BILL NUMBER: AB 1421	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 27, 2009

   An act to amend Section 510 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1421, as introduced, Swanson. Employment: work hours.
   Under existing law, 8 hours of labor constitutes a workday.
Existing law provides that time spent commuting to and from the first
place at which an employee's presence is required by the employer is
not part of a workday when the employee commutes in a vehicle that
is owned, leased, or subsidized by the employer and is used for
ridesharing.
   This bill would provide that time spent in transit on a
facility-provided conveyance from a remote employee parking location
to and from the place at which an employee's presence is required by
the employer shall be considered to be part of a workday when the
employee is employed at an airport, amusement park, sports venue, or
entertainment venue.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 510 of the Labor Code is amended to read:
   510.  (a) Eight hours of labor constitutes a day's work. 
Any work   Work  in excess of eight hours in one
workday and  any  work in excess of 40 hours in
 any  one workweek and the first eight hours worked
on the seventh day of work in  any  one workweek
shall be compensated at the rate of no less than one and one-half
times the regular rate of pay for an employee.  Any work
  Work  in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition,  any  work in excess
of eight hours on  any   a  seventh day of
a workweek shall be compensated at the rate of no less than twice the
regular rate of pay of an employee. Nothing in this section requires
an employer to combine more than one rate of overtime compensation
in order to calculate the amount to be paid to an employee for
 any   an  hour of overtime work. The
requirements of this section do not apply to the payment of overtime
compensation to an employee working pursuant to any of the following:

   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) 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. 
   (c) Time spent in transit on a facility-provided conveyance from a
remote employee parking location to and from the place at which an
employee's presence is required by the employer shall be considered
to be part of a day's work when the employee is employed at an
airport, amusement park, sports venue, or entertainment venue. 

   (c) 
    (d)  This section does not affect, change, or limit an
employer's liability under the workers' compensation law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.