BILL NUMBER: AB 778	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 21, 2013

   An act  to add Section   55.5 to the Labor Code,
  relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 778, as amended, Bocanegra. Employment:  overtime rate.
  workforce and demographic changes: study.  
   Existing law regulates the wages, hours, and working conditions of
any man, woman, and minor employed in any occupation, trade, or
industry, whether compensation is measured by time, piece, or
otherwise, except as specified. Existing law creates the Industrial
Welfare Commission and authorizes it to adopt rules, regulations, and
orders to ensure that employers comply with those provisions. 

   This bill would require the Director of Industrial Relations to
study workforce and demographic changes in the workforce in
California in the previous 20 years and projected workforce needs in
the coming 30 years. The bill would require the director to create a
report summarizing the findings of the study and submit that report
to the Assembly Committee on Labor and Employment and the Senate
Committee on Labor and Industrial Relations.  
   Existing law, with certain exceptions, establishes 8 hours as a
day's work and a 40-hour workweek, and requires payment of overtime
compensation for additional hours worked. Existing law requires that,
except for an employee working pursuant to an alternative workweek
schedule, as specified, hours worked in excess of 8 hours in one day,
hours worked in excess of 40 hours in one workweek, and the first 8
hours worked on the 7th day of work in a given workweek to be
compensated at the rate of no less than 11/2 times the regular rate
of pay of an employee. Under existing law, hours worked in excess of
12 hours in one day as well as hours worked in excess of 8 hours on
any 7th day of a workweek are to be compensated at the rate of no
less than twice the regular rate of pay of an employee. Existing law
exempts employees working pursuant to an alternative workweek
schedule under other specified provisions of this bill from these
requirements.  
   This bill would declare the intent of the Legislature to enact
legislation to clarify the overtime rate of compensation and
exemptions for employees who work onsite at residential rental
housing buildings. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 55.5 is added to the  
Labor Code   , to read:  
   55.5.  (a) The director shall study workforce and demographic
changes in the workforce in California in the previous 20 years and
projected workforce needs in the coming 30 years, including, but not
limited to, the role of overtime pay. The director shall create a
report summarizing the findings of the study and submit that report
to the Assembly Committee on Labor and Employment and the Senate
Committee on Labor and Industrial Relations.
   (b) The report required by subdivision (a) shall be submitted
pursuant to Section 9795 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to clarify the overtime rate of compensation and
exemptions for employees who work onsite at residential rental
housing buildings.