Amended in Assembly January 25, 2016

Amended in Assembly June 3, 2015

Amended in Assembly June 2, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 67

Introduced by Assembly Member Gonzalez

(Coauthors: Assembly Members Calderon, Chu, and McCarty)

(Coauthor: Senator Allen)

December 17, 2014

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


AB 67, as amended, Gonzalez. Double Pay on the Holiday Act ofbegin delete 2015.end deletebegin insert 2016.end insert

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 112 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 ofbegin delete 2015end deletebegin insert 2016end insert that would require an employer to pay at least 2 times the regular rate of pay to anbegin delete employee,end deletebegin insert employee at retail and grocery establishments, as defined,end insert except employees in specified categories, for work on a family holiday, 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 511.5 is added to the Labor Code, to



(a) This section shall be known, and may be cited, as
4the Double Pay on the Holiday Act ofbegin delete 2015.end deletebegin insert 2016.end insert

5(b) Any workbegin insert performed at a retail store establishment or a
6grocery store establishmentend insert
on a family holiday shall be
7compensated by the employer at no less than twice the employee’s
8regular rate of pay.

9(c) The provisions of this section are in addition to and
10independent of any other rights, remedies, or procedures available
11under any other law to an aggrieved employee.

12(d) As used in this section:

13(1) “Employee” does not include the following:

14(A) An employee covered by a valid collective bargaining
15agreement if the agreement expressly provides for the wages, hours
16of work, and working conditions of employees, and expressly
17provides for holiday premium pay for those employees, premium
18wage rates for all overtime hours worked, andbegin insert aend insert regular hourly
19rate of pay of not less than 30 percent more than the state minimum

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

25(C) An employee who is employed by an employer who employs
26begin delete 25end deletebegin insert 500end insert or fewer employees.

begin delete

P3    1(D) An employee who is employed as a first responder or
2emergency personnel.

end delete

3(2) “Employer” means any person employing another under
4any arrangement or contract of hire and includes the state, political
5subdivisions of the state, and municipalities.

begin insert

6(3) “Retail store establishment” means a physical store within
7the state with more than 50 percent of its revenue generated from
8merchandise subject to the state’s sales and use tax, including,
9but not limited to, electronics, appliances, clothing, furniture,
10sporting goods, health and personal products, or a limited line of
11food products for onsite consumption. A “retail store
12establishment” does not include a store located in a hotel,
13amusement park, or movie theater.

end insert
begin insert

14(4) “Grocery store establishment” means a physical store within
15the state that sells primarily household foodstuffs for offsite
16consumption, including, but not limited to, the sale of fresh
17produce, meats, poultry, fish, deli products, dairy products, canned
18foods, dry foods, beverages, and baked or prepared foods. Other
19household supplies or products are secondary to the primary
20purpose of food sales.

end insert
begin delete

4 21(3)

end delete

22begin insert(5)end insert “Family holiday” means the fourth Thursday of November
23of each year.


SEC. 2.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California