BILL NUMBER: SB 435	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Padilla

                        FEBRUARY 21, 2013

   An act to amend Section 226.7 of the Labor Code, relating to
compensation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 435, as amended, Padilla. Compensation: piece-rate workers:
rest and recovery periods.
   Existing law prohibits an employer from requiring an employee to
work during any meal or rest period mandated by an order of the
Industrial Welfare Commission (IWC) and establishes penalties for an
employer's failure to provide a mandated meal or rest period.
Existing law establishes the Division of Labor Standards Enforcement
(DLSE) in the Department of Industrial Relations for the enforcement
of labor laws, including wage claims.
   This bill would make that prohibition applicable to any meal or
rest or recovery period mandated by applicable statute or applicable
regulation, standard, or order of the IWC, the Occupational Safety
and Health Standards Board, or the Division of Occupational Safety
and Health. The bill would require employers to pay employees for any
rest period mandated by law, including any applicable statute or
applicable regulation, standard, or order of the IWC, the board, or
the Division of Occupational Safety and Health, that is not provided.
The bill would require the rate of pay for the rest and recovery
periods of piece-rate workers to be the average piece-rate wage, as
specified. The bill would authorize a piece-rate worker, pursuant to
a civil action or a claim filed with DLSE, to recover his or her
unpaid average piece-rate wage for each rest or recovery period in
which a violation of these provisions occurred. The bill would
provide that it does not apply to an employee whose wages, hours, and
working conditions are covered by a collective bargaining agreement
that expressly addresses rest or recovery periods for employees paid
on a piece-rate basis  , or to employees exempt under specified
law  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 226.7 of the Labor Code is amended to read:
   226.7.  (a) As used in this  section, "piece-rate
  section: 
    (1)     "Piece-rate  basis" means a
method of payment based on units of production earned by an employee
during a work day or a pay period, or any fraction thereof. 
"Unit  
   (2) "Recovery period" means a cooldown period afforded an employee
to prevent heat illness. 
    (3)     "Unit  of production" means
any measurable or quantifiable employee activity that can be assigned
a monetary value for purposes of computing pay for activity
performed by the employee during a work day or pay period or fraction
thereof.
   (b) An employer shall not require any employee to work during any
meal or rest or recovery period mandated pursuant to any applicable
statute, or applicable regulation, standard, or order of the
Industrial Welfare Commission, the Occupational Safety and Health
Standards Board, or the Division of Occupational Safety and Health.
   (c) If an employer fails to provide an employee a meal period or
rest period in accordance with any state law, including, but not
limited to, any applicable statute or applicable regulation,
standard, or order of the Industrial Welfare Commission, the
Occupational Safety and Health Standards Board, or the Division of
Occupational Safety and Health, the employer shall pay the employee
one additional hour of pay at the employee's regular rate of
compensation for each work day that the meal or rest or recovery
period is not provided.
   (d) (1) Rest or recovery periods mandated pursuant to any state
law, including  ,  but not limited to,  a  statute,
or  a  regulation, standard, or order of the Industrial
Welfare Commission, the Occupational Safety and Health Standards
Board, or the Division of Occupational Safety and Health, shall be
counted as hours worked for which there shall be no deduction from
wages. An employee working on a piece-rate basis shall be compensated
for rest periods by being paid his or her average piece-rate wage
during each pay period, or portion of a pay period, in which the
employee was paid on a piece-rate basis.
   (2) Pursuant to a civil action or a claim filed with the Division
of Labor Standards Enforcement, an employee working on a piece-rate
basis may recover his or her unpaid average piece-rate wage for each
rest or recovery period in any pay period in which a violation of
this subdivision occurred in addition to any amounts owed pursuant to
subdivision (c).
   (e) This section does not apply to an employee whose wages, hours,
and working conditions are covered by a collective bargaining
agreement that expressly addresses rest or recovery periods for
employees paid on a piece-rate basis. 
   (f) This section does not apply to an employee who is exempt
pursuant to any state law, including, but not limited to, a statute
or a regulation, standard, or order of the Industrial Welfare
Commission.