California Assembly Bill AB1486 Introduced / Bill

 BILL NUMBER: AB 1486INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Furutani FEBRUARY 27, 2009 An act to amend Section 554 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1486, as introduced, Furutani. Employment: days of rest. Existing law provides that a person employed in any occupation of labor is entitled to one day's rest in 7 and prohibits an employer from requiring his or her employees to work more than 6 days in 7. However, existing law establishes exceptions from those provisions, except where a valid collective bargaining agreement that covers the hours of employees exists, for emergencies, other work performed in the protection of life or property from loss or destruction, common carriers engaged in or connected with the movement of trains, and employees in an agricultural occupation. Existing law also authorizes the Chief of the Division of Labor Standards to exempt other employers or employees to prevent hardship. This bill would make nonsubstantive changes to those provisions related to those exemptions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 554 of the Labor Code is amended to read: 554. (a) 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.  Nothing in this   This  chapter  shall be construed to   does not  prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives 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. (b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt  any   an  employer or employees from the provisions of Sections 551 and 552.