SB 1360, as introduced, Padilla. Compensation: meal and rest or recovery periods.
Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated by an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission (IWC), the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health and establishes penalties for an employer’s failure to provide a mandated meal or rest or recovery period. Existing wage orders of the IWC require that a rest period be counted as hours worked, for which there shall be no deduction from wages.
This bill would provide that a rest or recovery period mandated pursuant to a state law, including, but not limited to, an applicable statute, or applicable regulation, standard, or order of the IWC, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, shall be counted as hours worked, for which there shall be no deduction from wages. The bill would declare that provision to be declaratory of existing law.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 226.7 of the Labor Code is amended to
2read:
(a) As used in this section, “recovery period” means a
4cooldown period afforded an employee to prevent heat illness.
5(b) An employer shall not require an employee to work during
6a meal or rest or recovery period mandated pursuant to an
7applicable statute, or applicable regulation, standard, or order of
8the Industrial Welfare Commission, the Occupational Safety and
9Health Standards Board, or the Division of Occupational Safety
10and Health.
11(c) If an employer fails to provide an employee a meal or rest
12or recovery period in accordance with a state law, including, but
13not limited to, an applicable statute or applicable regulation,
14standard, or order of the Industrial Welfare Commission, the
15Occupational
Safety and Health Standards Board, or the Division
16of Occupational Safety and Health, the employer shall pay the
17employee one additional hour of pay at the employee’s regular
18rate of compensation for each workday that the meal or rest or
19recovery period is not provided.
20(d) A rest or recovery period mandated pursuant to a state law,
21including, but not limited to, an applicable statute, or applicable
22regulation, standard, or order of the Industrial Welfare
23Commission, the Occupational Safety and Health Standards Board,
24or the Division of Occupational Safety and Health, shall be counted
25as hours worked, for which there shall be no deduction from wages.
26This subdivision is declaratory of existing law.
27(d)
end delete
28begin insert(e)end insert This section shall not apply to an employee who is exempt
29from meal or rest or recovery period requirements pursuant to
30other state laws, including, but not limited to, a statute or
31regulation, standard, or order of the Industrial Welfare
32Commission.
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