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SB-41 Meal and rest breaks: airline cabin crew employees.(2023-2024)



Current Version: 03/23/23 - Chaptered

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SB41:v94#DOCUMENT

Senate Bill No. 41
CHAPTER 2

An act to add Section 512.2 to the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  March 23, 2023. Filed with Secretary of State  March 23, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 41, Cortese. Meal and rest breaks: airline cabin crew employees.
Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.
Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively.
This bill would provide that the above-described meal and rest period requirements do not apply to an airline cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for airline cabin crew employees, as specified, or, if the employee is represented by a labor organization pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would prohibit a person, commencing December 5, 2022, from filing a new legal action brought by or on behalf of an employee covered by a valid collective bargaining agreement, as specified, asserting claims of alleged meal or rest break violations. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by an airline cabin crew employee based on a claim of a meal or rest break violation.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 512.2 is added to the Labor Code, to read:

512.2.
 (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to an airline cabin crew employee if the employee meets either of the following conditions:
(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains any provision addressing meal and rest periods for airline cabin crew employees.
(2) The employee is part of a craft or class of employees that is represented by a labor organization pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1). This paragraph shall apply for the first 12 months that the craft or class of employees is represented by a labor organization and may apply for longer than the first 12 months only if agreed upon in writing by the employer and the labor organization representing the employee’s craft or class.
(b) For purposes of this section, a collective bargaining agreement “contains any provision addressing meal and rest periods” if the agreement contains any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.
(c) Notwithstanding any other law, commencing December 5, 2022, a person shall not file a new legal action by or on behalf of a person covered by a collective bargaining agreement meeting the requirements of paragraph (1) of subdivision (a) asserting a claim for alleged meal or rest break violations.
(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by an airline cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.