SB 1334: Meal and rest periods: hospital employees.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-29
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would authorize these employees to waive those meal periods and would provide for on-duty meal periods, as provided by specified existing law. The bill would entitle these employees to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would authorize these employees to waive those meal periods and would provide for on-duty meal periods, as provided by specified existing law. The bill would entitle these employees to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would authorize these employees to waive those meal periods and would provide for on-duty meal periods, as provided by specified existing law. The bill would entitle these employees to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would authorize these employees to waive those meal periods and would provide for on-duty meal periods, as provided by specified existing law. The bill would entitle these employees to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one additional hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would entitle these employees to one 10-minute paid rest period for every 4 hours worked, a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period that is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would entitle these employees to one 10-minute paid rest period for every 4 hours worked, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one hour of pay at the employees regular rate of compensation for each workday that the meal or rest period that is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law makes a violation of these provisions a misdemeanor. 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.
This bill would entitle employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting directly employed by specified public sector employers to one unpaid 30-minute meal period on shifts over 5 hours and a 2nd unpaid 30-minute meal period on shifts over 10 hours, as provided by specified existing law. The bill would entitle these employees to one 10-minute paid rest period for every 4 hours worked, as provided. The bill would require these employers, if they fail to provide an employee a meal period or rest period in accordance with the bill, to pay the employee one hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided. The bill would exempt employees who are covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal period as required by the agreement, includes a prescribed monetary remedy. By establishing these requirements, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(1)The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(2)On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(b)An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order Number 4 and Wage Order Number 5 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(1)The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(2)On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(b)An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order Number 4 and Wage Order Number 5 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(1)The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(2)On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(b)An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order Number 4 and Wage Order Number 5 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one additional hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(1)The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(2)On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(b)An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order No. Number 4 and Wage Order No. Number 5 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one additional hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(b)An employee who is directly employed by an employer shall be entitled to one 10-minute paid rest period for every 4 hours worked, a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order No. 4 and Wage Order No. 5 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital hospital, clinic, or public health employees who provide direct patient care or support direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(b)An employee who is directly employed by an employer shall be entitled to one 10-minute paid rest period for every 4 hours worked, as provided by Wage Order No. 4 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one hour of pay for each meal period violation and one hour of pay for each rest period violation at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Meal and rest periods are essential worker protections that reduce accidents, improve productivity, and promote employee wellbeing.
(b)In the health care sector, fatigue can adversely impact patient care and meal and rest periods are important to ensuring quality care.
(c)Private sector hospital employees who provide direct patient care in acute care hospitals are guaranteed meal and rest periods and a remedy of one hour premium pay for missed meal and rest breaks while such employees in the public sector lack these basic protections, even though they perform the same duties.
(d)Worker health and safety and high-quality patient care are matters of statewide concern and are the basis of numerous laws and regulations.
(e)This act ensures equity in working conditions and patient care standards for hospital employees who provide direct patient care.
SEC. 2.Section 512.1 is added to the Labor Code, to read:512.1.(a)An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(b)An employee who is directly employed by an employer shall be entitled to one 10-minute paid rest period for every 4 hours worked, as provided by Wage Order No. 4 of the Industrial Welfare Commission.
(c)If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(d)This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one hour of pay at the employees regular rate of compensation for each workday that the meal or rest period is not provided.
(e)As used in this section:
(1)Employee means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)Employer means the state, political subdivisions of the state, municipalities, and the Regents of the University of California.
(3)General acute care hospital means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
|
Status
|
|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State. Chapter 845, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 29. Noes 9. Page 5338.) Ordered to engrossing and enrolling. |
| Aug 30, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 25, 2022 | Read third time and amended. |
| Aug 16, 2022 | Read second time. Ordered to third reading. |
| Aug 15, 2022 | Read second time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 11). |
| Jun 29, 2022 | June 29 set for first hearing. Placed on suspense file. |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 15). Re-referred to Com. on APPR. |
| May 27, 2022 | Referred to Com. on L. & E. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 28. Noes 9. Page 3874.) Ordered to the Assembly. |
| May 19, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 3792.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| Apr 25, 2022 | April 25 hearing: Placed on APPR suspense file. |
| Apr 14, 2022 | Set for hearing April 25. |
| Apr 13, 2022 | April 18 hearing postponed by committee. |
| Apr 8, 2022 | Set for hearing April 18. |
| Apr 6, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 5, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 3309.) (April 4). |
| Mar 29, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R. |
| Mar 2, 2022 | Referred to Com. on L., P.E. & R. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | SB 1334 Bradford Senate Third Reading By Kalra | Assembly Floor |
Passed |
|
| Aug 30, 2022 | Unfinished Business SB1334 Bradford Concurrence | Senate Floor |
Passed |
|
| May 24, 2022 | Senate 3rd Reading SB1334 Bradford | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Author
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