Today's Law As Amended


PDF |Add To My Favorites | print page

AB-3196 Small business regulation: COVID-19 pandemic: employment: work hours: compensation.(2019-2020)



As Amends the Law Today


SECTION 1.
 This act shall be known and may be cited as the Small Business Regulatory Relief Act.

SEC. 2.

 Article 10 (commencing with Section 11365) is added to Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, to read:

Article  10. COVID-19 Pandemic Regulatory Review and Suspension
11365.
 (a) Notwithstanding any law, including, but not limited to, any provision of this chapter, the head of each state agency shall conduct a review of the regulations the state agency has adopted to identify which regulations impose the greatest costs and barriers to small businesses in this state. The state agency shall complete its review by April 1, 2021.
(b) Based on the findings of a review pursuant to subdivision (a), the head of each state agency may temporarily suspend any identified regulation, to the extent consistent with statute, until small businesses recover from the economic impacts of the COVID-19 pandemic.
(c) A state agency shall notify the office of regulations that are suspended pursuant to this article.
(d) A state agency shall post its regulations that are suspended pursuant to this article on its internet website.

SEC. 3.

 Section 510 of the Labor Code is amended to read:

510.
 (a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following:
(1) An alternative workweek schedule adopted pursuant to Section 511.
(2) An employee-selected flexible work schedule adopted pursuant to Section 511.5.
(2) (3)  An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514.
(3) (4)  An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.
(b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code.
(c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law.

SEC. 4.

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

511.5.
 (a) Notwithstanding Section 510 or any other law or order of the Industrial Welfare Commission, and to the extent consistent with federal law, an individual nonexempt employee may work an employee-selected flexible work schedule, without any obligation on the part of the employer to pay an overtime rate of compensation, if the employee requests this schedule and the employer approves the request.
(b) The employer may inform its employees that it is willing to consider employee requests to work an employee-elected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment.
(c) An employee or employer may discontinue an employee-selected flexible work schedule at any time by giving written notice to the other party. The notice shall be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and employee.
(d) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.
(e) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.