SB 435,
as amended, Padilla. Compensation: meal and restbegin delete andend deletebegin insert orend insert 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.
This bill would make that prohibition applicable tobegin delete anyend deletebegin insert aend insert 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.begin insert The bill would exempt specified
employees from the prohibition.end insert The bill would require an employer to pay an employee, for any meal or rest or recovery period mandated by law, one additional hour of pay at the employee’s regular rate of compensation for eachbegin delete work dayend deletebegin insert workdayend insert 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 226.7 of the Labor Code is amended to
2read:
(a) As used in this section, “recovery period” means a
4cooldown period afforded an employee to prevent heat illness.
5(b) An employer shall not requirebegin delete anyend deletebegin insert anend insert employee to work
6during begin deleteany end deletebegin inserta end insertmeal or rest or recovery period mandated pursuant
7tobegin delete anyend deletebegin insert
an end insert applicable statute, or applicable regulation, standard, or
8order of the Industrial Welfare Commission, the Occupational
9Safety and Health Standards Board, or the Division of Occupational
10Safety and Health.
11(c) If an employer fails to provide an employee a meal or rest
12or recovery period in accordance withbegin delete anyend deletebegin insert aend insert state law, including,
13but not limited to,begin delete anyend deletebegin insert anend insert applicable statute or applicable
14regulation, standard, or order of the Industrial Welfare
15Commission,
the Occupational Safety and Health Standards Board,
16or the Division of Occupational Safety and Health, the employer
17
shall pay the employee one additional hour of pay at the
18employee’s regular rate of compensation for each workday that
19the meal or rest or recovery period is not provided.
20(d) This section shall not apply to an employee who is exempt
21from meal or rest or recovery period requirements pursuant to
22other state laws, including, but not limited to, a statute or
23regulation, standard, or order of the Industrial Welfare
24Commission.
O
96