California Legislature—2015–16 Regular Session

Assembly BillNo. 1948


Introduced by Assembly Member Wagner

February 12, 2016


An act to amend Section 226.7 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1948, as introduced, Wagner. Compensation: meal and rest or recovery periods.

Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated by an applicable statute, or an applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health and establishes as a penalty for an employer’s failure to provide a mandated meal or rest or recovery period the payment by the employer to the employee of one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.

This bill would make that penalty the entire penalty amount to be awarded to an employee for a violation of that prohibition. The bill would prohibit the imposition of civil or criminal penalties under specific statutes if an employee recovers under these provisions, based on the same missed meal or rest period. The bill would require payment pursuant to these provisions to be considered a penalty for all purposes, including, but not limited to, the statute of limitations on an action.

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

The people of the State of California do enact as follows:

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SECTION 1.  

Section 226.7 of the Labor Code is amended to
2read:

3

226.7.  

(a) As used in this section, “recovery period” means a
4cooldown period afforded an employee to prevent heat illness.

5(b) An employer shall not require an employee to work during
6a meal or rest or recovery period mandated pursuant to an
7applicable statute, or applicable regulation, standard, or order of
8the Industrial Welfare Commission, the Occupational Safety and
9Health Standards Board, or the Division of Occupational Safety
10and Health.

11(c) If an employer fails to provide an employee a meal or rest
12or recovery period in accordance with a state law, including, but
13not limited to, an applicable statute or applicable regulation,
14standard, or order of the Industrial Welfare Commission, the
15Occupational Safety and Health Standards Board, or the Division
16of Occupational Safety and Health, the employer shall pay the
17employee one additional hour of pay at the employee’s regular
18rate of compensation for each workday that the meal or rest or
19recovery period is not provided.begin insert This additional hour of pay at the
20employee’s regular rate of compensation for each workday that
21the meal or rest or recovery period is not provided shall be the
22entire penalty amount awarded to the employee for a violation of
23this section. If an employee recovers under this subdivision, no
24civil or criminal penalty shall be imposed under Section 203, 225,
25558, or 2699 of this code, or under Chapter 5 (commencing with
26Section 17200) of Part 2 of Division 7 of the Business and
27Professions Code, based on the same missed meal or rest period.end insert

28(d) A rest or recovery period mandated pursuant to a state law,
29including, but not limited to, an applicable statute, or applicable
30regulation, standard, or order of the Industrial Welfare
31Commission, the Occupational Safety and Health Standards Board,
32or the Division of Occupational Safety and Health, shall be counted
33as hours worked, for which there shall be no deduction from wages.
34This subdivision is declaratory of existing law.

35(e) This section shall not apply to an employee who is exempt
36from meal or rest or recovery period requirements pursuant to
37other state laws, including, but not limited to, a statute or
P3    1regulation, standard, or order of the Industrial Welfare
2Commission.

begin insert

3(f) Payment pursuant to subdivision (c) shall be considered a
4penalty for all purposes, including, but not limited to, the statute
5of limitations on an action.

end insert


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