Amended IN Senate January 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 41Introduced by Senator CorteseDecember 05, 2022 An act to add Section 226.9 to the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 41, as amended, Cortese. Meal and rest breaks: flight cabin crew employees.Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively.This bill would provide that the above-described meal and rest period requirements do not apply to a flight cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for flight cabin crew members, employees, as specified. specified, or, if the employee is organized pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by a cabin crew employee based on a claim of a meal or rest break violation.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 226.9 is added to the Labor Code, to read:226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.
Amended IN Senate January 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 41Introduced by Senator CorteseDecember 05, 2022 An act to add Section 226.9 to the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 41, as amended, Cortese. Meal and rest breaks: flight cabin crew employees.Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively.This bill would provide that the above-described meal and rest period requirements do not apply to a flight cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for flight cabin crew members, employees, as specified. specified, or, if the employee is organized pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by a cabin crew employee based on a claim of a meal or rest break violation.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate January 23, 2023
Amended IN Senate January 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 41
Introduced by Senator CorteseDecember 05, 2022
Introduced by Senator Cortese
December 05, 2022
An act to add Section 226.9 to the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 41, as amended, Cortese. Meal and rest breaks: flight cabin crew employees.
Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively.This bill would provide that the above-described meal and rest period requirements do not apply to a flight cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for flight cabin crew members, employees, as specified. specified, or, if the employee is organized pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by a cabin crew employee based on a claim of a meal or rest break violation.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires an employer to provide an employee with a meal period during a work period of more than 5 hours per day, except as prescribed. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.
Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively.
This bill would provide that the above-described meal and rest period requirements do not apply to a flight cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for flight cabin crew members, employees, as specified. specified, or, if the employee is organized pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by a cabin crew employee based on a claim of a meal or rest break violation.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 226.9 is added to the Labor Code, to read:226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 226.9 is added to the Labor Code, to read:226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.
SECTION 1. Section 226.9 is added to the Labor Code, to read:
### SECTION 1.
226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.
226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.
226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.
226.9. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to a flight cabin crew employee who is if the employee meets either of the following conditions:
(1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains a any provision addressing meal and rest periods for flight crew members. cabin crew employees.
(2) The employee is organized pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1), for, at minimum, the first 12 months of organization, or for longer than the first 12 months of organization if agreed upon in writing by the employer and the labor organization representing the employee.
(b) For purposes of this section, a collective bargaining agreement contains a any provision addressing meal and rest periods if the agreement contains a any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day.
(c) This section shall have retroactive effect to the date that an employee became covered by a collective bargaining agreement meeting the requirements of subdivision (a).
(d) This section shall not affect a settlement agreement or final judgment of any civil action brought by a cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 2.
To protect the public by avoiding disruptions to passenger air travel, it is necessary that this act take effect immediately.