California 2017-2018 Regular Session

California Assembly Bill AB3234 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 510 of the Labor Code, relating to compensation. LEGISLATIVE COUNSEL'S DIGESTAB 3234, as introduced, Carrillo. Overtime compensation.Existing law provides that 8 hours of labor is a days work. Existing law prescribes general rules for compensation for work in excess of 8 hours in a day or work in excess of 40 hours in a workweek. Existing law provides that these requirements, among others, do not require 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.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 510 of the Labor Code, relating to compensation. LEGISLATIVE COUNSEL'S DIGESTAB 3234, as introduced, Carrillo. Overtime compensation.Existing law provides that 8 hours of labor is a days work. Existing law prescribes general rules for compensation for work in excess of 8 hours in a day or work in excess of 40 hours in a workweek. Existing law provides that these requirements, among others, do not require 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.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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1111 Assembly Bill No. 3234
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1313 Introduced by Assembly Member CarrilloFebruary 16, 2018
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1515 Introduced by Assembly Member Carrillo
1616 February 16, 2018
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1818 An act to amend Section 510 of the Labor Code, relating to compensation.
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2020 LEGISLATIVE COUNSEL'S DIGEST
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2222 ## LEGISLATIVE COUNSEL'S DIGEST
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2424 AB 3234, as introduced, Carrillo. Overtime compensation.
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2626 Existing law provides that 8 hours of labor is a days work. Existing law prescribes general rules for compensation for work in excess of 8 hours in a day or work in excess of 40 hours in a workweek. Existing law provides that these requirements, among others, do not require 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.This bill would make nonsubstantive changes to these provisions.
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2828 Existing law provides that 8 hours of labor is a days work. Existing law prescribes general rules for compensation for work in excess of 8 hours in a day or work in excess of 40 hours in a workweek. Existing law provides that these requirements, among others, do not require 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.
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3030 This bill would make nonsubstantive changes to these provisions.
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3232 ## Digest Key
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3434 ## Bill Text
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3636 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 days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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3838 The people of the State of California do enact as follows:
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4040 ## The people of the State of California do enact as follows:
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4242 SECTION 1. Section 510 of the Labor Code is amended to read:510. (a) Eight hours of labor constitutes a days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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4444 SECTION 1. Section 510 of the Labor Code is amended to read:
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4646 ### SECTION 1.
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4848 510. (a) Eight hours of labor constitutes a days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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5050 510. (a) Eight hours of labor constitutes a days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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5252 510. (a) Eight hours of labor constitutes a days 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 This section requires does not require 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 employees presence is required by the employer shall not be considered to be a part of a days 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 employers liability under the workers compensation law.
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5656 510. (a) Eight hours of labor constitutes a days 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 This section requires does not require 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:
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5858 (1) An alternative workweek schedule adopted pursuant to Section 511.
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6060 (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514.
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6262 (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.
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6464 (b) Time spent commuting to and from the first place at which an employees presence is required by the employer shall not be considered to be a part of a days 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.
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6666 (c) This section does not affect, change, or limit an employers liability under the workers compensation law.