BILL NUMBER: SB 1121	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 18, 2010

   An act to amend Section 554 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1121, as introduced, Florez. Overtime wages: agricultural
workers.
   Existing law sets wage and hour requirements for employees and
requires an employer to pay overtime wages as specified to an
employee who works in excess of a workday or workweek, as defined.
Existing law exempts agricultural employees from these requirements.
   This bill would remove the exemption for agricultural employees.
   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 554 of the Labor Code is amended to read:
   554.  (a) Sections 551 and 552  shall   do
 not apply to  any  cases of emergency 
nor   or  to work performed in the protection of
life or property from loss or destruction,  nor 
 or  to any common carrier engaged in or connected with the
movement of trains.  This chapter, with the exception of
Section 558, shall not apply to any person employed in an
agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. 
Nothing in this chapter shall be construed to prevent an accumulation
of days of rest when the nature of the employment reasonably
requires that the employee work seven or more consecutive days, if in
each calendar month the employee receives days of rest equivalent to
one day's rest in seven. The requirement respecting the equivalent
of one day's rest in seven shall apply, notwithstanding the other
provisions of this chapter relating to collective bargaining
agreements, where the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement respecting the hours of work of the employees,
unless the agreement expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.