Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. 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, until January 1, 2026, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.

This bill would extend that exemption indefinitely. The bill would specify that the exemption also applies to employees who hold a safety-sensitive position at a refinery that produces fuel through the processing of alternative feedstock.

Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. 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, until January 1, 2026, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.

This bill would extend that exemption indefinitely. The bill would specify that the exemption also applies to employees who hold a safety-sensitive position at a refinery that produces fuel through the processing of alternative feedstock.

Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. 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, until January 1, 2026, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.

This bill would extend that exemption indefinitely. The bill would specify that the exemption also applies to employees who hold a safety-sensitive position at a refinery that produces fuel through the processing of alternative feedstock.

Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. 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, until January 1, 2026, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.

This bill would extend that exemption indefinitely.

 CONSENT  

Bill No: AB 751

Author: Gipson (D)

Amended: 3/26/25 in Assembly

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/11/25

AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo, Laird

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 69-0, 5/8/25 (Consent) - See last page for vote

SUBJECT: Rest periods: petroleum facilities: safety-sensitive positions

SOURCE: Author

DIGEST:

This bill (1) permanently exempts employees holding safety-sensitive positions at a petroleum facility who are covered by a valid collective bargaining agreement (CBA) from the requirement that that employees be relieved of all duties during rest periods. This bill also (2) applies the exemption to the same positions at other refineries, as defined.

ANALYSIS:

Existing law:

1. Creates the Industrial Welfare Commission (IWC), which promulgates industry-specific wage orders that set the wages, hours, and working conditions of employees. The IWC wage orders have the force of regulation and are enforced by Division of Labor Standards Enforcement. (Labor Code §§70, 1173, 1177, 1195 & 1197)
2. Prohibits, with certain exemptions, an employer from employing a worker without providing a meal period as follows:
   1. 30 minutes every 5 hours, except if the total work period is no more than 6 hours, the meal period may be waived by mutual consent.
   2. A second 30 minute meal period if working more than 10 hours a day, except if the work period is no more than 12 hours, the second meal period may be waived by mutual consent, but only if the first was not waived. (Labor Code §512)
3. 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 IWC, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. (Labor Code §226.7(b))
4. Requires an employer who fails to provide an employee a meal or rest or recovery period to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided. (Labor Code §226.7(c))
5. Provides that every employee must be authorized to take a ten minute break for every 4 hours worked, or significant fraction thereof. (IWC Wage Order 1)
6. Exempts, until January 1, 2026, employees holding safety-sensitive positions at a petroleum facility, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies, from the requirement that employees be relieved of all duties during rest periods. (Labor Code §226.75(a))
7. Provides that the exemption in 6), above, only applies if the following conditions are satisfied:

1. The employee is subject to IWC Wage Order No. 1.
2. The employee is covered by a valid CBA.
3. The valid CBA expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (Labor Code §226.75(e-f))
4. Requires the provision of another rest period in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employee’s regular rate of pay for the missed rest period. (Labor Code §226.75(b))
5. Defines “safety-sensitive” position to mean a job in which the employee’s job duties reasonably include responding to emergencies at a petroleum facility. (Labor Code §226.75(d)(2))
6. Defines “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock. (Labor Code §7853(c))

This bill:

1. Removes the January 1, 2026 sunset date for the above-described exemption, thus making it permanent.
2. Provides that the exemption also applies to employees holding safety-sensitive positions at “other refineries,” as specified.
3. Defines “other refineries” as an establishment that produces fuel through the processing of alternative feedstock as described in subdivision (c) of Labor Code Section 7853.

Background

In California, most workers receive the following breaks: an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working more than twelve hours in a day, and a paid ten-minute rest period for every four hours worked or major fraction thereof. As noted under existing law, an employer is prohibited from requiring an employee to work during a meal or rest or recovery period that is mandated pursuant to statute, or applicable regulation, standard, or order of the IWC, the Occupational Safety and Health Board, or the Division of Occupational Safety and Health. If an employer fails to provide a required meal or rest or recovery period, the employer must pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.

In 2016, the California Supreme Court held in Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269 that during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time. This includes requiring an employee to maintain radio communication. In response to Augustus, the Legislature has approved narrow exemptions from meal and rest period law. These exemptions recognize the unique nature of some occupations and the occasional need for industry specific provisions to facilitate compliance. Employees holding safety-sensitive positions at a petroleum facility, as specified, first received an exemption from the requirement that employees be relieved of all duties during rest periods in AB 2605 (Gipson, Chapter 584, Statutes of 2018). Later, AB 2479 (Gipson, Chapter 349, Statutes of 2020), extended the exemption until January 1, 2026. To qualify, a safety-sensitive employee must 1) be subject to IWC Wage Order No. 1, 2) be covered by a valid CBA, and 3) have a CBA that expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

AB 751 removes the January 1, 2026 sunset date for the above-described exemption, thus making it permanent. This bill would also apply the same exemption to employees holding safety-sensitive positions at establishments that produce fuel through the processing of alternative feedstock.

