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AB-2176 Employment: meal periods.(2011-2012)

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AB2176:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2176


Introduced  by  Assembly Member Logue, Bill Berryhill
(Coauthor(s): Senator La Malfa)

February 23, 2012


An act to amend Section 512 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2176, as amended, Logue. Employment: meal periods.
Existing law requires an employer to provide a meal period or periods to an employee who works a specified number of hours in a shift. The meal periods may be waived by mutual consent under specified circumstances. Existing law provides exemptions from these requirements for specified occupations and employees covered by collective bargaining agreements.
This bill, in addition, would provide an exemption from the meal period requirements for commercial drivers operating a vehicle that is required to display placards pursuant to a specified statute.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 512 of the Labor Code is amended to read:

512.
 (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare Commission may adopt a working condition order permitting a meal period to commence after six hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale baking industry who is subject to an Industrial Welfare Commission wage order and who is covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five 7-hour days, payment of one and one-half times the regular rate of pay for time worked in excess of seven hours per day, and a rest period of not less than 10 minutes every two hours.
(d) If an employee in the motion picture industry or the broadcasting industry, as those industries are defined in Industrial Welfare Commission Wage Order Numbers 11 and 12, is covered by a valid collective bargaining agreement that provides for meal periods and includes a monetary remedy if the employee does not receive a meal period required by the agreement, then the terms, conditions, and remedies of the agreement pertaining to meal periods apply in lieu of the applicable provisions pertaining to meal periods of subdivision (a) of this section, Section 226.7, and Industrial Welfare Commission Wage Order Numbers 11 and 12.
(e) Subdivisions (a) and (b) do not apply to an employee specified in subdivision (f) if both of the following conditions are satisfied:
(1) The employee is covered by a valid collective bargaining agreement.
(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(f) Subdivision (e) applies to each of the following employees:
(1) An employee employed in a construction occupation.
(2) An employee employed as a commercial driver.
(3) An employee employed in the security services industry as a security officer who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, and who is employed by a private patrol operator registered pursuant to that chapter.
(4) An employee employed by an electrical corporation, a gas corporation, or a local publicly owned electric utility.
(g) Subdivisions (a) and (b) do not apply to a commercial driver operating a motor vehicle that is required to display placards pursuant to Section 27903 of the Vehicle Code who has a commercial driver’s license and endorsements, as required by Sections 15275 and 15278 of the Vehicle Code.
(h) The following definitions apply for the purposes of this section:
(1) “Commercial driver” means an employee who operates a vehicle described in Section 260 or 462 of, or subdivision (b) of Section 15210 of, the Vehicle Code.
(2) “Construction occupation” means all job classifications associated with construction by Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, and repair, and any other similar or related occupation or trade.
(3) “Electrical corporation” has the same meaning as provided set forth in Section 218 of the Public Utilities Code.
(4) “Gas corporation” has the same meaning as provided set forth in Section 222 of the Public Utilities Code.
(5) “Local publicly owned electric utility” has the same meaning as provided set forth in Section 224.3 of the Public Utilities Code.