BILL NUMBER: AB 1486	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 27, 2009

   An act to amend Section 554 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1486, as introduced, Furutani. Employment: days of rest.
   Existing law provides that a person employed in any occupation of
labor is entitled to one day's rest in 7 and prohibits an employer
from requiring his or her employees to work more than 6 days in 7.
However, existing law establishes exceptions from those provisions,
except where a valid collective bargaining agreement that covers the
hours of employees exists, for emergencies, other work performed in
the protection of life or property from loss or destruction, common
carriers engaged in or connected with the movement of trains, and
employees in an agricultural occupation. Existing law also authorizes
the Chief of the Division of Labor Standards to exempt other
employers or employees to prevent hardship.
   This bill would make nonsubstantive changes to those provisions
related to those exemptions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 554 of the Labor Code is amended to read:
   554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. 
Nothing in this   This  chapter  shall be
construed to   does not  prevent an accumulation of
days of rest when the nature of the employment reasonably requires
that the employee work seven or more consecutive days, if in each
calendar month the employee receives days of rest equivalent to one
day's rest in seven. The requirement respecting the equivalent of one
day's rest in seven shall apply, notwithstanding the other
provisions of this chapter relating to collective bargaining
agreements, where the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement respecting the hours of work of the employees,
unless the agreement expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt  any
  an  employer or employees from the provisions of
Sections 551 and 552.