Amended in Assembly June 2, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 67


Introduced by Assembly Member Gonzalez

December 17, 2014


An act to add Section 511.5 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 67, as amended, Gonzalez. Double Pay on the Holiday Act of 2015.

Existing law provides that 8 hours of labor constitutes a day’s work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 1 12 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. A violation of these overtime wage provisions constitutes a crime.

This bill would enact the Double Pay on the Holiday Act of 2015 that would require an employer to pay at least 2 times the regular rate of pay tobegin delete an employeeend deletebegin insert specified employeesend insert for work on a familybegin delete holidayend deletebegin insert holiday,end insert as defined.

Because this bill would expand the definition of a crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 511.5 is added to the Labor Code, to
2read:

3

511.5.  

(a) This section shall be known, and may be cited, as
4the Double Pay on the Holiday Act of 2015.

5(b) Any work on a family holiday shall be compensatedbegin insert by the
6employerend insert
at no less than twice the employee’s regular rate of pay.

7(c) The provisions of this section are in addition to and
8independent of any other rights, remedies, or procedures available
9under any other law to an aggrieved employee.

10(d) As used in this section:

11(1) “Employee” does not includebegin delete an employeeend deletebegin insert the following:end insert

12begin insert(A)end insertbegin insertend insertbegin insertAn employeeend insert covered by a valid collective bargaining
13agreement if the agreement expressly provides for the wages, hours
14of work, and working conditions of employees, and expressly
15provides forbegin delete paid sick days or a paid leave or paid time off policy
16that permits the use of sick days for those employees, final and
17binding arbitration of disputes concerning the application of itsend delete

18 holiday premium paybegin delete provisions,end deletebegin insert for those employees,end insert premium
19wage rates for all overtime hours worked, and regular hourly rate
20of pay of not less than 30 percent more than the state minimum
21wage.

begin insert

22(B) An employee who is exempt from the payment of an overtime
23rate of compensation for executive, administrative, and
24professional employees pursuant to wage orders issued by the
25Industrial Welfare Commission described in Section 515.

end insert

26(2) “Employer” means any person employing another under
27any arrangement or contract of hire and includes the state, political
28subdivisions of the state, and municipalities.

29(3) “Family holiday” meansbegin delete either:end delete

begin delete

30(A) December 25 of each year.

end delete

P3    1begin delete(B)end deletebegin deleteend deletebegin deleteTheend deletebegin insert theend insert fourth Thursday of November of each year.

2

SEC. 2.  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

    98