BILL NUMBER: SB 1344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Stone

                        FEBRUARY 19, 2016

   An act to amend Section 1454 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1344, as introduced, Stone. Domestic work employees.
   The Domestic Worker Bill of Rights prohibits a domestic work
employee, as defined, who is a personal attendant, as defined, from
being employed more than 9 hours in any workday or more than 45 hours
in any workweek, unless the employee receives 1.5 times the employee'
s regular rate of pay for all hours worked over 9 hours in any
workday and for all hours worked more than 45 hours in the workweek.
Those provisions are repealed as of January 1, 2017.
   This bill would authorize a domestic work employee who is a
live-in employee or who is required to be on duty for 24 or more
consecutive hours to enter into a written agreement with the domestic
work employer to exclude from hours worked a bona fide regularly
scheduled sleeping period of not more than 8 hours for uninterrupted
sleep, if specified conditions are met. If the sleeping period is
interrupted by an emergency, only time spent working during the
emergency would constitute hours worked. Absent a written agreement,
the 8 hours available for sleep would constitute hours worked.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1454 of the Labor Code is amended to read:
   1454.   (a)    A domestic work employee who is a
personal attendant shall not be employed more than nine hours in any
workday or more than 45 hours in any workweek unless the employee
receives one and one-half times the employee's regular rate of pay
for all hours worked over nine hours in any workday and for all hours
worked more than 45 hours in the workweek. 
   (b) If a domestic work employee is a live-in employee or is
required to be on duty for 24 or more consecutive hours, the domestic
work employer and the domestic work employee may agree, in writing,
to exclude from hours worked a bona fide regularly scheduled sleeping
period of not more than eight hours for uninterrupted sleep, if the
employee has eight hours free of duty and available for continuous,
uninterrupted sleep and the domestic work employer otherwise complies
with this section. If the sleeping period is interrupted by an
emergency, only time spent working during the emergency shall
constitute hours worked. Absent a written agreement, the eight hours
available for sleep shall constitute hours worked.