BILL NUMBER: AB 244	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 10, 2003

INTRODUCED BY   Assembly Member Maze
    (Principal coauthor:  Assembly Member Aghazarian)
    (Coauthors:  Assembly Members Bates, Benoit, Bogh, Campbell,
Cogdill, Cox, Dutton, Haynes, Houston, Pacheco, Plescia, Runner, and
Wyland)
    (Coauthors:  Senators Aanestad, Ashburn, Johnson, Knight,
Margett, Morrow, and Oller) 

                        FEBRUARY 3, 2003

   An act to amend Sections 510, 554, 556, and 1182.1 of, to add
Section 1183.5 to, and to repeal Sections 500, 511,  512, 
513, 514, 515.5, 515.6, and 517 of, the Labor Code, relating to
wages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 244, as amended, Maze.  Wages:  overtime.
   Existing law provides that, except for an employee working an
alternative workweek schedule and for certain occupations, hours
worked in excess of 8 hours a day, in excess of 40 hours a week, and
the first 8 hours worked on a 7th day of work are to be compensated
at a rate at least 11/2 times the regular rate of pay, and hours
worked in excess of 12 hours a day and in excess of 8 hours on the
7th day of work are to be compensated at a rate at least twice the
regular rate of pay.  Employers are subject to civil penalties for
violating these requirements.  The Labor Commissioner is authorized
to issue citations for violations.
   This bill would provide that parties may agree as to the number of
hours that constitute a day's work.  It would remove the requirement
that work in excess of 8 hours a day, in excess of 40 hours a week,
and the first 8 hours on the 7th day of work are to be compensated at
no less than 11/2 times the regular rate of pay, and hours worked in
excess of 12 hours a day and in excess of 8 hours on the 7th day of
work are to be compensated at no less than twice the regular rate of
pay.  The bill would also provide that any employer who intends to
use a flexible scheduling technique, as permitted by an order of the
Industrial Welfare Commission, is required to make full written
disclosure to all employees.
   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  Section 500 of the Labor Code is repealed.
  SEC. 2.  Section 510 of the Labor Code is amended to read:
   510.  Eight hours of labor constitutes a day's workunless it is
otherwise expressly stipulated by the parties to a contract.  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.
   This section does not affect, change, or limit an employer's
liability under the workers' compensation law.
  SEC. 3.  Section 511 of the Labor Code is repealed.
  SEC. 4.  Section 512 of the Labor Code is repealed.
  SEC. 5.  Section 513 of the Labor Code is repealed.
  SEC. 6.  Section 514 of the Labor Code is repealed.
  SEC. 7.  Section 515.5 of the Labor Code is repealed.
  SEC. 8.  Section 515.6 of the Labor Code is repealed.
  SEC. 9.  Section 517 of the Labor Code is repealed.
  SEC. 10.  Section 554 of the Labor Code is amended to read:
   554.  (a)  This chapter shall not apply to any cases of emergency
nor to work performed in the necessary care of animals, crops, or
agricultural lands, nor to work performed in the protection of life
or property from loss or destruction, nor to any common carrier
engaged in or connected with the movement of trains.  Nor shall the
provisions of this chapter apply when the employer and a labor
organization representing employees of the employer have entered into
a valid collective bargaining agreement respecting the hours of work
of the employees.  Nothing in this chapter shall be construed to
prevent an accumulation of days of rest when the nature of the
employment reasonably requires that the employee work seven or more
consecutive days, if in each calendar month the employee receives
days of rest equivalent to one day's rest in seven.  The requirement
respecting the equivalent of one day's rest in seven shall apply,
notwithstanding the other provisions of this chapter relating to
collective bargaining agreements, where the employer and a labor
organization representing employees of the employer have entered into
a valid collective bargaining agreement respecting the hours of work
of the employees, unless the agreement expressly provides otherwise.

   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of this chapter.  Nothing contained
herein shall affect contracts in existence on the effective date of
this amendment.
  SEC. 11.  Section 556 of the Labor Code is amended to read:
   556.   This chapter shall not apply to any employer or employee
when the total hours of employment do not exceed 30 hours in any week
or six hours in any one day thereof.
  SEC. 12.  Section 1182.1 of the Labor Code is amended to read:
   1182.1.  Any action taken by the commission pursuant to Section
1182 shall be published in at least one newspaper in each of the
Cities of Los Angeles, Sacramento, Oakland, San Jose, Fresno, San
Diego, and San Francisco. A summary of the action taken and notice of
where the complete text of the new or amended order may be obtained
may be published in lieu of the complete text when the commission
determines summary and notice will adequately inform the public.  The
statement as to the basis of the order need not be published.
  SEC. 13.  Section 1183.5 is added to the Labor Code, to read:
   1183.5.  (a) Any employer who intends to use a flexible scheduling
technique, as permitted by an order of the Industrial Welfare
Commission, requiring a vote of the affected employees shall make a
full disclosure in writing to each of the affected employees.  The
notice shall include the effects of the proposed scheduling,
including the employees' wages, hours, and benefits.  The employer
shall not be required to distribute the notice to employees on a
leave of absence for any cause.
   (b) Within the health care industry, the disclosure shall include
meetings, duly noticed, for the specific purpose of discussing the
effects of flexible scheduling.
   (c) Failure to comply with this section shall make the election
null and void.