Bill Text: CA SB1360 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 1360 (Prior Session Legislation)

Bill Title: Compensation: rest or recovery periods.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-28 - Chaptered by Secretary of State. Chapter 72, Statutes of 2014. [SB1360 Detail]

Download: California-2013-SB1360-Chaptered.html

BILL NUMBER: SB 1360	CHAPTERED
	BILL TEXT

	CHAPTER  72
	FILED WITH SECRETARY OF STATE  JUNE 28, 2014
	APPROVED BY GOVERNOR  JUNE 28, 2014
	PASSED THE SENATE  APRIL 1, 2014
	PASSED THE ASSEMBLY  JUNE 19, 2014

INTRODUCED BY   Senator Padilla

                        FEBRUARY 21, 2014

   An act to amend Section 226.7 of the Labor Code, relating to
compensation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1360, Padilla. Compensation: rest or recovery periods.
   Existing law prohibits an employer from requiring an employee to
work during a meal or rest or recovery period mandated by an
applicable statute, or applicable regulation, standard, or order of
the Industrial Welfare Commission (IWC), the Occupational Safety and
Health Standards Board, or the Division of Occupational Safety and
Health and establishes penalties for an employer's failure to provide
a mandated meal or rest or recovery period. Existing wage orders of
the IWC require that a rest period be counted as hours worked, for
which there shall be no deduction from wages.
   This bill would provide that a rest or recovery period mandated
pursuant to a state law, including, but not limited to, an applicable
statute, or applicable regulation, standard, or order of the IWC,
the board, or the division, shall be counted as hours worked, for
which there shall be no deduction from wages. The bill would declare
that provision to be declaratory of existing law.


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) As used in this section, "recovery period" means a
cooldown period afforded an employee to prevent heat illness.
   (b) An employer shall not require an employee to work during a
meal or rest or recovery period mandated pursuant to an applicable
statute, or applicable regulation, standard, or order of the
Industrial Welfare Commission, the Occupational Safety and Health
Standards Board, or the Division of Occupational Safety and Health.
   (c) If an employer fails to provide an employee a meal or rest or
recovery period in accordance with a state law, including, but not
limited to, an applicable statute or applicable regulation, standard,
or order of the Industrial Welfare Commission, the Occupational
Safety and Health Standards Board, or the Division of Occupational
Safety and Health, the employer shall pay the employee one additional
hour of pay at the employee's regular rate of compensation for each
workday that the meal or rest or recovery period is not provided.
   (d) A rest or recovery period mandated pursuant to a state law,
including, but not limited to, an applicable statute, or applicable
regulation, standard, or order of the Industrial Welfare Commission,
the Occupational Safety and Health Standards Board, or the Division
of Occupational Safety and Health, shall be counted as hours worked,
for which there shall be no deduction from wages. This subdivision is
declaratory of existing law.
   (e) This section shall not apply to an employee who is exempt from
meal or rest or recovery period requirements pursuant to other state
laws, including, but not limited to, a statute or regulation,
standard, or order of the Industrial Welfare Commission.