AB 60
BILL NUMBER: AB 60 CHAPTERED
BILL TEXT
CHAPTER 134
FILED WITH SECRETARY OF STATE JULY 21, 1999
APPROVED BY GOVERNOR JULY 20, 1999
PASSED THE SENATE JULY 8, 1999
PASSED THE ASSEMBLY JULY 8, 1999
AMENDED IN SENATE JULY 1, 1999
AMENDED IN SENATE JUNE 30, 1999
AMENDED IN SENATE JUNE 24, 1999
AMENDED IN ASSEMBLY MAY 27, 1999
AMENDED IN ASSEMBLY APRIL 26, 1999
AMENDED IN ASSEMBLY MARCH 22, 1999
AMENDED IN ASSEMBLY MARCH 15, 1999
INTRODUCED BY Assembly Member Knox
(Coauthor: Senator Burton)
DECEMBER 7, 1998
An act to amend Sections 510, 554, 556, and 1182.1 of, to add
Sections 500, 511, 512, 513, 514, 515, 516, 517, and 558 to, to
repeal Section 1183.5 of, and to amend and repeal Sections 1182.2,
1182.3, 1182.9, and 1182.10 of, the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 60, Knox. Employment: overtime.
Existing law provides that 8 hours of labor constitute a day's
work unless it is otherwise expressly stipulated by the parties to a
contract.
This bill would delete the authority of parties to otherwise
expressly stipulate the number of hours that constitute a day's work.
The bill would provide that, except for an employee working
pursuant to an alternative workweek schedule, as specified, hours
worked in excess of 8 hours in one day, hours worked in excess of 40
hours in one workweek, and the first 8 hours worked on the 7th day of
work in a given workweek are to be compensated at the rate of no
less than 1 1/2 times the regular rate of pay of an employee. Under
the bill, 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 a workweek are to
be compensated at the rate of no less than twice the regular rate of
pay of an employee. Employees working pursuant to an alternative
workweek schedule under other specified provisions of this bill would
be exempt from these requirements.
This bill would make an employer, or other person acting on behalf
of an employer, subject to prescribed civil penalties for the
violation of prescribed provisions of the Labor Code or provisions
regulating hours and days of work of wage orders of the Industrial
Welfare Commission. The bill would authorize the Labor Commissioner
to issue citations for violations of prescribed provisions of the
Labor Code regulating the payment of wages for overtime work and
provisions regulating hours and days of work in wage orders of the
commission and would prescribe a procedure by which the cited
employer or other person may contest the proposed assessment of a
civil penalty.
Under existing law, work performed in the necessary care of
animals, crops, or agricultural lands is exempt from specified
regulation under the above provisions, including the standard for
compensation at an overtime rate for work in excess of 8 hours per
day.
This bill instead would exempt persons employed in an agricultural
occupation, as defined in the wage order of the Industrial Welfare
Commission relating to agricultural occupations, with a prescribed
exception, from specified regulation under the Labor Code.
Under an existing statute, any employer who intends to use a
flexible scheduling technique, as permitted by wage order of the
commission, is required to make full written disclosure to the
affected employees concerning certain matters of the flexible
schedule, as specified. Existing wage orders of the commission
specify the rate of overtime compensation required to be paid to an
employee for work in excess of 40 hours per week. Other existing
provisions of those wage orders provide that no employer is in
violation of those overtime provisions if the employees of the
employer have adopted a voluntary written agreement that satisfies
specified criteria.
This bill would repeal that statute and instead codify the
authority of the employees of an employer to adopt an alternative
workweek schedule that permits work by affected employees for no
longer than 10 hours per day within a 40-hour workweek without the
payment to the affected employees of an overtime rate of compensation
when approved by at least 2/3 of the affected employees in a work
unit by secret ballot. The bill would provide that an employee
working more than 8 hours, but not more than 12 hours, in a day
pursuant to an alternative workweek schedule is required to be paid
an overtime rate of compensation of no less than 1 1/2 times the
regular rate of pay of the employee for work in excess of the regular
hours established by that schedule and for work in a workweek in
excess of 40 hours per week and an overtime rate of compensation of
no less than double the regular rate of pay of the employee for any
work in excess of 12 hours per day and work in excess of 8 hours on
days worked beyond the regularly scheduled workweek under the
agreement.
The bill would declare null and void certain alternative workweek
schedules adopted pursuant to specified wage orders of the Industrial
Welfare Commission.
Existing wage orders of the commission prohibit an employer from
employing an employee for a work period of more than 5 hours per day
without providing the employee with a meal period of not less than 30
minutes, with the exception that if the total work period per day of
the employee is no more than 6 hours, the meal period may be waived
by mutual consent of both the employer and employee.
