BILL NUMBER: AB 569 CHAPTERED
BILL TEXT
CHAPTER 662
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN SENATE MAY 25, 2010
AMENDED IN SENATE SEPTEMBER 11, 2009
AMENDED IN SENATE SEPTEMBER 10, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JULY 1, 2009
AMENDED IN ASSEMBLY APRIL 27, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 25, 2009
An act to amend Section 512 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 569, Emmerson. Meal periods: exemptions.
Existing law prohibits, subject to certain exceptions, an employer
from requiring an employee to work more than 5 hours per day without
providing a meal period and, notwithstanding that provision,
authorizes the Industrial Welfare Commission to adopt a working
condition order permitting a meal period to commence after 6 hours of
work if the order is consistent with the health and welfare of
affected employees.
This bill would exempt from these provisions employees in a
construction occupation, commercial drivers, employees in the
security services industry employed as security officers, and
employees of electrical and gas corporations or local publicly owned
electric utilities, as defined, if those employees are covered by a
valid collective bargaining agreement containing specified terms,
including meal period provisions. It would specify that its
provisions do not affect the requirements for meal periods for
certain other employees or employers.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 512 of the Labor Code is amended to read:
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with
a meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
(c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
(d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
(e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) 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 meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal 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.
(f) Subdivision (e) applies to each of the following employees:
(1) An employee employed in a construction occupation.
(2) An employee employed as a commercial driver.
(3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
(4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
(g) The following definitions apply for the purposes of this
section:
(1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
(2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
(3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
(4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
(5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.
SEC. 2. Notwithstanding any other provision of law, paragraphs (1)
and (2) of subdivision (e) of Section 512 of the Labor Code do not
affect the nature or scope of the law related to meal periods,
including the timing of commencement of a meal period, for employees
or employers not specifically covered by paragraphs (1) and (2) of
subdivision (e) of Section 512 of the Labor Code.
SEC. 3. Notwithstanding any other provision of law, including
applicable Industrial Welfare Commission orders, the addition of
paragraph (3) of subdivision (f) to Section 512 of the Labor Code
made by this act does not affect the nature or scope of the law
relating to meal periods for security officers who are not covered by
a valid collective bargaining agreement.