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Assembly Bill 1865 (Floyd – 1985)

Chapter 785, Statutes of 1985

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Labor Code section 204 was amended in 1985 following legislative approval of Assembly Bill 1865, which affected this section only.  (See Exhibit #1c)  Assembly member Richard Floyd introduced Assembly Bill 1865 on March 7, 1985.  (See Exhibit #1a)  Assembly member Floyd served as chair of the Assembly Committee on Labor and Employment at this time.  (See Exhibits #3a and #3b)    

During legislative consideration, the bill was heard by the Assembly Committee on Labor and Employment, the Assembly Committee on Ways and Means, the Senate Committee on Industrial Relations, and the Senate Committee on Appropriations.  (See Exhibits #2, #3, #4, and #8)  This bill was amended only once, in the Assembly on May 6, 1985.  (See Exhibit #1b)  Following unanimous passage by the Assembly and the Senate, Assembly Bill 1865 was signed by Governor Edmund G. Brown, Jr.  (See Exhibits #2 and #12)  The Secretary of State recorded the measure as Chapter 785 of the Statutes of 1985.  (See Exhibits #1c and #2) 

An Enrolled Bill Report by the Department of Industrial Relations summarized the final version of Assembly Bill 1865, stating:

This bill would extend the time within which employers are required to pay overtime wages from the next regular payday to the payday for the next regular payroll period. 

. . .

This bill would allow employers to compute and pay unscheduled or emergency overtime at the end of the next regular payroll period, rather than on the next regular designated payday.  This requirement is burdensome to employers.  This bill would alleviate that burden on employers with a minimum of inconvenience to employees.  It would also clarify for all employers and for the Division of Labor Standards Enforcement when overtime wages are due and payable. 

The bill would not affect employees who are covered by collective bargaining agreements when such agreement specify [sic] when overtime is to be paid.
(See Exhibit #10, document PE-4)