BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 435
                                                                  Page  1

          Date of Hearing:   August 21, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 435 (Padilla) - As Amended:  August 5, 2013 

          Policy Committee:                             Labor and  
          Employment   Vote:                            6-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill extends existing rest period protections to any  
          applicable statute, regulation, or order by the Occupational  
          Safety and Health Standards Board (OSHSB) or the Division of  
          Occupational Safety and Health (Cal/OSHA).   Specifically, this  
          bill:  

          Applies existing rest period protections to an employee's  
          recovery period.  Defines recovery period as a cooldown period  
          afforded to an employee to prevent heat illness.

           FISCAL EFFECT  

          Minor, absorbable fiscal impact to the Department of Industrial  
          Relations, OSHSB, and Cal/OSHA to implement this measure.  

           COMMENTS  

           1)Purpose  .  Current law prohibits an employer from requiring an  
            employee to work during any meal or rest period mandated by  
            the Industrial Welfare Commission (IWC).  If the employer  
            fails to comply with this mandate, he or she is required to  
            pay the employee one additional hour of pay at the regular  
            rate of compensation for each work day this requirement is not  
            met.   

            In 2005, OSHSB promulgated heat-related illness regulations,  
            which establish an additional requirement regarding a rest  
            period applicable to all outdoor places of employment.  Under  
            these regulations, employees are allowed and encouraged to  
            take a cool-down rest in the shade for a period of no less  








                                                                  SB 435
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            than five minutes at a time when they feel the need to do so  
            to protect themselves from overheating.  The regulations are  
            specific as to temperature and the availability of shade and  
            water.     

            According to the author, "The state regulations [on heating  
            illness] require employers to allow and encourage workers to  
            take a rest break in the shade for a period of no less than  
            five minutes in order to cool-down and to protect themselves  
            from overheating.  However, workers often do not take these  
            recovery periods. A 2007 California Rural Legal Assistance  
            survey of more than 1,000?farm workers laboring in the raisin  
            harvest found that more than 70% of workers 'voluntarily'  
            worked through rest periods to avoid losing money."

            This bill extends existing rest period protections to any  
            applicable statute, regulation, or order by OSHSB or Cal/OSHA,  
            including those related to heat illness.

           2)Existing law  establishes the following entities: 

             a)   IWC, which delineates the wages, hours and conditions of  
               labor and employment in the various occupations, trades and  
               industries in which employees are employed in this state.  
               Through its 17 industry specific wage orders, the IWC  
               establishes requirements on hours and days of work, minimum  
               wages, reporting time, and meal and rest periods, among  
               others. While the IWC is currently not in operation due to  
               budget constraints, the DLSE continues to enforce the  
               provisions of the wage orders. 

               Each of the IWC wage orders includes a section on rest  
               period requirements - authorizing non-exempt employees to  
               take a rest period at a rate of ten minutes per four hours  
               or major fraction thereof.  According to the IWC wage  
               orders, authorized rest period time shall be counted as  
               hours worked for which there shall be no deduction from  
               wages.

             b)   Cal/OSHA and OSHSB.  The California Occupational Safety  
               and Health Act of 1973 was enacted to ensure safe and  
               healthful working conditions for all California workers by,  
               among other things, authorizing the enforcement of  
               effective standards as well as assisting and encouraging  
               employers to maintain safe and healthful working  








                                                                  SB 435
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               conditions.  Cal/OSHA is charged with enforcing  
               occupational health and safety laws, orders, and standards,  
               including the investigation of alleged violations of those  
               provisions.  

               OSHSB is a three-member judicial body appointed by the  
               governor and confirmed by the Senate, which handles appeals  
               from private and public-sector employers regarding  
               citations for alleged violations of workplace safety and  
               health laws.

           3)Author's amendment regarding exempt employees  .  As part of the  
            August 5 amendments, a subdivision concerning exempt employees  
            was inadvertently removed from the bill.  The author is  
            requesting to reinstate this language with modifications,  
            which does not alter the committee's fiscal analysis: 

           




           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081