BILL NUMBER: AB 569	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 25, 2009

   An act to add Section 512.7 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 569, as introduced, Emmerson. Meal periods: transportation
industry.
   Existing law prohibits an employer from requiring an employee to
work during any meal or rest period mandated by an order of the
Industrial Welfare Commission and establishes penalties for an
employer's failure to provide a mandated meal or rest period.
   This bill would permit parties in the transportation industry,
under a valid collective bargaining agreement, to establish an
off-duty meal period that commences after not more than 6 hours of
work and the circumstances for on-duty meals by commercial drivers,
if the collective bargaining agreement also provides for a premium
rate for overtime hours and a specified regular hourly rate.
   The bill would provide that it does not affect the requirements
for meal periods for employees other than commercial drivers in the
transportation industry subject to a collective bargaining agreement.

   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 512.7 is added to the Labor Code, to read:
   512.7.  (a) In the transportation industry, the parties to a valid
collective bargaining agreement covering commercial drivers may
establish, by the express terms of that agreement, the following:
   (1) An off-duty meal period that commences after not more than six
hours of work.
   (2) The circumstances under which commercial drivers may qualify
for an on-duty meal period.
   (b) Except as to terms that the parties establish pursuant to
subdivision (a), employers in the transportation industry shall
provide off-duty and on-duty meal periods in accordance with Section
512 and the applicable provisions of Wage Order Number 9 of the
Industrial Welfare Commission.
   (c) This section applies only if the collective bargaining
agreement covering commercial drivers provides for premium wage rates
for all overtime hours worked and a regular hourly rate of pay for
commercial drivers that is at least 30 percent higher than the state
minimum wage.
  SEC. 2.  Notwithstanding any other provision of law, Section 512.7
of the Labor Code does not affect the nature or scope of the law
related to meal periods, including the timing of commencement of a
meal period, for employees or employers not specifically covered by
Section 512.7.