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

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Date Published: 02/15/2018 09:00 PM
SB1188:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1188


Introduced by Senator Stone

February 15, 2018


An act to amend Section 1454 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1188, as introduced, Stone. Domestic workers: overtime: sleep hours.
Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. Existing law makes violations of certain of these provisions a misdemeanor.
Existing law, the Domestic Worker Bill of Rights, prohibits a domestic worker from being employed more than 9 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 9 hours in any workday and for all hours worked more than 45 hours in the workweek.
This bill would authorize that a domestic work employee who is a live-in employee or is required to be on duty for 24 or more consecutive hours, to enter into a written agreement with his or her employer to exclude a sleeping period, as described, of not more than 8 hours from the employee’s working hours, provided that certain conditions are met. In the absence of an agreement, the bill would require the regularly scheduled sleeping period to count as hours worked. The bill would prohibit an employer from terminating a domestic work employee for failing to enter into such an agreement and would provide that these provisions do not apply to a domestic work employee who works fewer than 24 consecutive hours.
Because the violation of certain wage and overtime provisions are a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


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.