Today's Law As Amended


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SB-1188 Domestic workers: overtime: sleep hours.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 1454 of the Labor Code is amended to read:

1454.
 (a)  A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek.
(b) (1) If a domestic work employee is a live-in employee or is required to be on duty for 24 or more consecutive hours, the domestic work employer and the domestic work employee may agree, in writing, to exclude from hours worked a regularly scheduled sleeping period of not more than eight hours, provided adequate sleeping facilities are provided and the employee can enjoy an uninterrupted night’s sleep.
(2) For the purposes of this section, an uninterrupted night’s sleep consists of at least five hours of sleep during the regularly scheduled sleeping period. If the sleeping period is interrupted by a call to duty, the interruption period shall be counted as hours worked. If the interruption is such that the domestic work employee cannot obtain at least five hours of sleep, the entire regularly scheduled sleeping period shall be counted as hours worked.
(3) If the domestic work employer and the domestic work employee do not agree, in writing, to exclude from hours worked a regularly scheduled sleeping period, the regularly scheduled sleeping period shall be counted as hours worked.
(4) The domestic work employer shall not terminate or otherwise relieve the domestic work employee of his of her duty for failing to agree in writing to exclude from hours worked a regularly scheduled sleeping period.
(5) A domestic work employee who is on duty for less than 24 consecutive hours is not eligible to have any regularly scheduled sleeping periods deducted from his or her hours worked.
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.