Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 795

Introduced by Assembly Member Low

February 25, 2015

An act to begin delete amend end delete begin insert add end insert Section begin delete 510 of end delete begin insert 63.5 to end insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 795, as amended, Low. Employment: begin delete day’s work. end delete begin insert Department of Industrial Relations: wage claims. end insert

begin insert

Existing law establishes the Department of Industrial Relations to, among other things, enforce labor laws, including wage claims.

end insert begin insert

This 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 insert begin delete

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.

end delete begin delete

This bill would make nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 63.5 is added to the end insert begin insert Labor Code end insert begin insert , end insert immediately following Section 63 begin insert , to read: end insert

begin insert

begin insert 63.5. end insert   

(a) The Department of Industrial Relations shall report
to the Legislature, for each office, the amount of time it takes for
all wage claims to receive a preliminary hearing date.

(b) The report to the Legislature pursuant to this sections shall
be submitted in compliance with Section 9795 of the Government
Code.

(c) This section shall become inoperative on January 1, 2020,
pursuant to Section 10231.5 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 510 of the Labor Code is amended to
read:

510.  

(a) Eight hours of labor constitutes a day’s work. Any
work in excess of eight hours in one workday and any work in
excess of 40 hours in any one workweek and the first eight hours
worked on the seventh day of work in any one workweek shall be
compensated at the rate of no less than one and one-half times the
regular rate of pay for an employee. Any work in excess of 12
hours in one day shall be compensated at the rate of no less than
twice the regular rate of pay for an employee. In addition, any
work in excess of eight hours on the seventh day of a workweek
shall be compensated at the rate of no less than twice the regular
rate of pay of an employee. Nothing in this section requires an
employer to combine more than one rate of overtime compensation
in order to calculate the amount to be paid to an employee for any
hour of overtime work. The requirements of this section shall not
apply to the payment of overtime compensation to an employee
working pursuant to any of the following:

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

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

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

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

(c) This section shall not affect, change, or limit an employer’s
liability under the workers’ compensation law.

end delete