Bill Text: CA SB807 | 2009-2010 | Regular Session | Amended
Bill Title: Employment: meal and rest periods.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB807 Detail]
Download: California-2009-SB807-Amended.html
BILL NUMBER: SB 807 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Benoit
FEBRUARY 27, 2009
An act to amend Section 16000 of the Business and
Professions Sections 226.7 and 512 of the Labor
Code, relating to business licenses employment
.
LEGISLATIVE COUNSEL'S DIGEST
SB 807, as amended, Benoit. Business licenses
Employment: meal and rest periods .
Under existing law an employer is prohibited from requiring an
employee to work during a meal or rest period mandated by an
applicable order of the Industrial Welfare Commission and is required
to pay a nonexempt employee one additional hour's pay at the
employee's regular rate of compensation upon failure to provide the
mandated meal or rest period.
This bill would provide that the payment to the employee for
failure to provide a mandated meal or rest period is a statutory
penalty and does not constitute additional wages to the employee. The
bill also would clarify that an employer provides a meal or rest
period by making one available to the employee without interfering
with its use.
Existing law requires an employer to provide an employee who works
more than 5 hours with a meal period of not less than 30 minutes,
unless the employee's total daily work period does not exceed 6
hours, in which case it may be waived by mutual agreement.
This bill would provide that this meal period may commence at any
time before the start of the 6th hour of work.
Existing law authorizes the legislative body of an incorporated
city to license businesses carried on within its jurisdiction and to
set license fees as specified.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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 An employer shall
not require any an employee
to work during any a meal or rest
period mandated by an applicable order of the Industrial Welfare
Commission.
(b) If an employer fails to provide to an employee a
meal period or rest period in accordance with an applicable order of
the Industrial Welfare Commission, the employer shall pay a
penalty to the employee in an amount equal to one
additional hour of pay at the employee's regular
rate of compensation , notwithstanding the duration of the meal
or rest period, for each work day that the meal or rest period
is not provided. This statutory penalty is not restitutionary in
nature and shall not constitute additional wages to the employee.
(c) For purposes of this section, an employer provides a meal or
rest period by making one available to the employee without
interfering with its use.
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, commencing at any time before the start of the sixth
hour of work, 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
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
seven-hour days, payment of 1 and 1/2
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) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Orders 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 Orders 11 and 12.
SECTION 1. Section 16000 of the Business and
Professions Code is amended to read:
16000. (a) The legislative body of an incorporated city may, in
the exercise of its police power, and for the purpose of regulation,
as herein provided and not otherwise, license any kind of business
not prohibited by law transacted and carried on within the limits of
its jurisdiction, including all shows, exhibitions, and lawful games,
and may fix the rates of the license fee and provide for its
collection by suit or otherwise. Any legislative body, including the
legislative body of a charter city, that fixes the rate of license
fees pursuant to this subdivision upon a business operating both
within and outside the legislative body's taxing jurisdiction, shall
levy the license fee so that the measure of the fee fairly reflects
that proportion of the activity actually carried on within the taxing
jurisdiction.
(b) No license fee levied pursuant to subdivision (a) that is
measured by the licensee's income or gross receipts, whether levied
by a charter or general law city, shall apply to any nonprofit
organization that is exempted from taxes by Chapter 4 (commencing
with Section 23701) of Part 11 of Division 2 of the Revenue and
Taxation Code or Subchapter F (commencing with Section 501) of
Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the
successor of either, or to any minister, clergyman, Christian Science
practitioner, rabbi, or priest of any religious organization that
has been granted an exemption from federal income tax by the United
States Commissioner of Internal Revenue as an organization described
in Section 501(c)(3) of the Internal Revenue Code or a successor to
that section.
(c) Before a city, including a charter city, issues a business
license to a person to conduct business as a contractor, as defined
in Section 7026, the city shall verify that the person is licensed by
the Contractors' State License Board.