Related/ Prior Legislation

SB 693 (Cortese, 2025) would exempt water corporation employees covered by a valid collective bargaining agreement, as specified, from the general prohibition on an employer from employing an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes. This measure is pending in the Assembly Labor and Retirement Committee.

AB 3258 (Bryan, Chapter 978, Statutes of 2024) among other things, expanded the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by removing references in existing law to “petroleum” refineries and defining “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.

SB 41 (Cortese, Chapter 2, Statutes of 2023) provided an exemption from meal and rest period requirements for airline cabin crew employees that are covered by a valid collective bargaining agreement meeting specified conditions.

AB 2479 (Gipson, Chapter 349, Statutes of 2020) extended the sunset on the exemption from rest period requirements for certain employees holding safety-sensitive positions at a petroleum facility and covered by a valid collective bargaining agreement until January 1, 2026, as specified.

AB 2605 (Gipson, Chapter 584, Statutes of 2018) exempted from rest period requirements certain employees holding safety-sensitive positions at a petroleum facility and covered by a valid collective bargaining agreement until January 1, 2021, as specified

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/23/25)

California Chamber of Commerce

California Asphalt Pavement Association

State Building and Construction Trades Council of California

United Steelworkers District 12

Western States Petroleum Association

OPPOSITION: (Verified 6/23/25)

None received

ARGUMENTS IN SUPPORT:

According to the State Building and Construction Trades Council of California:

“Our skilled and trained members work to keep our in-state refineries operating safely and, in doing so, keep the communities that host these industrial facilities safe. Labor Code Section 226.75 provides a narrow exemption from the requirement that employees must be relieved of all duties during rest periods only to the extent that the employee holds a safety-sensitive position at a petroleum facility and the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies or is required to remain on employer premises to monitor for and respond to emergencies. As our members are committed to ensuring their workplaces and communities are safe, we continue to support the policy behind Labor Code Section 226.75 and, as such, support the deletion of the sunset.”

ASSEMBLY FLOOR: 69-0, 5/8/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Caloza, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Arambula, Boerner, Carrillo, Flora, Gallagher, Jeff Gonzalez, Irwin, Celeste Rodriguez, Sanchez, Wallis

Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556

6/26/25 9:03:01

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2025 - 2026 Regular

Bill No: AB 751 Hearing Date: June 11, 2025

SUBJECT: Rest periods: petroleum facilities: safety-sensitive positions

KEY ISSUE

This bill permanently exempts employees holding safety-sensitive positions at a petroleum facility who are covered by a valid collective bargaining agreement (CBA) from the requirement that that employees be relieved of all duties during rest periods. This bill also applies the exemption to the same positions at other refineries, as defined.

ANALYSIS

Existing law:

1. Creates the Industrial Welfare Commission (IWC), which promulgates industry-specific wage orders that set the wages, hours, and working conditions of employees. The IWC wage orders have the force of regulation and are enforced by Division of Labor Standards Enforcement. (Labor Code §§70, 1173, 1177, 1195 & 1197)
2. Prohibits, with certain exemptions, an employer from employing a worker without providing a meal period as follows:
   1. 30 minutes every 5 hours, except if the total work period is no more than 6 hours, the meal period may be waived by mutual consent.
   2. A second 30 minute meal period if working more than 10 hours a day, except if the work period is no more than 12 hours, the second meal period may be waived by mutual consent, but only if the first was not waived.

(Labor Code §512)

1. 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 IWC, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health. (Labor Code §226.7(b))
2. Requires an employer who fails to provide an employee a meal or rest or recovery period to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided. (Labor Code §226.7(c))
3. Provides that every employee must be authorized to take a ten minute break for every 4 hours worked, or significant fraction thereof. (IWC Wage Order 1)
4. Exempts, until January 1, 2026, employees holding safety-sensitive positions at a petroleum facility, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies, from the requirement that employees be relieved of all duties during rest periods. (Labor Code §226.75(a))
5. Provides that the exemption in 6), above, only applies if the following conditions are satisfied:
6. The employee is subject to IWC Wage Order No. 1.
7. The employee is covered by a valid CBA.
8. The valid CBA expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

(Labor Code §226.75(e-f))

1. Requires the provision of another rest period in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employee’s regular rate of pay for the missed rest period. (Labor Code §226.75(b))
2. Defines “safety-sensitive” position to mean a job in which the employee’s job duties reasonably include responding to emergencies at a petroleum facility. (Labor Code §226.75(d)(2))
3. Defines “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock. (Labor Code §7853(c))

This bill:

1. Removes the January 1, 2026 sunset date for the above-described exemption, thus making it permanent.
2. Provides that the exemption also applies to employees holding safety-sensitive positions at “other refineries,” as specified.
3. Defines “other refineries” as an establishment that produces fuel through the processing of alternative feedstock as described in subdivision (c) of Labor Code Section 7853.

