BILL NUMBER: AB 1948	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

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 amended, 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:

  SECTION 1.  Section 226.7 of the Labor Code is amended to read:
   226.7.  (a) As used in this section, "recovery period" means a
cooldown period afforded an employee to prevent heat illness.
   (b) An employer shall not require an employee to work during a
meal or rest or recovery period mandated pursuant to an applicable
statute, or 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.
   (c) If an employer fails to provide an employee a meal or rest or
recovery period in accordance with a state law, including, but not
limited to, an applicable statute or 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, the employer shall pay the employee 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 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 shall be the entire penalty amount awarded to
the employee for a violation of this section. If an employee recovers
under this subdivision, no civil or criminal penalty shall be
imposed under Section 203, 225,  226,  558, or 2699 of this
code, or under Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code, based on the same
missed meal or rest period.
   (d) A rest or recovery period mandated pursuant to a state law,
including, but not limited to, an applicable statute, or 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, shall be counted as hours worked,
for which there shall be no deduction from wages. This subdivision is
declaratory of existing law.
   (e) This section shall not apply to an employee who is exempt from
meal or rest or recovery period requirements pursuant to other state
laws, including, but not limited to, a statute or regulation,
standard, or order of the Industrial Welfare Commission.
   (f) Payment pursuant to subdivision (c) shall be considered a
penalty for all purposes, including, but not limited to, the statute
of limitations on an action.