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 11⁄2 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 2016, which would require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments, as defined, except employees in specified categories, for work on a family holiday, as defined. The bill would exempt retail food facilities, as defined, from the act unless the retail food facility is a grocery store establishment, or is located within a retail establishment, or is located within a grocery store establishment and primarily sells food for onsite consumption.
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:
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 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) This section does not apply to a retail food facility unless it
13is a grocery store establishment, or is located within a retail store
14establishment, or is located within a grocery store establishment
15and primarily sells food for onsite consumption.
16(e) As used in this section:
17(1) “Employee” does not include the following:
P3 1(A) An employee covered by a valid collective bargaining
2agreement if the agreement expressly provides for the wages, hours
3of work, and working conditions of employees, and expressly
4provides for holiday premium pay for those employees, premium
5wage rates for all overtime hours worked, and a regular hourly
6rate of pay of not less than 30 percent more than the state minimum
8(B) An employee who is exempt from the
payment of an
9overtime rate of compensation for executive, administrative, and
10professional employees pursuant to wage orders issued by the
11Industrial Welfare Commission described in Section 515.
12(C) An employee who is employed by an employer who employs
13500 or fewer employees.
14(2) “Employer” means any person
who employs another under
15any arrangement or contract of hire for a retail store establishment
16or grocery store establishment.
17(3) “Retail store establishment” means a physical store within
18the state with more than 50 percent of its revenue generated from
19merchandise subject to the state’s sales and use taxes, including,
20but not limited to, electronics, appliances, clothing, furniture,
21sporting goods, health and personal products. A “retail store
22establishment” includes a retail food facility, if the retail food
23 facility is located within a retail store establishment. A “retail store
24establishment” does not include a retail store establishment located
25in an amusement
begin delete park,end delete
27 hotel, movie theater, a new motor vehicle dealer, as defined in
28Section 426 of the Vehicle Code, or a ski resort.
29(4) “Grocery store establishment” means a physical store within
30the state that sells primarily household foodstuffs for offsite
31consumption, including, but not limited to, the sale of fresh
32produce, meats, poultry, fish, deli products, dairy products, canned
33foods, dry foods, beverages, and baked or prepared foods. Other
34household supplies or products are secondary to the primary
35purpose of food sales. A “grocery store establishment” includes a
36separate retail food facility that is located within a grocery store
37establishment and primarily sells food for onsite consumption. A
38“grocery store establishment” does not include a store that occupies
395,000 square feet or less of floor space and that sells transportation
P4 1fuels in conjunction with, and at the same physical location as,
2household foodstuffs for offsite consumption.
3(5) “Family holiday” means the fourth Thursday of November
4of each year.
5(6) “Retail food facility” has the same meaning as in Section
6113789 of the Health and Safety Code.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California