COMMENTS

1. Background:

In California, most workers receive the following breaks: an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working more than twelve hours in a day, and a paid ten-minute rest period for every four hours worked or major fraction thereof. As noted under existing law, an employer is prohibited from requiring an employee to work during a meal or rest or recovery period that is mandated pursuant to statute, or applicable regulation, standard, or order of the IWC, the Occupational Safety and Health Board, or the Division of Occupational Safety and Health. If an employer fails to provide a required meal or rest or recovery period, the employer must pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.

In 2016, the California Supreme Court held in Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269 that during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time. This includes requiring an employee to maintain radio communication. In response to Augustus, the Legislature has approved narrow exemptions from meal and rest period law. These exemptions recognize the unique nature of some occupations and the occasional need for industry specific provisions to facilitate compliance. Employees holding safety-sensitive positions at a petroleum facility, as specified, first received an exemption from the requirement that employees be relieved of all duties during rest periods in AB 2605 (Gipson, Chapter 584, Statutes of 2018). Later, AB 2479 (Gipson, Chapter 349, Statutes of 2020), extended the exemption until January 1, 2026. To qualify, a safety-sensitive employee must 1) be subject to IWC Wage Order No. 1, 2) be covered by a valid CBA, and 3) have a CBA that expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

AB 751 would remove the January 1, 2026 sunset date for the above-described exemption, thus making it permanent. The bill would also apply the same exemption to employees holding safety-sensitive positions at establishments that produce fuel through the processing of alternative feedstock.

2. Need for this bill?

According to the author:

“This measure provides a specific statutory process for employees in safety sensitive positions to follow during rest breaks, if they are covered by a valid collective bargaining agreement. Specifically, this measure allows safety sensitive position employees to maintain radio communication during rest breaks in order to respond to an emergency, should one occur.

If an employee’s rest break is interrupted for emergency purposes, the employer must provide a rest break as soon as the circumstances that caused the interruption has passed. If a subsequent rest break is not provided, the employer must pay the employee one hour, at the employee’s regular rate of pay for the missed rest period. The provisions of this bill are only applicable if the employee is covered by a valid collective bargaining agreement.”

3. Proponent Arguments:

According to the State Building and Construction Trades Council of California:

“Our skilled and trained members work to keep our in-state refineries operating safely and, in doing so, keep the communities that host these industrial facilities safe. Labor Code Section 226.75 provides a narrow exemption from the requirement that employees must be relieved of all duties during rest periods only to the extent that the employee holds a safety-sensitive position at a petroleum facility and the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies or is required to remain on employer premises to monitor for and respond to emergencies. As our members are committed to ensuring their workplaces and communities are safe, we continue to support the policy behind Labor Code Section 226.75 and, as such, support the deletion of the sunset.”

The California Chamber of Commerce and the Western States Petroleum Association also support the bill, arguing:

“AB 751 is essential to the safety culture of the oil and gas industry by requiring exempt employees who are covered by a collective bargaining agreement and hold a safety sensitive position at petroleum and renewable diesel facilities to monitor their radios during rest and recovery period. This law has been in practice since 2018 and was reauthorized by the legislature in 2020.

AB 751 is critical to ensure the safety of employees and the surrounding communities of petroleum facilities.”

4. Opponent Arguments:

None received.

5. Prior Legislation:

SB 693 (Cortese, 2025) would exempt water corporation employees covered by a valid collective bargaining agreement, as specified, from the general prohibition on an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes. This measure is pending in the Assembly Labor and Retirement Committee.

AB 3258 (Bryan, Chapter 978, Statutes of 2024) among other things, expanded the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by removing references in existing law to “petroleum” refineries and defining “refinery” as an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock.

SB 41 (Cortese, Chapter 2, Statutes of 2023) provided an exemption from meal and rest period requirements for airline cabin crew employees that are covered by a valid collective bargaining agreement meeting specified conditions.

AB 2479 (Gipson, Chapter 349, Statutes of 2020) extended the sunset on the exemption from rest period requirements for certain employees holding safety-sensitive positions at a petroleum facility and covered by a valid collective bargaining agreement until January 1, 2026, as specified.

AB 2605 (Gipson, Chapter 584, Statutes of 2018) exempted from rest period requirements certain employees holding safety-sensitive positions at a petroleum facility and covered by a valid collective bargaining agreement until January 1, 2021, as specified

SUPPORT

California Chamber of Commerce

State Building and Construction Trades Council of California

United Steelworkers District 12

Western States Petroleum Association

OPPOSITION

None received

-- END --

Date of Hearing: April 30, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 751

Author:(Gipson) – As Amended Ver:March 26, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill permanently exempts certain safety-sensitive positions at petroleum facilities from rest period requirements.

