Amended in Senate May 19, 2016

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.

LEGISLATIVE COUNSEL’S DIGEST

AB 67, as amended, Gonzalez. Double Pay on the Holiday Act of 2016.

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 2016 thatend deletebegin insert 2016, whichend insert would require an employer to pay at least 2 times the regular rate of pay tobegin delete an employeeend deletebegin insert employeesend insert at retail and grocerybegin insert storeend insert establishments, as defined, except employees in specified categories, for work on a family holiday, as defined.begin insert The bill would exempt restaurants, except for restaurants located within retail or grocery store establishments, from the act.end insert

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:

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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 2016.

5(b) Any work performed at a retail store establishment or a
6grocery store establishment 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, and a regular hourly
19rate of pay of not less than 30 percent more than the state minimum
20wage.

P3    1(B) An employee who is exempt from the payment of an
2overtime rate of compensation for executive, administrative, and
3professional employees pursuant to wage orders issued by the
4Industrial Welfare Commission described in Section 515.

5(C) An employee who is employed by an employer who employs
6500 or fewer employees.

7(2) “Employer” means any person employing another under
8any arrangement or contract of hire and includes the state, political
9subdivisions of the state, and municipalities.

10(3) “Retail store establishment” means a physical store within
11the state with more than 50 percent of its revenue generated from
12merchandise subject to the state’s sales and usebegin delete tax,end deletebegin insert taxes,end insert
13 including, but not limited to, electronics, appliances, clothing,
14furniture, sporting goods, health and personal products, or a limited
15line of food products for onsite consumption. A “retail store
16establishment” does not include a store located in a hotel,
17amusement park, or moviebegin delete theater.end deletebegin insert theater, or a new motor vehicle
18dealer, as defined in Section 426 of the Vehicle Code.end insert

19(4) “Grocery store establishment” means a physical store within
20the state that sells primarily household foodstuffs for offsite
21consumption, including, but not limited to, the sale of fresh
22produce, meats, poultry, fish, deli products, dairy products, canned
23foods, dry foods, beverages, and baked or prepared foods. Other
24household supplies or products are secondary to the primary
25purpose of food sales.begin insert A “grocery store establishment” does not
26include a store that occupies 5,000 square feet or less of floor
27space and that sells transportation fuels in conjunction with, and
28at the same physical location as, household foodstuffs for offsite
29consumption.end insert

30(5) “Family holiday” means the fourth Thursday of November
31of each year.

begin insert

32
(e) This section shall not apply to restaurants, except for
33restaurants that are located within a retail store establishment or
34a grocery store establishment.

end insert
35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P4    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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