BILL NUMBER: AB 1313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member  Lara   Allen


                        FEBRUARY 18, 2011

   An act to amend Section  1143   554  of
the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1313, as amended,  Lara   Allen  .
 Employment   Overtime wages  :
agricultural workers. 
   Existing law sets wage and hour requirements for employees and
requires an employer to pay overtime wages as specified to an
employee who works in excess of a workday or workweek, as defined,
and imposes criminal penalties for the violation of these
requirements. Existing law exempts agricultural employees from these
requirements.  
   This bill would remove the exemption for agricultural employees
and would create a state-mandated local program by including
agricultural employees as a class of employees protected by criminal
penalties under existing law.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law requires the Agricultural Labor Relations Board to
make an annual report to the Governor and the Legislature regarding
its activities and the cases it has heard.  
   This bill would permit the board and its general counsel to
provide specified information regarding open cases to the general
public. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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   do
 not apply to  any  cases of emergency 
nor   or  to work performed in the protection of
life or property from loss or destruction,  nor 
 or  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 chapter shall be construed to 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 employer or
employees from the provisions of Sections 551 and 552.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 1143 of the Labor Code is
amended to read:
   1143.  The board shall, at the close of each fiscal year, make a
report in writing to the Legislature and to the Governor stating in
detail the cases it has heard, the decisions it has rendered, the
names, salaries, and duties of all employees and officers in the
employ or under the supervision of the board, and an account of all
moneys it has disbursed. The board and its general counsel may make
available to the general public, as to each open case, including
unfair labor practices charges, the name of the case and the date the
case was opened.