BILL NUMBER: AB 1734	CHAPTERED
	BILL TEXT

	CHAPTER  414
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2005
	PASSED THE SENATE  SEPTEMBER 7, 2005
	AMENDED IN SENATE  SEPTEMBER 2, 2005
	AMENDED IN SENATE  AUGUST 24, 2005

INTRODUCED BY   Assembly Member Koretz
   (Principal coauthor: Senator Murray)
   (Coauthor: Assembly Member Montanez)
   (Coauthor: Senator Alarcon)

                        FEBRUARY 24, 2005

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1734, Koretz  Private employment: meal periods.
   Existing law requires employers to provide meal periods to
employees during work periods of specified duration.
   This bill would exempt from the meal period requirement certain
employees in the motion picture and broadcasting industries 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 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) 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.