California 2017-2018 Regular Session

California Senate Bill SB1404 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1404Introduced by Senator StoneFebruary 16, 2018 An act to amend Section 1186 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 1404, as introduced, Stone. Pharmacists: exemption from overtime regulations.Existing law generally requires an employee to be paid an overtime rate of compensation for work in excess of 8 hours per day. Existing wage orders of the Industrial Welfare Commission exempt persons employed in an administrative, executive, or professional capacity from that requirement, among other things. Existing law provides that a person employed in the practice of pharmacy is not exempt from coverage under any provision of the wage orders of the commission, unless he or she individually meets the criteria established for exemption as executive or administrative employees. Existing law also provides that no person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the commission established for professional employees.This bill would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1186 of the Labor Code is amended to read:1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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3	3	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1404Introduced by Senator StoneFebruary 16, 2018 An act to amend Section 1186 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 1404, as introduced, Stone. Pharmacists: exemption from overtime regulations.Existing law generally requires an employee to be paid an overtime rate of compensation for work in excess of 8 hours per day. Existing wage orders of the Industrial Welfare Commission exempt persons employed in an administrative, executive, or professional capacity from that requirement, among other things. Existing law provides that a person employed in the practice of pharmacy is not exempt from coverage under any provision of the wage orders of the commission, unless he or she individually meets the criteria established for exemption as executive or administrative employees. Existing law also provides that no person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the commission established for professional employees.This bill would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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11	11	Senate Bill No. 1404
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13	13	Introduced by Senator StoneFebruary 16, 2018
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15	15	Introduced by Senator Stone
16	16	February 16, 2018
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18	18	An act to amend Section 1186 of the Labor Code, relating to employment.
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20	20	LEGISLATIVE COUNSEL'S DIGEST
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22	22	## LEGISLATIVE COUNSEL'S DIGEST
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24	24	SB 1404, as introduced, Stone. Pharmacists: exemption from overtime regulations.
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26	26	Existing law generally requires an employee to be paid an overtime rate of compensation for work in excess of 8 hours per day. Existing wage orders of the Industrial Welfare Commission exempt persons employed in an administrative, executive, or professional capacity from that requirement, among other things. Existing law provides that a person employed in the practice of pharmacy is not exempt from coverage under any provision of the wage orders of the commission, unless he or she individually meets the criteria established for exemption as executive or administrative employees. Existing law also provides that no person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the commission established for professional employees.This bill would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.
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28	28	Existing law generally requires an employee to be paid an overtime rate of compensation for work in excess of 8 hours per day. Existing wage orders of the Industrial Welfare Commission exempt persons employed in an administrative, executive, or professional capacity from that requirement, among other things. Existing law provides that a person employed in the practice of pharmacy is not exempt from coverage under any provision of the wage orders of the commission, unless he or she individually meets the criteria established for exemption as executive or administrative employees. Existing law also provides that no person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the commission established for professional employees.
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30	30	This bill would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.
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32	32	## Digest Key
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34	34	## Bill Text
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36	36	The people of the State of California do enact as follows:SECTION 1. Section 1186 of the Labor Code is amended to read:1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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38	38	The people of the State of California do enact as follows:
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40	40	## The people of the State of California do enact as follows:
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42	42	SECTION 1. Section 1186 of the Labor Code is amended to read:1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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44	44	SECTION 1. Section 1186 of the Labor Code is amended to read:
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46	46	### SECTION 1.
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48	48	1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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50	50	1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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52	52	1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.
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56	56	1186. (a) A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees.
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58	58	(b) Notwithstanding subdivision (a), a pharmacist who is participating in a postgraduate training program, including a residency, fellowship, or advanced practice licensure training, or who is in a field relating to the practice of pharmacy or pharmacy research, or who is providing pharmacist clinical services and is not predominantly employed for prescription or institutional order dispensing or compounding, shall be considered exempt from coverage under any provision of the orders of the Industrial Welfare Commission.