| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate June 29, 2020 Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 5002.9 to the Public Resources Code, relating to public resources. 2802.2 to, and to add Part 4.6 (commencing with Section 1460) to Division 2 of, the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction. Employment: Telecommuting Act.Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.This bill, among other things, would authorize any employee working from home who is not under the physical control of the employer to choose when to take any meal or rest period during the workday. The bill would require an employer to pay one additional hour of pay if the employer fails to notify the employee of the employees right to take a break or requires an employee to work without a meal or rest period. The bill would also authorize an employee working from home to received legally required notices and postings electronically and sign certain documents electronically.Existing law requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties, or of their obedience to the directions of the employer.This bill would require an employer, unless the employer provides the equipment, to indemnify an employee working from home for all physical equipment necessary to perform the employees work duties. The bill would require an employer to indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties, as provided.Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.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. This act shall be known, and may be cited, as the Telecommuting Act.SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation.SEC. 3. Section 2802.2 is added to the Labor Code, to read:2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section.SECTION 1.The Legislature finds and declares all of the following:(a)San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b)San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c)Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d)San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e)Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f)In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g)As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h)In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i)This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.SEC. 2.Section 5002.9 is added to the Public Resources Code, to read:5002.9.(a)For purposes of this section, the following definitions apply:(1)Avoidance area means the lands encompassed within the avoidance area as defined in the consent decree.(2)Consent decree means the judgment confirming and implementing the settlement agreement entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370.(3)Protective agreement means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree.(4)Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5)San Onofre State Beach means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach.(b)Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area.(c)The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement.(d)(1)Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard and Donna ONeill Conservancy.(2)This subdivision does not apply to the construction, funding, approval, or authorization of any of the following:(A)Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach.(B)Any new road by the Richard and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C)Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic.(D)Any proposed widening of Interstate 5 as it existed on January 1, 2020.(e)This section does not limit the authority of the federal government to construct roads within Camp Pendleton. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 29, 2020 Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 5002.9 to the Public Resources Code, relating to public resources. 2802.2 to, and to add Part 4.6 (commencing with Section 1460) to Division 2 of, the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction. Employment: Telecommuting Act.Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.This bill, among other things, would authorize any employee working from home who is not under the physical control of the employer to choose when to take any meal or rest period during the workday. The bill would require an employer to pay one additional hour of pay if the employer fails to notify the employee of the employees right to take a break or requires an employee to work without a meal or rest period. The bill would also authorize an employee working from home to received legally required notices and postings electronically and sign certain documents electronically.Existing law requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties, or of their obedience to the directions of the employer.This bill would require an employer, unless the employer provides the equipment, to indemnify an employee working from home for all physical equipment necessary to perform the employees work duties. The bill would require an employer to indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties, as provided.Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 29, 2020 Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 23, 2020 | |
| 8 | 7 | Amended IN Senate June 29, 2020 | |
| 9 | 8 | Amended IN Senate June 12, 2019 | |
| 10 | 9 | Amended IN Assembly April 04, 2019 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 1492 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Member Boerner Horvath | |
| 21 | 20 | February 22, 2019 | |
| 22 | 21 | ||
| 23 | - | An act to add Section 2802.2 to, and to add Part 4.6 (commencing with Section 1460) to Division 2 of, the Labor Code, relating to employment. | |
| 22 | + | An act to add Section 5002.9 to the Public Resources Code, relating to public resources. 2802.2 to, and to add Part 4.6 (commencing with Section 1460) to Division 2 of, the Labor Code, relating to employment. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | - | AB 1492, as amended, Boerner Horvath. Employment: Telecommuting Act. | |
| 28 | + | AB 1492, as amended, Boerner Horvath. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction. Employment: Telecommuting Act. | |
| 30 | 29 | ||
| 31 | - | Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.This bill, among other things, would authorize any | |
| 30 | + | Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.This bill, among other things, would authorize any employee working from home who is not under the physical control of the employer to choose when to take any meal or rest period during the workday. The bill would require an employer to pay one additional hour of pay if the employer fails to notify the employee of the employees right to take a break or requires an employee to work without a meal or rest period. The bill would also authorize an employee working from home to received legally required notices and postings electronically and sign certain documents electronically.Existing law requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties, or of their obedience to the directions of the employer.This bill would require an employer, unless the employer provides the equipment, to indemnify an employee working from home for all physical equipment necessary to perform the employees work duties. The bill would require an employer to indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties, as provided.Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions. | |
