SB 368, as introduced, Berryhill. Employment: work hours.
Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 510 of the Labor Code is amended to
2read:
(a) Eight hours of labor constitutes a day’s work. Any
4work in excess of eight hours in one workday and any work in
5excess of 40 hours in any one workweek and the first eight hours
6worked on the seventh day of work in any one workweek shall be
7compensated at the rate of no less than one and one-half times the
8regular rate of pay for an employee. Any work in excess of 12
9hours in one day shall be compensated at the rate of no less than
10twice the regular rate of pay for an employee. In addition, any
11work in excess of eight hours on any seventh day of a workweek
12shall be compensated at the rate of no less than twice the regular
13rate of pay of an employee. Nothing in this section requires an
P2 1employer to combine more than one rate of overtime compensation
2in order to calculate the amount to be paid to an employee for any
3hour of
overtime work.begin delete The requirements of thisend deletebegin insert Thisend insert sectionbegin delete doend delete
4begin insert doesend insert not apply to the payment of overtime compensation to an
5employee working pursuant to any of the following:
6(1) An alternative workweek schedule adopted pursuant to
7Section 511.
8(2) An alternative workweek schedule adopted pursuant to a
9collective bargaining agreement pursuant to Section 514.
10(3) An alternative workweek schedule to which this chapter is
11inapplicable pursuant to Section 554.
12(b) Time spent commuting to and from the first place at which
13an
employee’s presence is required by the employer shall not be
14considered to be a part of a day’s work, when the employee
15commutes in a vehicle that is owned, leased, or subsidized by the
16employer and is used for the purpose of ridesharing, as defined in
17Section 522 of the Vehicle Code.
18(c) This section does not affect, change, or limit an employer’s
19liability under the workers’ compensation law.
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