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SB-1404 Pharmacists: exemption from overtime regulations.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
SB1404:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1404


Introduced by Senator Stone

February 16, 2018


An act to amend Section 1186 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1404, as introduced, Stone. Pharmacists: exemption from overtime regulations.
Existing law generally requires an employee to be paid an overtime rate of compensation for work in excess of 8 hours per day. Existing wage orders of the Industrial Welfare Commission exempt persons employed in an administrative, executive, or professional capacity from that requirement, among other things. Existing law provides that a person employed in the practice of pharmacy is not exempt from coverage under any provision of the wage orders of the commission, unless he or she individually meets the criteria established for exemption as executive or administrative employees. Existing law also provides that no person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the commission established for professional employees.
This bill would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1186 of the Labor Code is amended to read:

1186.
 (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.
(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.