| 32 | 31 | ||
| 33 | 32 | Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. | |
| 34 | 33 | ||
| 35 | - | This bill, among other things, would authorize any | |
| 34 | + | This bill, among other things, would authorize any employee working from home who is not under the physical control of the employer to choose when to take any meal or rest period during the workday. The bill would require an employer to pay one additional hour of pay if the employer fails to notify the employee of the employees right to take a break or requires an employee to work without a meal or rest period. The bill would also authorize an employee working from home to received legally required notices and postings electronically and sign certain documents electronically. | |
| 36 | 35 | ||
| 37 | 36 | Existing law requires an employer to indemnify an employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of their duties, or of their obedience to the directions of the employer. | |
| 38 | 37 | ||
| 39 | - | This bill would require an employer, unless the employer provides the equipment, to reimburse or indemnify an employee working from home for all physical equipment in the home reasonably necessary to perform the employees work duties. duties, including, but not limited to, a computer, a printer, and a scanner. The bill would require an employer to reimburse or indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs internet and telephone costs to the extent those costs are necessary for performance of their work duties, as provided. The bill would prohibit an employer from retaliating against an employee who seeks reimbursement or indemnification for the allowable expenses. | |
| 38 | + | This bill would require an employer, unless the employer provides the equipment, to indemnify an employee working from home for all physical equipment necessary to perform the employees work duties. The bill would require an employer to indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties, as provided. | |
| 39 | + | ||
| 40 | + | Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions. | |
| 45 | + | ||
| 46 | + | ||
| 40 | 47 | ||
| 41 | 48 | ## Digest Key | |
| 42 | 49 | ||
| 43 | 50 | ## Bill Text | |
| 44 | 51 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Telecommuting Act.SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any | |
| 52 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Telecommuting Act.SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation.SEC. 3. Section 2802.2 is added to the Labor Code, to read:2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section.SECTION 1.The Legislature finds and declares all of the following:(a)San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b)San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c)Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d)San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e)Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f)In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g)As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h)In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i)This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.SEC. 2.Section 5002.9 is added to the Public Resources Code, to read:5002.9.(a)For purposes of this section, the following definitions apply:(1)Avoidance area means the lands encompassed within the avoidance area as defined in the consent decree.(2)Consent decree means the judgment confirming and implementing the settlement agreement entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370.(3)Protective agreement means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree.(4)Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5)San Onofre State Beach means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach.(b)Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area.(c)The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement.(d)(1)Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard and Donna ONeill Conservancy.(2)This subdivision does not apply to the construction, funding, approval, or authorization of any of the following:(A)Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach.(B)Any new road by the Richard and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C)Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic.(D)Any proposed widening of Interstate 5 as it existed on January 1, 2020.(e)This section does not limit the authority of the federal government to construct roads within Camp Pendleton. | |
| 46 | 53 | ||
| 47 | 54 | The people of the State of California do enact as follows: | |
| 48 | 55 | ||
| 49 | 56 | ## The people of the State of California do enact as follows: | |
| 50 | 57 | ||
| 51 | 58 | SECTION 1. This act shall be known, and may be cited, as the Telecommuting Act. | |
| 52 | 59 | ||
| 53 | 60 | SECTION 1. This act shall be known, and may be cited, as the Telecommuting Act. | |
| 54 | 61 | ||
| 55 | 62 | SECTION 1. This act shall be known, and may be cited, as the Telecommuting Act. | |
| 56 | 63 | ||
| 57 | 64 | ### SECTION 1. | |
| 58 | 65 | ||
| 59 | - | SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any | |
| 66 | + | SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read:PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation. | |
| 60 | 67 | ||
| 61 | 68 | SEC. 2. Part 4.6 (commencing with Section 1460) is added to Division 2 of the Labor Code, to read: | |
| 62 | 69 | ||
| 63 | 70 | ### SEC. 2. | |
| 64 | 71 | ||
| 65 | - | PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any | |
| 72 | + | PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation. | |
| 66 | 73 | ||
| 67 | - | PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any | |
| 74 | + | PART 4.6. Telecommuting Employees1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section.1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation. | |
| 68 | 75 | ||
| 69 | 76 | PART 4.6. Telecommuting Employees | |
| 70 | 77 | ||
| 71 | 78 | PART 4.6. Telecommuting Employees | |
| 72 | 79 | ||
| 73 | - | 1460. (a) Notwithstanding Section 512, any | |
| 80 | + | 1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission.(b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period.(c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section. | |
| 74 | 81 | ||
| 75 | 82 | ||
| 76 | 83 | ||
| 77 | - | 1460. (a) Notwithstanding Section 512, any | |
| 84 | + | 1460. (a) Notwithstanding Section 512, any employee who works from home and is not under the physical control of the employer may choose when to take any meal period or rest period during the workday. An employer shall notify the employee of the employees right to take a meal or rest period as provided by Section 512 of the Labor Code and wage orders of the Industrial Welfare Commission. | |
| 78 | 85 | ||
