BILL NUMBER: SB 1121 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 3, 2010
PASSED THE ASSEMBLY JULY 1, 2010
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, 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.
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 do not apply to cases of emergency
or to work performed in the protection of life or property from loss
or destruction, or to any common carrier engaged in or connected with
the movement of trains. 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.