Amended in Assembly September 4, 2015

Amended in Senate April 22, 2015

Amended in Senate April 6, 2015

Senate BillNo. 327


Introduced by Senatorbegin delete Hallend deletebegin insert Hernandezend insert

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(Principal coauthor: Assembly Member Low)

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February 23, 2015


begin delete An act to amend Section 25500.1 of, and to repeal Section 25502.1 of, the Business and Professions Code, relating to alcoholic beverages. end deletebegin insertAn act to amend Section 516 of the Labor Code, relating to private employment.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 327, as amended, begin deleteHallend delete begin insertHernandezend insert. begin deleteAlcoholic beverages: licensees: tied-house restrictions. end deletebegin insertIndustrial Welfare Commission: wage orders: meal periods.end insert

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Existing law provides it is the continuing duty of the Industrial Welfare Commission to ascertain the wages paid to all employees in this state, to ascertain the hours and conditions of labor and employment in the various occupations, trades, and industries in which employees are employed in this state, and to investigate the health, safety, and welfare of those employees. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for enforcement of labor laws, including orders of the commission. Existing law, subject to certain exceptions, prohibits an employer from requiring an employee to work more than 5 hours per day without providing a meal period and, notwithstanding that provision, authorizes the commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if the order is consistent with the health and welfare of affected employees. Existing law, except as provided in that described meal period provision, authorizes the commission to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in California consistent with the health and welfare of those workers. Existing law requires the commission, by July 1, 2000, to adopt wage, hours, and working conditions orders necessary to ensure fairness in the establishment of employee workweek schedules. Existing law further requires the commission, by July 1, 2000, to conduct reviews of wages, hours, and working conditions in specified industries and to adopt or modify regulations necessary to protect the health, safety, and welfare of workers in those industries. Existing wage orders of the commission provide that employees in the health care industry who work shifts in excess of 8 total hours in a workday may voluntarily waive their right to 1 of their 2 meal periods in a prescribed manner. 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 applicable regulation, standard, or order of the commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, and establishes penalties for an employer’s failure to provide a mandated meal or rest or recovery period.

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This bill would provide that the health care employee meal period waiver provisions in those existing wage orders were valid and enforceable on and after October 1, 2000, and continue to be valid and enforceable. The bill would state that the bill is declarative of, and clarifies, existing law.

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Existing law, known as tied-house restrictions, prohibits a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, and wholesaler, and any officer, director, or agent of any of those persons, from having specified relationships with an on-sale and off-sale alcoholic beverage licensee with limited exceptions, and makes a violation of these prohibitions punishable as a misdemeanor.

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Existing law, with certain exceptions, prohibits a manufacturer of alcoholic beverages and a winegrower from paying, crediting, or compensating a retailer for advertising or paying or giving anything of value for the privilege of placing a sign or advertisement with a retail licensee. In this context, existing law specifies that the listing of specified information, including Internet Web site addresses, regarding two or more unaffiliated on-sale or off-sale retailers is not a thing of value or a prohibited inducement, if certain conditions are met.

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This bill would recast those provisions to specify that for off-sale retailers, as with on-sale retailers, the listing of other electronic media does not constitute a thing of value or a prohibited inducement, and would make other changes of a conforming or nonsubstantive nature.

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

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The Legislature finds and declares the following:

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2(a) From 1993 through 2000, Industrial Welfare Commission
3Wage Orders 4 and 5 contained special meal period waiver rules
4for employees in the health care industry. Employees were allowed
5to waive voluntarily one of the two meal periods on shifts exceeding
612 hours. On June 30, 2000, the Industrial Welfare Commission
7adopted regulations allowing those rules to continue in place.
8Since that time, employees in the health care industry and their
9employers have relied on those rules to allow employees to waive
10voluntarily one of their two meal periods on shifts exceeding 12
11hours.

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12(b) Given the uncertainty caused by a recent appellate court
13decision, Gerard v. Orange Coast Memorial Medical Center (2015)
14234 Cal.App.4th 285, without immediate clarification, hospitals
15will alter scheduling practices.

end insert
16begin insert

begin insertSEC. 2.end insert  

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begin insertSection 516 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert

17

516.  

begin insert(a)end insertbegin insertend insert Except as provided in Section 512, the Industrial
18Welfare Commission may adopt or amend working condition
19orders with respect to break periods, meal periods, and days of
20rest for any workers in California consistent with the health and
21welfare of those workers.

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22(b) Notwithstanding subdivision (a), or any other law, including
23Section 512, the health care employee meal period waiver
24provisions in Section 11(D) of Industrial Welfare Commission
25Wage Orders 4 and 5 were valid and enforceable on and after
26October 1, 2000, and continue to be valid and enforceable. This
27subdivision is declarative of, and clarifies, existing law.

end insert
begin deleteP4    1

SECTION 1.  

Section 25500.1 of the Business and Professions
2Code
is amended to read:

3

25500.1.  

(a) The listing of the names, addresses, telephone
4numbers, email addresses, or Internet Web site addresses, or other
5electronic media, of two or more unaffiliated on-sale or off-sale
6retailers selling beer, wine, or distilled spirits produced, distributed,
7or imported by a nonretail industry member in response to a direct
8inquiry from a consumer received by telephone, by mail, by
9electronic inquiry, or in person does not constitute a thing of value
10or prohibited inducement to the listed on-sale or off-sale retailer,
11provided all of the following conditions are met:

12(1) The listing does not also contain the retail price of the
13product.

14(2) The listing is the only reference to the on-sale or off-sale
15retailers in the direct communication.

16(3) The listing does not refer only to one on-sale or off-sale
17retailer or only to on-sale or off-sale retail establishments controlled
18directly or indirectly by the same retailer.

19(4) The listing is made by, or produced by, or paid for,
20exclusively by the nonretail industry member making the response.

21(b) For the purposes of this section, “nonretail industry member”
22is defined as a manufacturer, including, but not limited to, a beer
23manufacturer, winegrower, or distiller of alcoholic beverages or
24an agent of that entity, or a wholesaler, regardless of any other
25licenses held directly or indirectly by that person.

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begin delete26

SEC. 2.  

Section 25502.1 of the Business and Professions Code
27 is repealed.

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