BILL NUMBER: AB 98	CHAPTERED
	BILL TEXT

	CHAPTER  327
	FILED WITH SECRETARY OF STATE  SEPTEMBER 8, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	PASSED THE ASSEMBLY  APRIL 21, 2003
	AMENDED IN ASSEMBLY  MARCH 12, 2003

INTRODUCED BY   Assembly Member Koretz

                        JANUARY 9, 2003

   An act to add Section 512.5 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 98, Koretz.  Employment:  meal periods and rest periods.
   Existing law authorizes the Industrial Welfare Commission to adopt
or amend working condition orders with respect to break periods,
meal periods, and days of rest for any workers in this state
consistent with the health and welfare of those workers.  Existing
law prohibits an employer,  with certain exceptions, from employing
an employee for more than 5 hours per day without a meal period of
not less than 30 minutes, or for more than 10 hours per day without a
2nd meal period of not less than 30 minutes.
   This bill would provide that if the Industrial Welfare Commission
adopts or amends an order that applies to an employee of a public
agency who operates a commercial motor vehicle, it may exempt an
employee covered by a valid collective bargaining agreement from
provisions that relate to meal periods or rest periods.


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


  SECTION 1.  Section 512.5 is added to the Labor Code, to read:
   512.5.  (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission adopts or amends an order that applies
to an employee of a public agency who operates a commercial motor
vehicle, it may exempt that employee from the application of the
provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
   (b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
   (c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.