Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999
© 1999, Elliott Myles, Esq., The Castleman Law Firm
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| AB 60 | |
| Covered Employees | All non-exempt employees working more than a 6-hour day, 30-hour week. §13 (Lab C 556) |
| New Definition: "Salaried, Non-Exempt Full-Time Employees" | |
| Exempt Employees | |
| General | Exemptions based on Wage Orders in effect before 1/1/1998, except as noted below |
| Ski Industry | Separate rule until 7/1/2000 unless new action taken . § 11 (Lab. C. § 517(b)). |
| Commercial Fishing Industry | Exempt until 7/1/2000 unless new action taken . § 11 (Lab. C. § 517(b)); § 14 (Lab C 1182.3. |
| Health Care Industry | Separate rule until 7/1/2000 unless new action taken . § 11 (Lab. C. § 517(b)). |
| Stable Employees in Horse racing | Separate rule until 7/1/2000 unless new action taken . § 11 (Lab. C. § 517(b)). |
| Licensed Pharmacists | Same unless modified by 7/1/2000. § 11 (Lab. C. § 517(c)). |
| Outside Salespersons | Same unless modified by 7/1/2000 . § 11 (Lab. C. § 517(d)). |
| "Cases of Emergency" | Exempt. §12(Lab C §554) |
| "Work performed in the protection of life or property" | Exempt. §12(Lab C §554) |
| Common Carrier connected with Trains | Exempt. §12(Lab C §554) |
| Agricultural Occupation | Exempt under Wage Order 14-80 (operative 1/1/98). §12(Lab C §554) |
| Collective Bargaining Agreement | Exempt if CBA provides for overtime and a regular wage not less than 30% more than state minimum wage Exempt. §12(Lab C §554) |
| White Collar Employees | Same until 7/1/2000, when exempt if 51% of duties are exempt in nature and monthly salary is at least twice state minimum wage (ie $23,920 p.a.) |
| Contractors | AB60 does not provide an exemption for contractors. |
| Overtime | Time-and-a-half for each hour over 8 hours per day and 40 hours per week |
| Time-and-a-half for first 8 hours on the "seventh day" of the workweek | |
| Double-time for each hour over 12 hours per day | |
| Double-time for each hour over 8 hours on the "seventh day" of the workweek | |
| Stable Employees | Until 7/1/2000: Time-and-a-half for each hour over 10 hours per day and 56 hours per week. §19 (Lab C § 1182.10) |
| Ski Establishment | Until 7/1/2000: Time-and-a-half for each hour over 56 hours per week during months of operation. §16 (Lab C 1182.2) |
| Licensed Hospital | Until 7/1/2000: 3 12-hour days permissible. § 18 (Lab C § 1182.9) |
| Alternative Workweek Schedule | |
| Maximum Hours | Maximum of four 10-hour days per week (except for licensed hospital workers) |
| Election | Requires 2/3 vote of affected employees by secret ballot |
| No vote necessary if CBA and wage is 30% more than state minimum wage rate | |
| Time Limitations | No mandatory ending date |
| Invalid Election | Failure to follow voting procedure may invalidate election allowing backpay |
| Overtime | Time-and-a-half for each hour for first 8 hours not covered by schedule |
| Double-time for each hour over 8 hours per day not covered by schedule | |
| Other Requirements | Employer must reasonably accommodate (a) eligible employees unable to work schedule; (b) religious beliefs; (c) later-hired employees |
| Employers prohibited from reducing wage rates based on schedule | |
| Employer must report schedule to DLSR within 30 days of final result of vote | |
| Specific "grandfather" and transition provisions for existing schedules | |
| Make-Up Time | |
| When Time Can Be Made Up | Lost time at straight pay can be made up within same 7-day workweek |
| Make-Up Time / Overtime | Overtime paid after 11 hours per day and 40 hours per week |
| Other Requirements | Employee must request make up time in writing |
| Employer must approve make up time | |
| Employer may not encourage or solicit employee to make up time | |
| Meal Times | 30 minutes per day for first 5 hours worked |
| First 30-minute period may be waived if employee works less than 6 hours | |
| Second 30-minute period for more than 10 hours per day | |
| Second 30-minute period may be waived if employee works less than 12 hours and did not waive first meal period | |
| Penalties | Employer and payroll personnel liable for violations |
| $50 per employee first offense plus amount owed to employee | |
| $100 per employee second offence plus amount owed to employee | |
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