BILL NUMBER: SB 435	CHAPTERED
	BILL TEXT

	CHAPTER  719
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2013
	APPROVED BY GOVERNOR  OCTOBER 10, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2013
	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, Padilla. Compensation: meal and rest 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 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 workday that the meal or rest or recovery period is not
provided. The bill would define "recovery period" for those purposes.



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 an employee to work during a
meal or rest or recovery period mandated pursuant to 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 a state law, including, but not
limited to, 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.