BILL NUMBER: AB 795	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 25, 2015

   An act to  amend   add  Section 
510 of   63.5 to  the Labor Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 795, as amended, Low. Employment:  day's work.
  Department of Industrial Relations: wage claims. 

   Existing law establishes the Department of Industrial Relations
to, among other things, enforce labor laws, including wage claims.
 
   This bill would require the department to report to the
Legislature, for each office, the amount of time it takes for all
wage claims to receive a preliminary hearing date.  
   Existing employment regulation law, with certain exceptions,
establishes an 8-hour workday and a 40-hour workweek, and requires
payment of prescribed overtime compensation for additional hours
worked.  
   This bill would make nonsubstantive changes to this provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 63.5 is added to the  
Labor Code   ,  immediately following Section 63 
, to read:  
   63.5.  (a) The Department of Industrial Relations shall report to
the Legislature, for each office, the amount of time it takes for all
wage claims to receive a preliminary hearing date.
   (b) The report to the Legislature pursuant to this sections shall
be submitted in compliance with Section 9795 of the Government Code.
   (c) This section shall become inoperative on January 1, 2020,
pursuant to Section 10231.5 of the Government Code. 
  SECTION 1.    Section 510 of the Labor Code is
amended to read:
   510.  (a) Eight hours of labor constitutes a day's work. Any work
in excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
the seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section shall not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
   (c) This section shall not affect, change, or limit an employer's
liability under the workers' compensation law.