California Assembly Bill AB1421 Introduced / Bill

 BILL NUMBER: AB 1421INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Swanson FEBRUARY 27, 2009 An act to amend Section 510 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1421, as introduced, Swanson. Employment: work hours. Under existing law, 8 hours of labor constitutes a workday. Existing law provides that time spent commuting to and from the first place at which an employee's presence is required by the employer is not part of a workday when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for ridesharing. This bill would provide that time spent in transit on a facility-provided conveyance from a remote employee parking location to and from the place at which an employee's presence is required by the employer shall be considered to be part of a workday when the employee is employed at an airport, amusement park, sports venue, or entertainment venue. By creating a new crime, this bill would impose a state-mandated local program. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 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   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   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   a  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   an  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) Time spent in transit on a facility-provided conveyance from a remote employee parking location to and from the place at which an employee's presence is required by the employer shall be considered to be part of a day's work when the employee is employed at an airport, amusement park, sports venue, or entertainment venue.   (c)   (d)  This section does not affect, change, or limit an employer's liability under the workers' compensation law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.