AB 1185, as introduced, Morrell. Employment: day’s work.
Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 2⁄3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor.
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 510 of the Labor Code is amended to
2read:
(a) Eight hours of labor constitutes a day’s work. Any
4work in excess of eight hours in one workday and any work in
5excess of 40 hours in any one workweek and the first eight hours
6worked on the seventh day of work in any one workweek shall be
7compensated at the rate of no less than one and one-half times the
P2 1regular rate of pay for an employee. Any work in excess of 12
2hours in one day shall be compensated at the rate of no less than
3twice the regular rate of pay for an employee. In addition, any
4work in excess of eight hours onbegin delete anyend deletebegin insert theend insert seventh day of a
5workweek shall be compensated at the rate of no
less than twice
6the regular rate of pay of an employee. Nothing in this section
7requires an employer to combine more than one rate of overtime
8compensation in order to calculate the amount to be paid to an
9employee for any hour of overtime work. The requirements of this
10sectionbegin delete doend deletebegin insert shallend insert not apply to the payment of overtime compensation
11to an employee working pursuant to any of the following:
12(1) An alternative workweek schedule adopted pursuant to
13Section 511.
14(2) An alternative workweek schedule adopted pursuant to a
15collective bargaining agreement pursuant to Section 514.
16(3) An alternative workweek schedule to which this
chapter is
17inapplicable pursuant to Section 554.
18(b) Time spent commuting to and from the first place at which
19an employee’s presence is required by the employer shall not be
20considered to be a part of a day’s work, when the employee
21commutes in a vehicle that is owned, leased, or subsidized by the
22employer and is used for the purpose of ridesharing, as defined in
23Section 522 of the Vehicle Code.
24(c) This sectionbegin delete doesend deletebegin insert shallend insert not affect, change, or limit an
25employer’s liability under the workers’ compensation law.
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