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ASSEMBLY BILL 60 (KNOX 1999)

CHAPTER 134, STATUTES OF 1999

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Labor Code sections 510, 554, 556, and 1182.1 were amended, Labor Code sections 500, 511, 512, 513, 514, 515, 516, 517, and 558 were enacted, Labor Code section 1183.5 was repealed, and Labor Code sections 1182.2, 1182.3, 1182.9, and 1182.10 were amended and repealed following legislative approval of Assembly Bill 60.  (See Exhibit A, #1i)  This bill was introduced by Assembly member Wally Knox on December 7, 1998.  (See Exhibit A, #1a)  The legislation was known as “Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999.”  (See Exhibit A, #1i)  

 

Assembly Bill 60 was assigned to the Assembly Committee on Labor and Employment and the Senate Committee on Industrial Relations where policy issues raised by the bill were considered.  (See Exhibit A, #2, #3 and #9)  The fiscal ramifications of the bill were considered by the Assembly and Senate Committees

on Appropriations.  (See Exhibit A, #2, #5 and #11)  Seven amendments were made to Assembly Bill 60 as it was considered by the Legislature.  (See Exhibit A, #1b though #1h and #2)  Subsequent to legislative approval, Governor Gray Davis signed the bill on July 20, 1999, and it was recorded by the Secretary of State the following day as Chapter 134 of the Statutes of 1999.  (See Exhibit A, #1i and #2)

 

The Senate Committee on Industrial Relations analysis of the bill as amended May 27th stated that the purpose of this measure was to “establish a statutory framework for daily overtime compensation.”  (See Exhibit A, #9b, page 5)

 

The Assembly Committee on Labor and Employment produced a Third Reading analysis of Assembly Bill 60 as amended April 26, 1999 that described the bill more specifically as follows:

 

1)         Codifies the payment of daily overtime compensation at a rate of one and one half (1½) times regular pay after eight hours of daily work and 40 hours of weekly work; at a rate of twice regular pay after 12 hours of daily work and eight hours of work on the seventh day of any workweek.

 

This bill deletes the authority of parties to a contract to otherwise expressly stipulate the number of hours that constitute a day’s work.

 

2)         Establishes a procedure for an employer to propose an alternative workweek schedule or a menu of alternative workweek schedules, which may be approved by a 2/3 vote of affected employees.  An alternative workweek schedule established pursuant to this procedure could allow up to 10 hours of daily work before overtime compensation is required.

 

. . .

 

3)         Establishes that within a workweek, an employee may, with the consent of an employer, take up to four hours time off work for a personal obligation, and then make up the lost time on other days without payment of daily overtime compensation for the extra hours worked on the makeup day(s).

 

4)         Requires the Industrial Welfare Commission (IWC) to adopt WOs consistent with this act without convening wage boards.  This bill provides that such WOs are final and conclusive for all purposes.

 

. . .

 

5)         Exempts from overtime premium pay requirements employees who are covered by a collective bargaining agreement which meets specified criteria.

(See Exhibit A, #7a, pages 1 and 2)