This bill would codify that prohibition and also would further
prohibit an employer from employing an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, with a specified
exception.
The bill would provide that, if an employer approves the written
request of an employee to make up work time that is lost as a result
of a personal obligation of the employee, the hours of that makeup
work time, if performed in the same workweek in which the time was
lost, may not be counted towards computing the total number of hours
worked in a day for purposes of specified overtime requirements,
except for hours in excess of 11 hours of work in one day or 40 hours
in one workweek. The bill would require an employee to provide a
signed written request for each occasion he or she makes that
request. The bill would prohibit an employer from encouraging or
otherwise soliciting an employee to make that request.
Existing wage orders of the commission provide that no person
employed in an administrative, executive, or professional capacity is
required by those wage orders to be compensated for overtime work.
Those existing wage orders define an employee as employed in an
administrative, executive, or professional capacity if, among other
things, the employee is engaged in work that is primarily
intellectual, managerial, or creative, and which requires exercise of
discretion and independent judgment and the employee receives
compensation of not less than a specified amount per month.
This bill would authorize the Industrial Welfare Commission to
establish exemptions, with specified limitations, from the
requirement that premium pay be paid for overtime work for executive,
administrative, and professional employees, provided that the
employee is primarily engaged in the duties which meet the test of
the exemption and the employee earns a monthly salary equivalent to
no less than 2 times the state minimum wage for full-time employment.
The bill would require the commission to conduct a review of the
duties that meet the test of this exemption and authorize the
commission to hold a public hearing, to be conducted no later than
July 1, 2000, to adopt or modify regulations relating to duties that
meet the test of the exemption without convening a wage board.
The bill would authorize the Industrial Welfare Commission to
review, retain, or eliminate exemptions from the hours requirements
that were contained in a valid wage order in effect in 1997 and would
authorize the commission to establish additional exemptions
therefrom for the health or welfare of employees in any occupation,
trade, or industry until January 1, 2005.
Under existing law, employment in which the hours of work do not
exceed 30 hours in a week or 6 hours in a day are exempt from the
general provisions of the Labor Code relating to the hours and days
that constitute a workday and a workweek, and related provisions.
This bill would clarify that the exemption applies to the
requirements for a day's rest within a period of 7 days of labor and
the prohibition against requiring an employee to work more than 6
days in 7.
Existing provisions of the Labor Code contain specific workday and
workweek requirements relating to employees of ski establishments,
employees of licensed hospitals, and stable employees engaged in the
raising, feeding, or management of racehorses. Existing law also
exempts employers engaged in specified commercial fishing enterprises
from the minimum wage and maximum hour provisions of existing law.
This bill would repeal those provisions as of July 1, 2000.
This bill would require the Industrial Welfare Commission, prior
to July 1, 2000, to conduct a review of wages, hours, and working
conditions in the ski industry, commercial fishing industry, and
health care industry, and for licensed pharmacists, outside
salespersons, and stable employees in the horse racing industry. The
bill would authorize the commission, based upon that review, to
convene a public hearing to adopt or modify regulations at that
hearing pertaining to those industries without convening wage boards.
The bill would provide that the hearing be concluded by July 1,
2000.
The bill also would require the Industrial Welfare Commission, at
a public hearing, to adopt wage, hours, and working conditions orders
consistent with this measure without convening wage boards, which
orders shall be final and conclusive for all purposes. Additionally,
the commission would be authorized to adopt regulations consistent
with this measure necessary to provide assurances of fairness
regarding the conduct of employee workweek elections, employee
disclosures, employee requests to the Labor Commissioner to review
designations of work units, and processing of employee petitions as
provided for in this measure or under any wage order of the
commission.
Additionally, the bill would authorize the Industrial Welfare
Commission to adopt or amend orders relating to break periods, meal
periods, and days of rest.
Since violation of these provisions would, under existing law,
constitute a misdemeanor, the bill would impose a state-mandated
local program.
The bill also would make other technical and conforming changes
and would declare null and void specified wage orders of the
Industrial Welfare Commission relating to these provisions and
temporarily reinstate specified prior orders of the commission.
This bill would further require the Industrial Welfare Commission
to study the extent to which alternative workweek schedules are used
in California with a cost-benefit analysis and to report the results
of the study and recommendations to the Legislature by July 1, 2001.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
"Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999."
SEC. 2. The Legislature hereby finds and declares all of the
following:
(a) The eight-hour workday is the mainstay of protection for
California's working people, and has been for over 80 years.
(b) In 1911, California enacted the first daily overtime law
setting the eight-hour daily standard, long before the federal
government enacted overtime protections for workers.
