BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 27, 2009
An act to amend Section 512 of the Labor Code, relating to
security officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Hayashi. Security officers: meal periods.
The Private Security Services Act provides for the licensure and
regulation of private patrol operators by the Bureau of Security and
Investigative Services in the Department of Consumer Affairs. Under
existing law, security guards and street patrolpersons are employed
by private patrol operators to perform specified functions.
Existing law, except as specified, prohibits an employer from
employing an employee for a work period of more than 5 hours per day
without providing the employee with a meal period of not less than 30
minutes. Existing law, except as specified, also prohibits an
employer from employing an employee for a work period of more than 10
hours per day without providing the employee with a 2nd meal period
of not less than 30 minutes.
This bill would require that provide that
the above prohibitions regarding meal periods do not apply to a
registered security officer who is employed by a registered private
patrol operator be permitted to take on-duty meal periods
for which full compensation is provided if (1)
the security officer is covered by a valid collective
bargaining agreement containing specified provisions , or
(2) the security officer and his or her employer have voluntarily
entered into a written on-duty meal period agreement that meets
certain conditions .
Vote: majority. Appropriation: no. Fiscal committee: no
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) (1) Notwithstanding subdivisions (a) and (b), a security
(e) Subdivisions (a) and (b) do
not apply to a security officer who is registered pursuant
to Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, and who is employed by a private
patrol operator who is also registered pursuant to that chapter,
may take on-duty meal periods for which full compensation is
provided if either of the following conditions is met:
(A) The
if the security officer is covered by a valid collective
bargaining agreement that expressly provides for the wages, hours of
work, working conditions, and meal periods of employees, final and
binding arbitration of disputes concerning the application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay that is not less than 30
percent more than the state minimum wage.
(B) The security officer and his or her employer have voluntarily
entered into a written on-duty meal period agreement that does all of
the following:
(i) Permits the security officer to take a compensated, 30-minute,
on-duty meal period during each work period of five hours or more in
lieu of an unpaid, 30-minute, off-duty meal period during the same
work period.
(ii) Permits the security officer to take a second compensated,
on-duty meal period under the same conditions as the first on-duty
meal period if the security officer works for 10 hours or more in one
work period.
(iii) Requires that the security officer receive full compensation
for on-duty meal periods.
(iv) Provides that the security officer may revoke the agreement
in writing at any time.
(2) This subdivision shall not apply to an armored vehicle guard
employed by an armored contract carrier, as those terms are defined
in subdivisions (c) and (d) of Section 7582.1 of the Business and
Professions Code.
SEC. 2. Notwithstanding any other provision of law, the addition
of subdivision (e) to Section 512 of the Labor Code made by this act
does not affect the nature or scope of the law relating to meal
periods, including the timing of the commencement of a meal period,
for employees or employers not covered by that subdivision.