SB 554, as introduced, Anderson. Employment: overtime compensation.
Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law, except as specified, requires compensation for any work in excess of 8 hours in one workday at the rate of no less than 1.5 times the regular rate of pay for an employee, and compensation for any work in excess of 12 hours in one day at twice the regular rate of pay for an employee. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor.
This bill would exempt employees of 24-hour nonmedical out-of-home licensed residential facilities of 15 beds or fewer for the developmentally disabled, elderly, or mentally ill adults from the above-described provisions, and would authorize overtime pay at specified rates for all hours worked by those employees in excess of 40 or 48 hours in a workweek, or in excess of 16 hours in a workday. The bill would prohibit employees from working more than 24 consecutive hours, until the employee receives at least 8 hours of off-duty period, as specified. Because a violation of these provision would be a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 515.3 is added to the Labor Code, to
2read:
Employees of 24-hour nonmedical out-of-home licensed
4residential facilities of 15 beds or fewer for the developmentally
5disabled, elderly, or mentally ill adults may, without violating any
6provision of this chapter or any applicable order of the commission,
7be compensated as follows:
8(a) An employee who works in excess of 40 hours in a
9workweek shall be compensated at one and one-half times the
10employee’s regular rate of pay for all hours over 40 hours in the
11workweek.
12(b) An employee shall be compensated at two times the
13employee’s regular rate of pay for all hours in excess of 48 hours
14in the workweek.
15(c) An employee shall be compensated
at two times the
16employee’s regular rate of pay for all hours in excess of 16 in a
17workday.
18(d) An employee may not work more than 24 consecutive hours
19until the employee receives not less than eight consecutive hours
20off-duty immediately following the 24 consecutive hours of work.
21Time spent sleeping shall not be included as hours worked.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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