BILL NUMBER: AB 514	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member De Leon
    (   Coauthors:   Assembly Members 
 Brownley,   Carter,   Evans,  
Fuentes,   Furutani,   Lieu,   Bonnie
Lowenthal,   Ma,   Salas,   and Skinner
  ) 

                        FEBRUARY 24, 2009

   An act to amend Section  212   1030  of
the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 514, as amended, De Leon. Employment:  wages 
 lactation accommodation  .
   Existing law  prohibits the use of specified instruments
for the payment of wages   requires an employer to
provide a reasonable amount of break time for lactation purposes and
specifies that the break time, if possible, shall run concurrently
with any break time already provided to the employee. Under existing
law, break time is unpaid if it does not run concurrently with the
employee's authorized rest time. Existing law authorizes the Labor
Commissioner to issue a citation for the violation of these
provisions but exempts the violation from criminal prosecution 
.
   This bill would  make nonsubstantive changes to that
provision   ,   instead, require an employer to
provide a 20-minute paid rest period for lactation purposes during
each 4-hour work period, immediately preceding or following the
employee's rest period, and would specify that compliance with this
requirement does not satisfy or affect an employer's separate
obligation to provide a meal or rest period required by statute, an
Industrial Welfare Commission order, or a collective bargaining
agreement  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 1030 of the   Labor
Code   is amended to read: 
   1030.   (a)    Every employer, including the
state and any political subdivision, shall provide a 
reasonable amount of break time   20-minute paid rest
period during each four-hour work period  to accommodate an
employee desiring to express breast milk for the employee's infant
child.  The break time shall, if possible, run concurrently
with any break time already provided to the employee. Break time for
an employee that does not run concurrently with the rest time
authorized for the employee by the applicable wage order of the
Industrial Welfare Commission shall be unpaid.   The
rest period required by this section shall immediately precede or
follow any rest period to which the employee is entitled by law.
 
   (b) Providing the rest period required by this section does not
satisfy or otherwise affect an employer's separate obligation to
provide a meal or rest period required by statute, an order of the
Industrial Welfare Commission, or a collective bargaining agreement.
 
  SECTION 1.    Section 212 of the Labor Code is
amended to read:
   212.  (a) No person, or agent or officer thereof, shall issue in
payment of wages due, or to become due, or as an advance on wages to
be earned any of the following:
   (1) An order, check, draft, note, memorandum, or other
acknowledgment of indebtedness, unless it is negotiable and payable
in cash, on demand, without discount, at some established place of
business in the state, the name and address of which must appear on
the instrument, and at the time of its issuance and for a reasonable
time thereafter, which must be at least 30 days, the maker or drawer
has sufficient funds in, or credit, arrangement, or understanding
with, the drawee for its payment.
   (2) Any scrip, coupon, cards, or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.
   (b) If an instrument mentioned in subdivision (a) is protested or
dishonored, the notice or memorandum of protest or dishonor is
admissible as proof of presentation, nonpayment, and protest and is
presumptive evidence of knowledge of insufficiency of funds or credit
with the drawee.
   (c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at any place of
business of the drawee chosen by the person entitled to enforce the
instrument.