BILL ANALYSIS                                                                                                                                                                                                    



                                                                      AB 67


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          67 (Gonzalez)


          As Amended  August 3, 2016


          Majority vote


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          |ASSEMBLY:  |43-32 |(January 27,   |SENATE: |22-14 |(August 29,      |
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          Original Committee Reference:  L. & E.


          SUMMARY:  Enacts the "Double Pay on the Holiday Act of 2016," as  
          specified.


          The Senate amendments:


          1)Provide that this bill does not apply to a retail food  
            facility unless it is a grocery establishment, or is located  
            within a retail store establishment, or is located within a  
            grocery store establishment and primarily sells food for  
            offsite consumption.








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          2)Provides that a "retail store establishment" includes a retail  
            food facility if the retail food facility is located within a  
            retail store establishment.


          3)Provides that a "retail store establishment" does not include  
            one located on an amusement park or in a retail, dining, and  
            entertainment area under common control of the amusement park.


          4)Provide that a "retail store establishment" does not include a  
            new motor vehicle dealer or a ski resort.


          5)Provides that a "grocery store establishment" does not include  
            a store that occupies 5,000 square feet or less of floor space  
            and that sells transportation fuels in conjunction with, and  
            at the same physical location as, household food stuffs for  
            offsite consumption.


          6)Provides that a "grocery store establishment" includes a  
            separate retail food facility that is located within a grocery  
            store establishment and primarily sells food for offsite  
            consumption.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  This bill would enact the Double Pay on the Holiday  
          Act of 2015 that would require an employer to pay at least two  
          times the regular rate of pay to an employee for work on a  
          family holiday, as defined.

          Supporters argue that this bill guarantees that employees are  
          fairly compensated for the undue hardships associated with  
          working on the traditional family holiday of Thanksgiving.  They  
          contend that the increasing commercialization of the holiday in  








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          recent years has forced workers to miss out on celebrating the  
          holiday and spending time with their families in order to keep  
          their jobs.  In some cases, this work has become mandatory,  
          forcing workers to give up their holiday or risk losing their  
          jobs.

          Opponents argue that this bill will result in unavoidable cost  
          increases for certain businesses.  Opponents also argue that  
          this bill would create a competitive disadvantage for  
          "brick-and-mortar" stores.  They state that this bill would  
          unilaterally increase the cost of doing business only for those  
          employers who have a physical presence in California, thereby  
          automatically placing them at a competitive disadvantage with  
          online companies and out-of-state businesses that would not be  
          subject to this cost.  

          Analysis Prepared by:                                             
                          Ben Ebbink / L. & E. / (916) 319-2091  FN:  
          0003800