BILL NUMBER: AB 124	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2007
	AMENDED IN SENATE  JULY 20, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MAY 8, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Price
   (Coauthors: Assembly Members Beall, Dymally, and Krekorian)
   (Coauthor: Senator Kuehl)

                        JANUARY 10, 2007

   An act to add Section 226.75 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 124, as amended, Price. Meal and rest periods.
   Existing law authorizes the Industrial Welfare Commission to adopt
orders respecting wages, hours, and working conditions.
   Existing law also prohibits an employer from requiring an employee
to work during a meal or rest period mandated by the commission. Any
employer that requires an employee to work during a meal or rest
period mandated by an order of the commission is required to pay the
employee one hour's pay for each workday that the meal or rest period
is not provided.
   This bill would extend the protections afforded to employees
covered by an order of the commission to pool lifeguards and stage
assistants who are employed by  the state or any political
subdivision thereof   a city, county, or special
district  , to the extent not in conflict with the provisions of
a memorandum of understanding reached between an employer and a
recognized employee organization  , as specified  .

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 226.75 is added to the Labor Code, to read:
   226.75.  (a)  Notwithstanding any other provision of law,
pool   Pool  lifeguards and stage assistants
employed by  the state or any political subdivision thereof,
including  any city, county, or special district, shall not
be required by their employer to work during any meal or rest period
required for nonexempt employees by Section 512 or by an order of the
Industrial Welfare Commission.
   (b) If an employer fails to provide an employee a meal or rest
period in accordance with subdivision (a), the employer shall pay the
employee one additional hour of pay at the employee's regular rate
of compensation for each workday that the meal or rest period is not
provided.
   (c) If any provision of this section is in conflict with the
provisions of a memorandum of understanding reached between an
employer and a recognized employee organization, the memorandum of
understanding shall be controlling without further legislative action
 , except that, with respect to a memorandum of
understanding reached pursuant to Section 3517.5 of the Government
Code, the provisions shall not become effective until approved by the
Legislature in the annual Budget Act.   .