BILL NUMBER: AB 569 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 25, 2009
An act to amend Section 512 of, and to add Section
512.7 to , the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 569, as amended, Emmerson. Meal periods:
transportation industry exemptions .
Existing law prohibits , subject to certain exceptions,
an employer from requiring an employee to work during any
more than 5 hours per day without providing a
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 exempt from this prohibition
construction employees who are covered by a valid collective
bargaining agreement containing specified terms, and would instead
apply the meal period provisions of that agreement to their
employment. The bill would also 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 rate and would
provide specify that it does
its provisions pertaining to the transportation industry do
not affect the requirements for meal periods for employees
other than commercial drivers in the transportation
that 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 of the Labor
Code is amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
seven-hour 7-hour days, payment of
1 and 1/2 one and one-half
times the regular rate of pay for time worked in excess of
seven hours per day, and a rest period of not less than 10 minutes
every two hours.
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Orders Order Numbers
11 and 12, is covered by a valid collective bargaining
agreement that provides for meal periods and includes a monetary
remedy if the employee does not receive a meal period required by the
agreement, then the terms, conditions, and remedies of the agreement
pertaining to meal periods apply in lieu of the applicable
provisions pertaining to meal periods of subdivision (a) of this
section, Section 226.7, and Industrial Welfare Commission Wage
Orders Order Numbers 11 and 12.
(e) If an employee in a construction occupation, as defined in
Industrial Welfare Commission Wage Order Number 16, is covered by a
valid collective bargaining agreement that regulates off-duty and
on-duty meal periods and includes a monetary remedy if the employee
does not receive a meal period required by the agreement, then the
terms, conditions, and remedies of the agreement pertaining to meal
periods apply in lieu of the applicable provisions pertaining to meal
periods of subdivision (a) of this section, Section 226.7, and
Industrial Welfare Commission Wage Order Number 16.
SECTION 1. SEC. 2. 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. SEC. 3. 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.