BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 569
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 569 (Emmerson)
          As Amended  August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |72-2 |(May 21, 2009)  |SENATE: |27-1 |(August 25,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    L. & E.  

           SUMMARY  :  Establishes specified collective bargaining agreement  
          exemptions related to requirements of existing law concerning  
          meal periods.   

           The Senate amendments  :

          1 Add collective bargaining exemptions for security officers  
            employed by private patrol operators, and employees employed  
            by gas companies, electric companies, and publicly owned  
            utilities.

          2)Specify that the collective bargaining exemption applies to  
            employees employed in a "construction occupation" rather than  
            the "construction industry."

          3)Define "construction occupation" to mean all job  
            classifications associated with construction (as specified),  
            including work involving alteration, demolition, building,  
            excavation, renovation, remodeling, maintenance, improvement  
            and repair, and any other similar or related occupation or  
            trade.

          4)Define "commercial driver" to mean an employee who operates a  
            vehicle as specified in certain provisions of the Vehicle  
            Code.

          5)Add uncodified language to specify that these provisions of  
            the bill do not affect the nature or scope of the law relating  
            to meal periods for security officers who are not covered by a  
            valid collective bargaining agreement.

           AS PASSED BY THE ASSEMBLY  , this bill:
           








                                                                  AB 569
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          1)Provided that specified provisions of current law related to  
            meal periods do not apply to an employee employed in the  
            construction industry who is covered by a valid collective  
            bargaining agreement that meets certain conditions.

          2)Provided that specified provisions of current law related to  
            meal periods do not apply to an employee employed as a  
            commercial driver in the transportation industry who is  
            covered by a valid collective bargaining agreement that meets  
            certain conditions.

          3)Added uncodified language to specify that these provisions of  
            the bill shall not be construed to affect the interpretation  
            of the nature or scope of the law related to meal periods  
            other than for employees or employers specifically covered by  
            these provisions.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  The supporters of this bill, which includes United  
          Parcel Service (UPS) and Associated General Contractors (AGC),  
          argue that it will provide an immediate necessary flexibility  
          for collectively bargained commercial drivers and employees of  
          the construction industry.  UPS notes that, while they continue  
          to support broader approaches to meal period flexibility, UPS  
          argues that it cannot continue to discipline their collectively  
          bargained drivers when flexible solution agreed to by management  
          and employees is available.
           
          Associated General Contractors (AGC) argues that the various  
          interpretations of meal period law by enforcement officials have  
          led to significant confusion and litigation.  AGC reports that  
          in order to avoid liability, contractors are forced to police  
          their workforce to their meal periods without interruption.   
          Although many construction companies operate under collective  
          bargaining agreements, they have lost their ability to bargain  
          on the meal period issue due to recent case law.  Finally, AGC  
          notes that, in this economic climate, providing flexibility for  
          collectively bargained contractors will supply key relief from  
          litigation.

          The California Nurses Association (CNA), writing in opposition  
          to this measure, argues that by carving out groups of workers  
          under collective bargaining agreements will compromise basic  








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          labor law that protects the ability of all workers to have a  
          lunch break.  CNA believes that carving out specific industries  
          will encourage other employers to push for similar exemptions,  
          which employers will use as a take-away during negotiation.  CNA  
          notes that it is difficult for registered nurses (RNs) to  
          receive meal breaks due to staffing issues and nurse to patient  
          ratio laws.  CNA believes that the best way for RNs to take  
          their meal breaks is to be backed-up by existing law, and  
          therefore opposes any collective bargaining carve out that could  
          create a precedent for the healthcare industry.
           
          Other opponents, such as the California Manufacturing and  
          Technology Association, the California Hospital Association, the  
          Associated Builders and Contractors of California, and other  
          employer organizations, have taken an 'oppose unless amended'  
          position, arguing that this bill should be amended to provide  
          meal period flexibility to all employers.  These opponents feel  
          that current meal period law is too rigid and inflexible, and  
          this bill should follow the example of other meal period  
          legislation that applied to all employers.
           

          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 


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