Bill Text: CA SB908 | 2009-2010 | Regular Session | Introduced

California Senate Bill 908 (Prior Session Legislation)

Introduced

Bill Title: Meal and rest periods: exceptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-26 - Set, first hearing. Hearing canceled at the request of author. [SB908 Detail]

Download: California-2009-SB908-Introduced.html

BILL NUMBER: SB 908	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        JANUARY 27, 2010

   An act to amend Sections 226.7 and 512 of the Labor Code, relating
to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 908, 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 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 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 and1/2 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 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.