BILL NUMBER: SB 435	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	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:   meal and  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  
an employer  to pay  employees   an
employee,  for any  meal or  rest  or recovery
 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.   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. The bill
would define "recovery period" for those purposes. 
   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:  
section, "recovery period" means a cooldown period afforded an
employee to prevent heat illness.  
   (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.  
   (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  or recovery  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 workday 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.