(c) Ending daily overtime would result in a substantial pay cut
for California workers who currently receive daily overtime.
(d) Numerous studies have linked long work hours to increased
rates of accident and injury.
(e) Family life suffers when either or both parents are kept away
from home for an extended period of time on a daily basis.
(f) In 1998 the Industrial Welfare Commission issued wage orders
that deleted the requirement to pay premium wages after eight hours
of work a day in five wage orders regulating eight million workers.
(g) Therefore, the Legislature affirms the importance of the
eight-hour workday, declares that it should be protected, and
reaffirms the state's unwavering commitment to upholding the
eight-hour workday as a fundamental protection for working people.
SEC. 3. Section 500 is added to the Labor Code, to read:
500. For purposes of this chapter, the following terms shall have
the following meanings:
(a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
(b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
(c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.
SEC. 4. 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
any 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 do 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 does not affect, change, or limit an employer's
liability under the workers' compensation law.
SEC. 5. Section 511 is added to the Labor Code, to read:
511. (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
work unit. The regularly scheduled alternative workweek proposed by
an employer for adoption by employees may be a single work schedule
that would become the standard schedule for workers in the work unit,
or a menu of work schedule options, from which each employee in the
unit would be entitled to choose.
(b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. 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.
(c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal or nullification of an
alternative workweek schedule.
(d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j) of
Section 12940 of the Government Code.
(e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Statistics
and Research within 30 days after the results are final.
(f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Numbers 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is
null and void, except for an alternative workweek providing for a
regular schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret
ballot election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
(g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage
Orders 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Orders 4
or 5 that were in effect prior to 1998.
(h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
SEC. 6. Section 512 is added to the Labor Code, to read:
512. An employer may not employ an employee for a work period of
more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period
of more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
SEC. 7. Section 513 is added to the Labor Code, to read:
513. If an employer approves a written request of an employee to
make up work time that is or would be lost as a result of a personal
obligation of the employee, the hours of that makeup work time, if
performed in the same workweek in which the work time was lost, may
not be counted towards computing the total number of hours worked in
a day for purposes of the overtime requirements specified in Section
510 or 511, except for hours in excess of 11 hours of work in one day
or 40 hours in one workweek. An employee shall provide a signed
written request for each occasion that the employee makes a request
to make up work time pursuant to this section. An employer is
prohibited from encouraging or otherwise soliciting an employee to
request the employer's approval to take personal time off and make up
the work hours within the same week pursuant to this section.
SEC. 8. Section 514 is added to the Labor Code, to read:
514. This chapter does not apply to an employee covered by a
valid collective bargaining agreement if the agreement expressly
provides for the wages, hours of work, and working conditions of the
employees, and if the agreement provides premium wage rates for all
overtime hours worked and a regular hourly rate of pay for those
employees of not less than 30 percent more than the state minimum
wage.
SEC. 9. Section 515 is added to the Labor Code, to read:
515. (a) The Industrial Welfare Commission may establish
exemptions from the requirement that an overtime rate of compensation
be paid pursuant to Sections 510 and 511 for executive,
administrative, and professional employees, provided that the
employee is primarily engaged in the duties which meet the test of
the exemption and the employee earns a monthly salary equivalent to
no less than two times the state minimum wage for full-time
employment. The commission shall conduct a review of the duties
which meet the test of the exemption. The commission may, based upon
this review, convene a public hearing to adopt or modify regulations
at that hearing pertaining to duties which meet the test of the
exemption without convening a wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
(b) (1) The commission may establish additional exemptions to
hours of work requirements under this division where it finds that
hours or conditions of labor may be prejudicial to the health or
welfare of employees in any occupation, trade, or industry. This
paragraph shall become inoperative on January 1, 2005.
(2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter any exemption from provisions regulating hours of
work that was contained in any valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate any exemption from provisions regulating
hours of work that was contained in any valid wage order in effect
in 1997.
(c) For the purposes of this section "full-time employment" means
employment in which an employee is employed for 40 hours per week.
(d) For the purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
(e) For the purposes of this section, "primarily" means more than
one-half of the employee's work time.
(f) In addition to the requirements of subdivision (a), registered
nurses employed to engage in the practice of nursing shall not be
exempted from coverage under any part of the orders of the Industrial
Welfare Commission, unless they individually meet the criteria for
exemptions established for executive or administrative employees.
SEC. 10. Section 516 is added to the Labor Code, to read:
516. Notwithstanding any other provision of law, the Industrial
Welfare Commission may adopt or amend working condition orders with
respect to break periods, meal periods, and days of rest for any
workers in California consistent with the health and welfare of those
workers.
