Amended in Assembly January 25, 2016

Amended in Assembly June 3, 2015

Amended in Assembly June 2, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 67

Introduced by Assembly Member Gonzalez

(Coauthors: Assembly Members Calderon, Chu, and McCarty)

(Coauthor: Senator Allen)

December 17, 2014

An act to add Section 511.5 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 67, as amended, Gonzalez. Double Pay on the Holiday Act of begin delete 2015. end delete begin insert 2016. end insert

Existing law provides that 8 hours of labor constitutes a day’s work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 11⁄2 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. A violation of these overtime wage provisions constitutes a crime.

This bill would enact the Double Pay on the Holiday Act of begin delete 2015 end delete begin insert 2016 end insert that would require an employer to pay at least 2 times the regular rate of pay to an begin delete employee, end delete begin insert employee at retail and grocery establishments, as defined, end insert except employees in specified categories, for work on a family holiday, as defined.

Because this bill would expand the definition of a crime, it 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 511.5 is added to the Labor Code, to
read:

511.5.  

(a) This section shall be known, and may be cited, as
the Double Pay on the Holiday Act of begin delete 2015. end delete begin insert 2016. end insert

(b) Any work begin insert performed at a retail store establishment or a
grocery store establishment end insert on a family holiday shall be
compensated by the employer at no less than twice the employee’s
regular rate of pay.

(c) The provisions of this section are in addition to and
independent of any other rights, remedies, or procedures available
under any other law to an aggrieved employee.

(d) As used in this section:

(1) “Employee” does not include the following:

(A) An employee covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours
of work, and working conditions of employees, and expressly
provides for holiday premium pay for those employees, premium
wage rates for all overtime hours worked, and begin insert a end insert regular hourly
rate of pay of not less than 30 percent more than the state minimum
wage.

(B) An employee who is exempt from the payment of an
overtime rate of compensation for executive, administrative, and
professional employees pursuant to wage orders issued by the
Industrial Welfare Commission described in Section 515.

(C) An employee who is employed by an employer who employs
begin delete 25 end delete begin insert 500 end insert or fewer employees.

begin delete

(D) An employee who is employed as a first responder or
emergency personnel.

end delete

(2) “Employer” means any person employing another under
any arrangement or contract of hire and includes the state, political
subdivisions of the state, and municipalities.

begin insert

(3) “Retail store establishment” means a physical store within
the state with more than 50 percent of its revenue generated from
merchandise subject to the state’s sales and use tax, including,
but not limited to, electronics, appliances, clothing, furniture,
sporting goods, health and personal products, or a limited line of
food products for onsite consumption. A “retail store
establishment” does not include a store located in a hotel,
amusement park, or movie theater.

end insert begin insert

(4) “Grocery store establishment” means a physical store within
the state that sells primarily household foodstuffs for offsite
consumption, including, but not limited to, the sale of fresh
produce, meats, poultry, fish, deli products, dairy products, canned
foods, dry foods, beverages, and baked or prepared foods. Other
household supplies or products are secondary to the primary
purpose of food sales.

end insert begin delete

(3)

end delete

begin insert (5) end insert  “Family holiday” means the fourth Thursday of November
of each year.

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.