BILL NUMBER: AB 1466	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 27, 2009

   An act to amend Section 204 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1466, as introduced, Bass. Employee wages.
   Existing law requires that employers pay wages to their employees,
twice per calendar month, on days designated in advance as regular
paydays. However, employees defined as executive, administrative, or
professional may be paid once per month.
   This bill would make a nonsubstantive change to this provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 204 of the Labor Code is amended to read:
   204.  (a) All wages, other than those mentioned in Section 201,
201.3, 202, 204.1, or 204.2, earned by any person in any employment
are due and payable twice during each calendar month, on days
designated in advance by the employer as the regular paydays. Labor
performed between the 1st and 15th days, inclusive, of any calendar
month shall be paid for between the 16th and the 26th day of the
month during which the labor was performed, and labor performed
between the 16th and the last day, inclusive, of any calendar month,
shall be paid for between the 1st and 10th day of the following
month. However, salaries of executive, administrative, and
professional employees of employers covered by the Fair Labor
Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair
Labor Standards Act, as amended through March 1, 1969, in Part 541 of
Title 29 of the Code of Federal Regulations, as that part now reads
or may be amended to read at any time hereafter, may be paid once a
month on or before the 26th day of the month during which the labor
was performed if the entire month's salaries, including the unearned
portion between the date of payment and the last day of the month,
are paid at that time.
   (b) (1) Notwithstanding any other provision of this section, all
wages earned for labor in excess of the normal work period shall be
paid no later than the payday for the next regular payroll period.
   (2) An employer is in compliance with the requirements of
subdivision (a) of Section 226 relating to total hours worked by the
employee, if  the  hours worked in excess of the normal work
period during the current pay period are itemized as corrections on
the paystub for the next regular pay period. Any corrections set out
in a subsequently issued paystub shall state the inclusive dates of
the pay period for which the employer is correcting its initial
report of hours worked.
   (c) However, when employees are covered by a collective bargaining
agreement that provides different pay arrangements, those
arrangements shall apply to the covered employees.
   (d) The requirements of this section shall be deemed satisfied by
the payment of wages for weekly, biweekly, or semimonthly payroll if
the wages are paid not more than seven calendar days following the
close of the payroll period.