California 2021-2022 Regular Session

California Assembly Bill AB1028

Introduced
2/18/21  
Introduced
2/18/21  
Refer
3/4/21  
Refer
3/4/21  
Failed
2/1/22  

Caption

Telework Flexibility Act.

Impact

The proposed amendments will alter existing labor codes regarding meal and rest periods, particularly for employees not under the physical control of their employer. By allowing workers to opt for longer workdays up to 10 hours without incurring overtime, the bill seeks to facilitate more productive and flexible work arrangements. This change could potentially optimize workflow but may raise concerns about employee work-life balance and the potential for exploitation as the separation between work and personal time blurs further.

Summary

Assembly Bill 1028, also known as the Telework Flexibility Act, aims to amend California's labor laws to accommodate the growing trend of remote work. The bill focuses on nonexempt employees working from home, allowing them the flexibility to choose their meal and rest periods during the workday if the employer has not proactively scheduled these breaks. This empowerment of employee choice is crucial as many employees have transitioned to remote work due to the COVID-19 pandemic, positioning the bill as a response to the changing nature of work engagement.

Contention

The bill may face debate surrounding the implications of relaxing regulations on employee work hours and break times, particularly concerning the legal restrictions previously in place to protect employee welfare. Critics may argue that the allowance for extended work hours sans overtime could encourage employers to overburden employees, compromising essential rest periods. Moreover, the provision that bars recovery of civil penalties related to meal and rest breaks during remote work conditions may lead to contentious discussions about employee rights and the responsibilities of employers during pandemic-related flexible work arrangements.

Companion Bills

No companion bills found.

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