BILL NUMBER: SB 812	CHAPTERED
	BILL TEXT

	CHAPTER  480
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 12, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2007
	AMENDED IN ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN ASSEMBLY  AUGUST 30, 2007
	AMENDED IN SENATE  APRIL 23, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Correa

                        FEBRUARY 23, 2007

   An act to add Section 1186.5 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 812, Correa.  Alternative workweek schedules: pharmacists.
   Existing law generally requires premium overtime rates of pay for
work in excess of 8 hours in a day and work in excess of 40 hours in
a workweek with specified exceptions, including where the employer
and employees have agreed to an alternative workweek pursuant to
specified procedures. The Industrial Welfare Commission, pursuant to
constitutionally authorized delegated powers from the Legislature,
has established regulations, denominated wage orders, governing
wages, hours, and working conditions in various industries.
Pharmacists, depending on the nature of their work, may be regulated
by Wage Order 7, relating to the mercantile industry, or Wage Order
4, relating to professional, technical, clerical, mechanical, and
similar occupations, including employees in the health care industry.
Although both wage orders permit the adoption of alternative
workweek schedules by agreement for those employees performing work
in those industries, Wage Order 7 requires that any such agreement
provide not less than 2 consecutive days off within a workweek,
whereas, Wage Order 4 has no such restriction.
   This bill would provide that pharmacists engaged in the practice
of pharmacy who are employed in the mercantile industry, pursuant to
Wage Order 7, shall be permitted to adopt alternative workweek
schedules allowed by Wage Order 4, including alternative workweeks
that can be adopted by employees working in the health care industry.



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

  SECTION 1.  Section 1186.5 is added to the Labor Code, to read:
   1186.5.  Notwithstanding any other provision of law, pharmacists
engaged in the practice of pharmacy who are employed in the
mercantile industry, as defined by Wage Order 7 of the Industrial
Welfare Commission, shall be permitted to adopt alternative workweek
schedules allowed by the provisions of Wage Order 4, including the
provisions for alternative workweeks that can be adopted by employees
working in the health care industry.