Amended in Senate January 6, 2014

Senate Bill No. 554

Introduced by Senator Anderson

February 22, 2013

An act to add Section 515.3 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 554, as amended, Anderson. Employment: overtime compensation.

Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law, except as specified, requires compensation for any work in excess of 8 hours in one workday at the rate of no less than 1.5 times the regular rate of pay for an employee, and compensation for any work in excess of 12 hours in one day at twice the regular rate of pay for an employee. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor.

This bill would exempt employees of 24-hour nonmedical out-of-home licensed residential facilities of 15 beds or fewer for the developmentally disabled, elderly, or mentally ill adults from the above-described provisions, and would begin delete authorize overtime pay at specified rates for all hours worked by those employees in excess of 40 or 48 hours in a workweek, or in excess of 16 hours in a workday. The bill would end delete prohibit begin insert those end insert employees from working more than 24 consecutive hours, until the employee receives at least 8 hours of off-duty period, as specified. begin insert The bill would specify that, for these employees, time spent sleeping during the employee’s 24-hour on-duty period shall not be included as hours worked for the purpose of calculating overtime and would require that time to be compensated at the minimum wage. end insert Because a violation of these provision would be a misdemeanor, 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 515.3 is added to the Labor Code, to
read:

515.3.  

Employees of 24-hour nonmedical out-of-home licensed
residential facilities of 15 beds or fewer for the developmentally
disabled, elderly, or mentally ill adults may begin insert work the following
hours or schedule end insert , without violating any provision of this chapter
or any applicable order of the begin delete commission, be compensated as
follows: end delete begin insert commission: end insert

begin delete

(a) An employee who works in excess of 40 hours in a
workweek shall be compensated at one and one-half times the
employee’s regular rate of pay for all hours over 40 hours in the
workweek.

(b) An employee shall be compensated at two times the
employee’s regular rate of pay for all hours in excess of 48 hours
in the workweek.

(c) An employee shall be compensated at two times the
employee’s regular rate of pay for all hours in excess of 16 in a
workday.

(d)

end delete

begin insert (a) end insert  An employee begin delete may end delete begin insert shall end insert not work more than 24 consecutive
hours until the employee receives not less than eight consecutive
hours off-duty immediately following the 24 consecutive hours of
work. begin delete Time end delete

begin insert (b) end insert begin insert   end insert begin insert Time end insert spent sleeping begin insert during the employee’s 24-hour on-duty
period end insert shall not be included as hours worked begin insert for the purpose of
calculating overtime. Time spent sleeping shall be compensated
at the minimum wage end insert .

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.