| 79 | - | (b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if | |
| 86 | + | (b) An employer shall only pay one additional hour of pay pursuant to Section 226.7 if the employer fails to notify the employee who works from home of the employees right to take a meal or rest period under this code or wage orders of the Industrial Welfare Commission, or requires an employee to work without a meal or rest period. | |
| 80 | 87 | ||
| 81 | 88 | (c) An employer shall not retaliate against any employee who exercises any rights pursuant to this section. | |
| 82 | - | ||
| 83 | - | (d) Except for the timing of when meal periods and rest periods occur as set forth in subdivision (a), this section does not supersede the responsibility of employers to relieve their employees of all duty, to relinquish control over their activities, to permit them a reasonable opportunity to take uninterrupted breaks, and to not impede or discourage them from doing so, as set forth in Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1040. | |
| 84 | 89 | ||
| 85 | 90 | 1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically.(b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation. | |
| 86 | 91 | ||
| 87 | 92 | ||
| 88 | 93 | ||
| 89 | 94 | 1461. (a) Any employee who works from home and is not at the physical location of the employer may receive all required notices and postings under this code electronically. | |
| 90 | 95 | ||
| 91 | 96 | (b) Any employee who works from home and is not at the physical location of the employer may utilize an electronic signature for any employment-related documents that require acknowledgment of receipt or attestation. | |
| 92 | 97 | ||
| 93 | - | SEC. 3. Section 2802.2 is added to the Labor Code, to read:2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment | |
| 98 | + | SEC. 3. Section 2802.2 is added to the Labor Code, to read:2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section. | |
| 94 | 99 | ||
| 95 | 100 | SEC. 3. Section 2802.2 is added to the Labor Code, to read: | |
| 96 | 101 | ||
| 97 | 102 | ### SEC. 3. | |
| 98 | 103 | ||
| 99 | - | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment | |
| 104 | + | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section. | |
| 100 | 105 | ||
| 101 | - | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment | |
| 106 | + | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section. | |
| 102 | 107 | ||
| 103 | - | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment | |
| 108 | + | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer.(b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties.(c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section. | |
| 104 | 109 | ||
| 105 | 110 | ||
| 106 | 111 | ||
| 107 | - | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment | |
| 112 | + | 2802.2. (a) An employer shall indemnify an employee who works from home for all physical equipment necessary to perform the employees work duties, unless the equipments is provided by the employer. | |
| 108 | 113 | ||
| 109 | - | (b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy | |
| 114 | + | (b) An employer shall indemnify an employee who works from home for a reasonable percentage of the employees monthly internet, telephone, and energy costs to the extent those costs are necessary for performance of their work duties. | |
| 110 | 115 | ||
| 111 | - | (c) In lieu of reimbursing | |
| 116 | + | (c) In lieu of reimbursing an employee for the exact costs, an employer may provide the employee with a monthly voucher the amount of which is based upon an employees reasonable estimate of the reimbursable expenses provided for pursuant to this section. | |
| 112 | 117 | ||
| 113 | - | (d) An employer may require an employee to provide documentation to support the employees reasonable estimate of reimbursable expenses or request for indemnification. | |
| 114 | 118 | ||
| 115 | - | (e) An employer shall not retaliate against an employee who seeks reimbursement or indemnification of any expenses pursuant to this section. | |
| 116 | 119 | ||
| 117 | - | (f) This section does not supersede any employee rights provided under Section 2802 of the Labor Code. | |
| 120 | + | The Legislature finds and declares all of the following: | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (a)San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year. | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (b)San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy. | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (c)Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy. | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (d)San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA. | |
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (e)Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (f)In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (g)As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy. | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (h)In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (i)This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy. | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (a)For purposes of this section, the following definitions apply: | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (1)Avoidance area means the lands encompassed within the avoidance area as defined in the consent decree. | |
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (2)Consent decree means the judgment confirming and implementing the settlement agreement entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370. | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (3)Protective agreement means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (4)Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019. | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | (5)San Onofre State Beach means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach. | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | ||
| 188 | + | (b)Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area. | |
| 189 | + | ||
| 190 | + | ||
| 191 | + | ||
| 192 | + | (c)The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | (d)(1)Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard and Donna ONeill Conservancy. | |
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (2)This subdivision does not apply to the construction, funding, approval, or authorization of any of the following: | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (A)Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach. | |
| 205 | + | ||
| 206 | + | ||
| 207 | + | ||
| 208 | + | (B)Any new road by the Richard and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy. | |
| 209 | + | ||
| 210 | + | ||
| 211 | + | ||
| 212 | + | (C)Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic. | |
| 213 | + | ||
| 214 | + | ||
| 215 | + | ||
| 216 | + | (D)Any proposed widening of Interstate 5 as it existed on January 1, 2020. | |
| 217 | + | ||
| 218 | + | ||
| 219 | + | ||
| 220 | + | (e)This section does not limit the authority of the federal government to construct roads within Camp Pendleton. |