BILL NUMBER: AB 519	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 20, 2013

   An act to amend Section 512 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 519, as introduced, Logue. Working hours: meal periods.
   Existing law, subject to certain exceptions, prohibits an employer
from requiring an employee to work more than 5 hours per day without
providing a meal period and, notwithstanding that provision,
authorizes the Industrial Welfare Commission to adopt a working
condition order permitting a meal period to commence after 6 hours of
work if the commission determines the order is consistent with the
health and welfare of affected employees. Existing law exempts
employees in certain occupations from these provisions.
   This bill would make technical, nonsubstantive changes to the
above 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   shall  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   shall  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 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
7-hour days, payment of one and one-half times 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 two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 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,   (a), 
Section 226.7, and Industrial Welfare Commission Wage Order Numbers
11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) Subdivision (e) applies to each of the following employees:
   (1) An employee employed in a construction occupation.
   (2) An employee employed as a commercial driver.
   (3) An employee employed in the security services industry as a
security officer  ,  who is registered pursuant to Chapter
11.5 (commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
   (4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
   (g) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
   (3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
   (4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
   (5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.