BILL NUMBER: SB 1208	CHAPTERED  08/06/01

	CHAPTER  148
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 18, 2001
	PASSED THE ASSEMBLY  JULY 16, 2001
	AMENDED IN ASSEMBLY  JUNE 14, 2001
	AMENDED IN SENATE  MAY 29, 2001
	AMENDED IN SENATE  MAY 1, 2001

INTRODUCED BY   Senator Romero
   (Coauthor:  Assembly Member Pescetti)

                        MARCH 19, 2001

   An act to amend Sections 514 and 554 of, and to add Section 515.6
to, the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1208, Romero.  Working hours:  overtime exemption.
   Existing law provides that an employee covered by a valid
collective bargaining agreement that covers the wages, hours of work,
and working conditions, and provides for a rate of pay for overtime
hours worked, as specified, is not subject to a specific chapter
relating to working hours and working conditions.
   This bill would provide instead that the employee is not subject
to specified code sections relating to compensation for overtime work
and authorizing the adoption of an alternative workweek schedule.
   This bill would make a corresponding change in a provision that
provides that, with specified exceptions, employees are entitled to
one day's rest in 7 days of labor, and an employer may not cause his
or her employees to work more than 6 days in 7.
   This bill would declare that the provisions summarized above are
declaratory of existing law and shall not be deemed to alter, modify,
or otherwise affect any wage order of the Industrial Welfare
Commission.
   This bill would provide that physician employees paid an hourly
wage of $55 or more are exempt from specified provisions relating to
pay for overtime work, except as specified.  The bill would require
the Division of Labor Statistics and Research to annually adjust the
threshold wage rate.


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


  SECTION 1.  Section 514 of the Labor Code is amended to read:
   514.  Sections 510 and 511 do not apply to an employee covered by
a valid collective bargaining agreement if the agreement expressly
provides for the wages, hours of work, and working conditions of the
employees, and if the agreement provides premium wage rates for all
overtime hours worked and a regular hourly rate of pay for those
employees of not less than 30 percent more than the state minimum
wage.
  SEC. 2.  Section 554 of the Labor Code is amended to read:
   554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains.  This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission.  Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven.  The requirement respecting the equivalent of one day's
rest in seven shall apply, notwithstanding the other provisions of
this chapter relating to collective bargaining agreements, where the
employer and a labor organization representing employees of the
employer have entered into a valid collective bargaining agreement
respecting the hours of work of the employees, unless the agreement
expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.
  SEC. 3.  Section 515.6 is added to the Labor Code, to read:
   515.6.  (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, whose primary duties require licensure
pursuant to Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code, and whose hourly rate of pay is
equal to or greater than fifty-five dollars ($55.00).  The Division
of Labor Statistics and Research shall adjust this threshold rate of
pay each October 1, to be effective the following January 1, by an
amount equal to the percentage increase in the California Consumer
Price Index for Urban Wage Earners and Clerical Workers.
   (b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.
  SEC. 4.  Sections 1 and 2 of this act are declarative of existing
law and shall not be deemed to alter, modify, or otherwise affect any
provision of any wage order of the Industrial Welfare Commission.