California Legislature—2015–16 Regular Session

Assembly BillNo. 795


Introduced by Assembly Member Low

February 25, 2015


An act to amend Section 510 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 795, as introduced, Low. Employment: day’s work.

Existing employment regulation law, with certain exceptions, establishes an 8-hour workday and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked.

This bill would make nonsubstantive changes to this provision.

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

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

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SECTION 1.  

Section 510 of the Labor Code is amended to
2read:

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510.  

(a) Eight hours of labor constitutes a day’s work. Any
4work in excess of eight hours in one workday and any work in
5excess of 40 hours in any one workweek and the first eight hours
6worked on the seventh day of work in any one workweek shall be
7compensated at the rate of no less than one and one-half times the
8regular rate of pay for an employee. Any work in excess of 12
9hours in one day shall be compensated at the rate of no less than
10twice the regular rate of pay for an employee. In addition, any
P2    1work in excess of eight hours onbegin delete anyend deletebegin insert theend insert seventh day of a
2workweek shall be compensated at the rate of no less than twice
3the regular rate of pay of an employee. Nothing in this section
4requires an employer to combine more than one rate of overtime
5compensation in order to calculate the amount to be paid to an
6employee for any hour of overtime work. The requirements of this
7sectionbegin delete doend deletebegin insert shallend insert not apply to the payment of overtime compensation
8to an employee working pursuant to any of the following:

9(1) An alternative workweek schedule adopted pursuant to
10Section 511.

11(2) An alternative workweek schedule adopted pursuant to a
12collective bargaining agreement pursuant to Section 514.

13(3) An alternative workweek schedule to which this chapter is
14inapplicable pursuant to Section 554.

15(b) Time spent commuting to and from the first place at which
16an employee’s presence is required by the employer shall not be
17considered to be a part of a day’s work, when the employee
18commutes in a vehicle that is owned, leased, or subsidized by the
19employer and is used for the purpose of ridesharing, as defined in
20Section 522 of the Vehicle Code.

21(c) This sectionbegin delete doesend deletebegin insert shallend insert not affect, change, or limit an
22employer’s liability under the workers’ compensation law.



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