BILL NUMBER: SB 435	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2013
	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: meal and rest 
and   or  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 to  any
  a  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
exempt specified   employees from the prohibition.  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 each  work
day   workday  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, "recovery period" means a
cooldown period afforded an employee to prevent heat illness.
   (b) An employer shall not require  any   an
 employee to work during  any   a 
meal or rest or recovery period mandated pursuant to  any
  an  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 or rest or
recovery period in accordance with  any   a
 state law, including, but not limited to,  any
  an  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) This section shall not apply to an employee who is exempt from
meal or rest or recovery period requirements pursuant to other state
laws, including, but not limited to, a statute or regulation,
standard, or order of the Industrial Welfare Commission.