BILL NUMBER: SB 665 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2009
INTRODUCED BY Senator Cedillo
FEBRUARY 27, 2009
An act to amend Section 512 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 665, as amended, Cedillo. Employment: meal periods.
Existing law requires an employer to provide its employees with a
meal period of not less than 30 minutes after working more than 5
hours per day and a 2nd meal period of the same duration after
working more than 10 hours per day. Under existing law, these meal
periods may be waived under certain conditions by mutual consent of
the employer and employee. Existing law makes a violation of these
provisions a misdemeanor.
This bill would allow an employer of a registered security officer
to provide on-duty meal periods instead if the officer is covered by
a valid collective bargaining agreement containing specified terms
or has a written on-duty meal period agreement with his or her
employer containing specified terms.
Because the bill would make these on-duty meal provisions subject
to specified terms, the violation of which would be a crime, it 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 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) Notwithstanding subdivisions (a) and (b), on-duty meal periods
for which full compensation is provided to the employee are
permitted for a security officer registered pursuant to , and
employed by a private patrol operator who is registered pursuant to,
Chapter 11.5 (commencing with Section 7580) of Division 3 of
the Business and Professions Code to whom either of the
following is applicable: paragraph (1) or (2) is
applicable. This subdivision does not apply to an armored vehicle
guard employed by an armored contract carrier.
(1) The security officer is covered by a valid collective
bargaining agreement and the 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 not less than 30 percent more than
the state minimum wage.
(2) The security officer and his or her employer have entered into
a written on-duty meal period agreement that complies with all of
the following:
(A) The security officer is provided the opportunity to take a
compensated, 30-minutes 30-minute
on-duty meal period during each work period of five or more
hours in lieu of an unpaid, 30-minute off-duty meal period
during the same work period .
(B) If the security officer works 10 or more hours in one work
period, the security officer may take a second, compensated on-duty
meal period under the same conditions as the first on-duty meal
period.
(C) The security officer receives full compensation for on-duty
meal periods.
(D) The security officer voluntarily entered into the written
on-duty meal period agreement.
(E) The written agreement states that the security officer may
revoke the agreement in writing at any time.
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.