AB 795,
as amended, Low. Employment:begin delete day’s work.end deletebegin insert Department of Industrial Relations: wage claims.end insert
Existing law establishes the Department of Industrial Relations to, among other things, enforce labor laws, including wage claims.
end insertbegin insertThis bill would require the department to report to the Legislature, for each office, the amount of time it takes for all wage claims to receive a preliminary hearing date.
end insertExisting 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.
end deleteThis bill would make nonsubstantive changes to this provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 63.5 is added to the end insertbegin insertLabor Codeend insertbegin insert, end insert2immediately following Section 63begin insert, to read:end insert
begin insert(a) The Department of Industrial Relations shall report
2to the Legislature, for each office, the amount of time it takes for
3all wage claims to receive a preliminary hearing date.
4(b) The report to the Legislature pursuant to this sections shall
5be submitted in compliance with Section 9795 of the Government
6Code.
7(c) This section shall become inoperative on January 1, 2020,
8pursuant to Section 10231.5 of the Government Code.
Section 510 of the Labor Code is amended to
10read:
(a) Eight hours of labor constitutes a day’s work. Any
12work in excess of eight hours in one workday and any work in
13excess of 40 hours in any one workweek and the first eight hours
14worked on the seventh day of work in any one workweek shall be
15compensated at the rate of no less than one and one-half times the
16regular rate of pay for an employee. Any work in excess of 12
17hours in one day shall be compensated at the rate of no less than
18twice the regular rate of pay for an employee. In addition, any
19work in excess of eight hours on the seventh day of a workweek
20shall be compensated at the rate of no
less than twice the regular
21rate of pay of an employee. Nothing in this section requires an
22employer to combine more than one rate of overtime compensation
23in order to calculate the amount to be paid to an employee for any
24 hour of overtime work. The requirements of this section shall not
25apply to the payment of overtime compensation to an employee
26working pursuant to any of the following:
27(1) An alternative workweek schedule adopted pursuant to
28Section 511.
29(2) An alternative workweek schedule adopted pursuant to a
30collective bargaining agreement pursuant to Section 514.
31(3) An alternative workweek schedule to which this
chapter is
32inapplicable pursuant to Section 554.
33(b) Time spent commuting to and from the first place at which
34an employee’s presence is required by the employer shall not be
35considered to be a part of a day’s work, when the employee
36commutes in a vehicle that is owned, leased, or subsidized by the
37employer and is used for the purpose of ridesharing, as defined in
38Section 522 of the Vehicle Code.
39(c) This section shall not affect, change, or limit an employer’s
40liability under the workers’ compensation law.
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