
(e)
(f) Subdivisions (a) and (b) do not apply to an
employee specified in subdivision (f) (g)
if both of the following conditions are satisfied:
(1) The employee is covered by a valid collective bargaining
agreement.
(2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, 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 rate.
(f)
(g) Subdivision (e) (f)
applies to each of the following employees:
(1) An employee employed in a construction occupation.
(2) An employee employed as a commercial driver.
(3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
(4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
(g)
(h) The following definitions apply for the purposes of
this section:
(1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
(2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
(3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
(4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
(5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.
