Bill Text: CA SB554 | 2013-2014 | Regular Session | Amended

California Senate Bill 554 (Prior Session Legislation)

Bill Title: Employment: overtime compensation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB554 Detail]

Download: California-2013-SB554-Amended.html

BILL NUMBER: SB 554	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Anderson

                        FEBRUARY 22, 2013

   An act to add Section 515.3 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 554, as amended, Anderson. 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,
except as specified, requires compensation for any work in excess of
8 hours in one workday at the rate of no less than 1.5 times the
regular rate of pay for an employee, and compensation for any work in
excess of 12 hours in one day at twice the regular rate of pay for
an employee. Under existing law, a person who violates the provisions
regulating work hours is guilty of a misdemeanor.
   This bill would exempt employees of 24-hour nonmedical out-of-home
licensed residential facilities of 15 beds or fewer for the
developmentally disabled, elderly, or mentally ill adults from the
above-described provisions, and would  authorize overtime pay
at specified rates for all hours worked by those employees in excess
of 40 or 48 hours in a workweek, or in excess of 16 hours in a
workday. The bill would  prohibit  those  employees
from working more than 24 consecutive hours, until the employee
receives at least 8 hours of off-duty period, as specified.  The
bill would specify that, for these employees, time spent sleeping
during the employee's 24-hour on-duty period shall not be included as
hours worked for the purpose of calculating overtime and would
require that time to be compensated at the minimum wage. 
Because a violation of these provision would be a misdemeanor, this
bill 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 515.3 is added to the Labor Code, to read:
   515.3.  Employees of 24-hour nonmedical out-of-home licensed
residential facilities of 15 beds or fewer for the developmentally
disabled, elderly, or mentally ill adults may  work the following
hours or schedule  , without violating any provision of this
chapter or any applicable order of the  commission, be
compensated as follows:   commission:  
   (a) An employee who works in excess of 40 hours in a workweek
shall be compensated at one and one-half times the employee's regular
rate of pay for all hours over 40 hours in the workweek. 

   (b) An employee shall be compensated at two times the employee's
regular rate of pay for all hours in excess of 48 hours in the
workweek.  
   (c) An employee shall be compensated at two times the employee's
regular rate of pay for all hours in excess of 16 in a workday.
 
   (d) 
    (a)  An employee  may   shall 
not work more than 24 consecutive hours until the employee receives
not less than eight consecutive hours off-duty immediately following
the 24 consecutive hours of work.  Time 
    (b)     Time  spent sleeping 
during the employee's 24-hour on-duty period  shall not be
included as hours worked  for the purpose of calculating
overtime. Time spent sleeping shall be compensated at the minimum
wage  .
  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.