Code Section

Labor Code - LAB

DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5]

  ( Division 2 enacted by Stats. 1937, Ch. 90. )
  

PART 1. COMPENSATION [200 - 452]

  ( Part 1 enacted by Stats. 1937, Ch. 90. )
  

CHAPTER 1. Payment of Wages [200 - 273]

  ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
  

ARTICLE 1. General Occupations [200 - 244]
  ( Article 1 enacted by Stats. 1937, Ch. 90. )

  
226.75.  

(a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.

(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for the rest period that was not provided.

(c) An employer that operates a petroleum facility shall include, as part of the itemized statement that the employer is required to furnish pursuant to subdivision (a) of Section 226, the total hours or pay owed to an employee, as described in subdivision (a), on account of a rest period which was not authorized or permitted for the reasons described in subdivision (b) or any other reason.

(d) For purposes of this section, the following definitions apply:

(1) “Petroleum facilities” means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.

(2) “Safety-sensitive position” means a job in which the employee’s job duties reasonably include responding to emergencies at a petroleum facility.

(3) “Emergency” means a situation or event requiring prompt or immediate intervention to prevent or respond to a disruption in normal operations, which could cause harm to employees, equipment, the environment, or the community.

(e) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.

(f) This section also only applies to an employee specified in subdivision (a) 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 rest periods for those employees, final and binding arbitration of disputes concerning application of its rest 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.

(g) This section shall not apply to existing cases filed before the effective date of this section.

(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

(Added by Stats. 2018, Ch. 584, Sec. 2. (AB 2605) Effective September 20, 2018. Repealed as of January 1, 2021, by its own provisions.)