SEC. 11. Section 517 is added to the Labor Code to read:
517. (a) The Industrial Welfare Commission shall, at a public
hearing to be concluded by July 1, 2000, adopt wage, hours, and
working conditions orders consistent with this chapter without
convening wage boards, which orders shall be final and conclusive for
all purposes. These orders shall include regulations necessary to
provide assurances of fairness regarding the conduct of employee
workweek elections, procedures for employees to petition for and
obtain elections to repeal alternative workweek schedules, procedures
for implementation of those schedules, conditions under which an
adopted alternative workweek schedule can be repealed by the
employer, employee disclosures, designations of work, and processing
of workweek election petitions pursuant to Parts 2 and 4 of this
division and in any wage order of the commission and such other
regulations as may be needed to fulfill the duties of the commission
pursuant to this part.
(b) Prior to July 1, 2000, the Industrial Welfare Commission shall
conduct a review of wages, hours, and working conditions in the ski
industry, commercial fishing industry, and health care industry, and
for stable employees in the horseracing industry. Notwithstanding
subdivision (a) and Sections 510 and 511, and consistent with its
duty to protect the health, safety, and welfare of workers pursuant
to Section 1173, the commission may, based upon this review, convene
a public hearing to adopt or modify regulations at that hearing
pertaining to the industries herein, without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
(c) Notwithstanding subdivision (a) of Section 515, prior to July
1, 2000, the commission shall conduct a review of wages, hours, and
working conditions of licensed pharmacists. The commission may,
based upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to licensed pharmacists
without convening wage boards. Any hearing conducted pursuant to
this subdivision shall be concluded not later than July 1, 2000.
(d) Notwithstanding sections 1171 and subdivision (a) of Section
515, the Industrial Welfare Commission shall conduct a review of
wages, hours, and working conditions of outside salespersons. The
commission may, based upon this review, convene a public hearing to
adopt or modify regulations at that hearing pertaining to outside
salespersons without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
(e) Nothing in this section is intended to restrict the Industrial
Welfare Commission in its continuing duties pursuant to Section
1173.
(f) No action taken by the Industrial Welfare Commission pursuant
to this section is subject to the requirements of Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
(g) All wage orders and other regulations issued or adopted
pursuant to this section shall be published in accordance with
Section 1182.1.
SEC. 12. Section 554 of the Labor Code is amended to read:
554. Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission, nor shall the
provisions of this chapter apply when the employer and a labor
organization representing employees of the employer have entered into
a valid collective bargaining agreement pursuant to Section 514.
Nothing in this chapter shall be construed to prevent an accumulation
of days of rest when the nature of the employment reasonably
requires that the employee work seven or more consecutive days,
providing that in each calendar month the employee receive days of
rest equivalent to one day's rest in seven. The requirement
respecting the equivalent of one day's rest in seven shall apply,
notwithstanding the other provisions of this chapter relating to
collective bargaining agreements, where the employer and a labor
organization representing employees of the employer have entered into
a valid collective bargaining agreement respecting the hours of work
of the employees, unless the agreement expressly provides otherwise.
In addition to the exceptions herein, the Chief of the Division of
Labor Standards Enforcement may, when in his judgment hardship will
result, exempt any employer or employees from the provisions of
Sections 551 and 552.
SEC. 13. Section 556 of the Labor Code is amended to read:
556. Sections 551 and 552 shall not apply to any employer or
employee when the total hours of employment do not exceed 30 hours in
any week or six hours in any one day thereof.
SEC. 14. Section 558 is added to the Labor Code, to read:
558. (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
(1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
(2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
(3) Wages recovered pursuant to this section shall be paid to the
affected employee.
(b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
(c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.
SEC. 15. Section 1182.1 of the Labor Code is amended to read:
1182.1. Any action taken by the commission pursuant to Sections
517 and 1182 shall be published in at least one newspaper in each of
the Cities of Los Angeles, Sacramento, Oakland, San Jose, Fresno, San
Diego, and San Francisco. A summary of the action taken and notice
of where the complete text of the new or amended order may be
obtained may be published in lieu of the complete text when the
commission determines such summary and notice will adequately inform
the public. The statement as to the basis of the order need not be
published.
SEC. 16. Section 1182.2 of the Labor Code is amended to read:
1182.2. (a) The Legislature finds that the hours and days of work
of employees employed in California in the seasonal ski industry are
subject to fluctuations which are beyond the control of their
employers. The Legislature further finds that the economic interests
of these employees are best served when minimum limitations are
placed upon their hours and days of work. Accordingly, no employer
who operates a ski establishment shall be in violation of any
provision of this code or any applicable order of the Industrial
Welfare Commission by instituting a regularly scheduled workweek of
not more than 56 hours, provided that any employee shall be
compensated at a rate of not less than one and one-half times the
employee's regular rate of pay for any hours worked in excess of 56
hours in any workweek.
