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AB-1404 Working hours: flexible schedule.(2001-2002)

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AB1404:v98#DOCUMENT

Amended  IN  Assembly  January 07, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 1404

Introduced  by  Assembly Member Cox
 (Principal Coauthor(s): Senator Oller)
 (Coauthor(s): Assembly Member Leslie, Zettel)

February 23, 2001

An act to add Section 511.5 to the Labor Code, relating to working hours.


LEGISLATIVE COUNSEL'S DIGEST


AB 1404, as amended, Cox. Working hours: flexible schedule.
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 authorizes the adoption by 2/3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek.
This bill would permit exempt an individual employee of a licensed home health agency or a licensed hospice the home care industry, as defined, from the alternative workweek and would permit the employee to, with the consent of his or her employer, adopt an alternative week schedule providing for workdays up to 12 hours within a 40-hour workweek, so long as the employee is guaranteed a base salary with no set workweek.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 511.5 is added to the Labor Code, to read:

511.5.
 An (a) Notwithstanding Section 511, an employee of a licensed home health agency or a hospice, as defined by subdivision (a) of Section 1727 and subdivision (b) of Section 1746 of the Health and Safety Code, respectively, shall be exempt from the requirements of Section 511 for the establishment of an alternative workweek and may, with the consent of his or her employer, adopt an alternative workweek that authorizes work not to exceed 12 hours per day within a 40-hour workweek, provided that the employee is guaranteed a base salary.
the home care industry shall not be required to adopt an alternative workweek and may, with the consent of his or her employer, work up to 12 hours per day within a 40-hour workweek with no set workweek.
(b) As used in this section, “employee of the home care industry” includes the following:
(1) An employee of a home health agency as defined in subdivision (a) of Section 1727 of the Health and Safety Code.
(2) A home care aide, defined as a person providing personal care or homemaking services to a child or adult who, by reason of advanced age, physical disability, or mental deficiency, needs assistance or supervision.
(3) An employee providing therapeutic services pursuant to Section 1727.1 of the Health and Safety Code.
(4) An employee of a hospice as defined by subdivision (b) of Section 1746 of the Health and Safety Code.
(5) An employee of a home medical device retail facility as defined in Section 109948 of the Health and Safety Code.
(6) An employee of a home infusion pharmacy that provides pharmaceuticals and related services, including enteral or parenteral nutrition, pain management, antibiotics, or chemotherapy.