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AB-124 Meal and rest periods.(2007-2008)

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Enrolled  September 19, 2007
Passed  IN  Senate  September 07, 2007
Passed  IN  Assembly  September 11, 2007
Amended  IN  Senate  August 21, 2007
Amended  IN  Senate  July 20, 2007
Amended  IN  Assembly  June 01, 2007
Amended  IN  Assembly  May 08, 2007
Amended  IN  Assembly  March 22, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 124

Introduced  by  Assembly Member Price
 (Coauthor(s): Assembly Member Beall, Dymally, Krekorian)
 (Coauthor(s): Senator Kuehl)

January 10, 2007

An act to add Section 226.75 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 124, Price. Meal and rest periods.
Existing law authorizes the Industrial Welfare Commission to adopt orders respecting wages, hours, and working conditions.
Existing law also prohibits an employer from requiring an employee to work during a meal or rest period mandated by the commission. Any employer that requires an employee to work during a meal or rest period mandated by an order of the commission is required to pay the employee one hour’s pay for each workday that the meal or rest period is not provided.
This bill would extend the protections afforded to employees covered by an order of the commission to pool lifeguards and stage assistants who are employed by a city, county, or special district, to the extent not in conflict with the provisions of a memorandum of understanding reached between an employer and a recognized employee organization.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 226.75 is added to the Labor Code, to read:

226.75.
 (a) Pool lifeguards and stage assistants employed by any city, county, or special district, shall not be required by their employer to work during any meal or rest period required for nonexempt employees by Section 512 or by an order of the Industrial Welfare Commission.
(b) If an employer fails to provide an employee a meal or rest period in accordance with subdivision (a), the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period is not provided.
(c) If any provision of this section is in conflict with the provisions of a memorandum of understanding reached between an employer and a recognized employee organization, the memorandum of understanding shall be controlling without further legislative action.