(b) As used in this section, "ski establishment" means an
integrated, geographically limited recreational area comprised of the
basic skiing facilities, together with all operations and facilities
related thereto.
(c) This section shall apply only during any month of the year
when Alpine or Nordic skiing activities, including snowmaking and
grooming activities, are actually being conducted by the ski
establishment.
This section shall remain in effect only until July 1, 2000, and as
of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2000, deletes or extends that date.
SEC. 17. Section 1182.3 of the Labor Code is amended to read:
1182.3. No employee licensed pursuant to Article 3 (commencing
with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish
and Game Code, or is employed on a commercial passenger fishing boat
licensed pursuant to Article 5 (commencing with Section 7920) of
Chapter 1 of Part 3 of Division 6 of the Fish and Game Code, shall be
subject to a minimum wage or maximum hour order of the commission.
This section shall remain in effect only until July 1, 2000, and as
of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2000, deletes or extends that date.
SEC. 18. Section 1182.9 of the Labor Code is amended to read:
1182.9. An employer engaged in the operation of a licensed
hospital or providing personnel for the operation of a licensed
hospital who institutes, pursuant to an applicable order of the
commission, a regularly scheduled workweek that includes no more than
three working days of no more than 12 hours each within any
workweek, shall make a reasonable effort to find an alternative work
assignment for any employee who participated in the vote which
authorized the schedule and is unable to work 12-hour workday
schedules. An employer shall not be required to offer an alternative
work assignment to an employee if an alternative work assignment is
not available or if the employee was hired after the adoption of the
12-hour, 3-day workweek schedule.
This section shall remain in effect only until July 1, 2000, and as
of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2000, deletes or extends that date.
SEC. 19. Section 1182.10 of the Labor Code is amended to read:
1182.10. (a) Notwithstanding any other provision of this chapter,
or any order of the commission, the employment of stable employees
engaged in the raising, feeding, and management of racehorses by a
trainer shall be subject to the same standards governing wages,
hours, and conditions of labor as those established by the commission
for employees in agricultural occupations engaged in the raising,
feeding, and management of other livestock, except as set forth in
subdivision (b).
(b) Notwithstanding the provisions of any order of the commission
permitting employees employed in agricultural occupations to work 10
hours on each of six workdays in a seven-day workweek without the
payment of overtime compensation, stable employees shall not be
employed more than 10 hours in any workday, nor more than 56 hours
during seven days in any workweek. However, stable employees may be
employed in excess of 10 hours in any workday, and in excess of 56
hours during seven days in one workweek, if these employees are
compensated at a rate of not less than one and one-half times the
employees' regular rate of pay for all hours worked in excess of 10
hours in any workday, or 56 hours in any workweek.
(c) For purposes of this section:
(1) "Stable employees" includes, but is not limited to, grooms,
hotwalkers, exercise workers, and any other employees engaged in the
raising, feeding, or management of racehorses, employed by a trainer
at a racetrack or other nonfarm training facility.
(2) "Trainer" has the same definition as in Section 24001 of the
Food and Agricultural Code.
(3) "Workday" and "workweek" have the same definition as in the
order of the commission applicable to employees employed in
agricultural occupations.
(4) "Regular rate of pay" includes all wages paid by the trainer
to the stable employee for a workweek of not more than 56 hours, but
excludes those amounts excluded from regular pay by Section 7(e) of
the Fair Labor Standards Act (29 U.S.C. Sec. 207(e)), and excludes
the payment of the stable employee's share, if any, of the purse of a
race, whether that share is paid by the owner of the racehorse or by
the trainer.
This section shall remain in effect only until July 1, 2000, and as
of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2000, deletes or extends that date.
SEC. 20. Section 1183.5 of the Labor Code is repealed.
SEC. 21. Wage Orders number 1-98, 4-98, 5-98, 7-98, and 9-98
adopted by the Industrial Welfare Commission are null and void, and
Wage Orders 1-89, 4-89 as amended in 1993, 5-89 as amended in 1993,
7-80, and 9-90 are reinstated until the effective date of wage orders
issued pursuant to Section 517.
SEC. 22. The Industrial Welfare Commission shall study the extent
to which alternative workweek schedules are used in California and
the costs and benefits to employees and employers of those schedules,
and report the results of the study and recommendations to the
Legislature not later than July 1, 2001.
SEC. 23. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.