BILL NUMBER: AB 330	CHAPTERED
	BILL TEXT

	CHAPTER  207
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2003
	APPROVED BY GOVERNOR  AUGUST 9, 2003
	PASSED THE SENATE  JULY 24, 2003
	PASSED THE ASSEMBLY  MAY 8, 2003

INTRODUCED BY   Assembly Member Parra

                        FEBRUARY 7, 2003

   An act to amend Section 512 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 330, Parra.  Working conditions.
   Existing law requires employers to provide meal periods to
employees during work periods of specified duration.
   This bill would exempt employees from the meal period requirement
for certain employees in the wholesale baking industry who are
covered by a valid collective bargaining agreement that contains
specified terms.


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


  SECTION 1.  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 and 1/2 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.