BILL NUMBER: SB 554	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 22, 2013

   An act to add Section 515.3 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 515.3 is added to the Labor Code, to read:
   515.3.  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 may, without violating any
provision of this chapter or any applicable order of the commission,
be compensated as follows:
   (a) An employee who works in excess of 40 hours in a workweek
shall be compensated at one and one-half times the employee's regular
rate of pay for all hours over 40 hours in the workweek.
   (b) An employee shall be compensated at two times the employee's
regular rate of pay for all hours in excess of 48 hours in the
workweek.
   (c) An employee shall be compensated at two times the employee's
regular rate of pay for all hours in excess of 16 in a workday.
   (d) An employee may not work more than 24 consecutive hours until
the employee receives not less than eight consecutive hours off-duty
immediately following the 24 consecutive hours of work. Time spent
sleeping shall not be included as hours worked.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.