BILL NUMBER: SB 990 INTRODUCED
INTRODUCED BY Senator Hollingsworth
FEBRUARY 8, 2010
An act to amend Section 512 of the Labor Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
SB 990, as introduced, Hollingsworth. Employment: meal periods.
Existing law requires an employer to provide an employee with one
meal period during a work period of more than 5 hours and 2 meal
periods during a work period of 10 hours, as prescribed.
This bill would make nonsubstantive changes to these provisions.
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 512 of the Labor Code is amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee
, but only if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
seven-hour 7-hour days, payment of
1 and 1/2 one and one-half
the regular rate of pay for time worked in excess of seven
hours per day, and a rest period of not less than 10 minutes every
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Orders 11 and 12, is covered by a valid
collective bargaining agreement that provides for meal periods and
includes a monetary remedy if the employee does not receive a meal
period required by the agreement, then the terms,
conditions, and remedies of the agreement pertaining to meal periods
apply in lieu of the applicable provisions pertaining to meal periods
of subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Orders 11 and 12.