BILL NUMBER: AB 569 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2009
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 An act to amend Section 512 of the Labor
Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 569, as amended, Emmerson. Meal periods: exemptions.
Existing law prohibits, subject to certain exceptions, 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 Industrial Welfare 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 .
This bill would exempt from this prohibition
these provisions construction employees and
commercial drivers in the transportation industry
who are covered by a valid collective bargaining agreement containing
specified terms, and would instead apply the
including 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 and It would
specify that its provisions pertaining to the transportation
industry do not affect the requirements for meal periods
for employees or employers in industries other than
commercial drivers in that industry subject to a collective
bargaining agreement those described in the bill
.
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
7-hour days, payment of 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 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 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.
(e) Subdivisions (a) and (b) do not apply to an employee employed
in the construction industry or to an employee employed as a
commercial driver in the transportation industry if both of the
following conditions are satisfied:
(1) The employee is covered by a valid collective bargaining
agreement.
(2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
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. 3. SEC. 2. Notwithstanding any
other provision of law, Section 512.7
subdivision (e) of Section 512 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
subdivision (e) of Section 512 of the Labor Code
.