Specifically, this bill:

1. Repeals the January 1, 2026, sunset date of an exemption from rest period requirements for certain employees who hold a safety-sensitive position at a petroleum facility, to the extent the employee is required to carry and monitor a communication device and respond to emergencies and the employee is covered by a valid collective bargaining agreement (CBA).
2. Provides that the exemption also applies to an employee who holds a safety-sensitive position at a refinery producing fuel through the processing of alternative feedstock.

FISCAL EFFECT:

Negligible costs to the Department of Industrial Relations.

COMMENTS:

1. Purpose. According to the author:

[AB] 751 simply removes the sunset, after this policy had been in place since 2018, which exempts specified employees who hold a safety-sensitive position at a petroleum facility from the requirements of the Supreme Court decision. The prior measures to establish this policy, AB 2605 (2018) and AB 2479 (2020), have created a structure that enhances facility protections while ensuring that employees are protected by making these policies contingent on the employees being covered by valid [CBAs].

This bill is supported by United Steelworkers District 12 and the Western States Petroleum Association, as well as other labor and business groups.

1. “On-call” Rest Breaks. In December 2016, the California Supreme Court ruled in Augustus v. ABM Security Services, Inc. that employers cannot require an employee to take an “on-call” rest break under existing state law. This ruling had a significant impact on facilities that rely on certain employees to monitor radios during rest breaks to respond to an emergency.

Following the Augustus ruling, AB 2605 (Gipson), Chapter 584, Statutes of 2018, exempted, until January 1, 2021, certain safety-sensitive positions at petroleum facilities from rest period requirements if the employee was required to carry and monitor a radio to immediately respond to an unplanned event, given the nature of petroleum facilities and the critical nature of such infrastructure. AB 2479 (Gipson), Chapter 349, Statutes of 2020, extended the sunset date until January 1, 2026. This bill repeals the sunset date, thus making the exemption permanent.

1. Prior Legislation. AB 3258 (Bryan), Chapter 978, Statutes of 2024, removed references in existing law to “petroleum” refineries and defined a “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel, through the processing of crude oil or alternative feedstock.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: April 2, 2025

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Liz Ortega, Chair

ABPCA Bill Id:AB 751 (

Author:Gipson) – As Amended Ver:March 26, 2025

SUBJECT: Rest periods: petroleum facilities: safety-sensitive positions

SUMMARY: Makes permanent the exemption from state law rest period requirements certain safety-sensitive positions at petroleum facilities covered by a valid collective bargaining agreement (CBA) that provides for rest periods and applies the exemption to the same positions at other refineries, as defined. Specifically, this bill:

1. Defines “other refinery” as an establishment that produces fuel through the processing of alternative feedstock as described in subdivision (c) of Labor Code Section 7853.

EXISTING LAW:

1. Prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Labor Code §226.7(b).
2. 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 employee’s regular rate of compensation for each workday that the meal or rest or recovery period was not provided, with specified exemptions. Labor Code §226.7(c).
3. Exempts, until January 1, 2026, from the rest period requirements, employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies. Labor Code §226.75(a).
4. Requires the provision of another rest period in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employee’s regular rate of pay for the missed rest period. Labor Code §226.75(b).
5. States that the exemption in 3) only applies if the following conditions are satisfied:
   1. The employee is covered by a valid CBA.
   2. The valid CBA expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. Labor Code §226.75(f)(1-2).
6. Defines “safety-sensitive” position to mean a job in which the employee’s job duties reasonably include responding to emergencies at a petroleum facility. Labor Code §226.75(d)(2).
7. Defines “refinery” to mean an establishment that produces gasoline, diesel fuel, aviation fuel, or biofuel through the processing of crude oil or alternative feedstock. Labor Code §7853(c).

FISCAL EFFECT: Unknown

COMMENTS: The Legislature has taken action in a limited manner to exempt from meal and rest period law narrowly defined categories of employees in a specific industry who are unable to take meal or rest breaks due to the unique nature of their working conditions. In these cases, the exemption requires that the employees: 1) be covered by a CBA containing specific provisions related to wages and dispute resolution; and 2) be provided a remedy if they miss their meal or rest period. For example, security officers employed by a private patrol operator whose rest period is interrupted must be given an opportunity to restart the rest period as soon as practicable or be paid one additional hour of pay at their regular base hourly rate.^[1] Similarly, certain employees who provide direct patient care in hospitals, clinics, or public health settings are exempted from meal and rest periods if they are covered by a valid CBA that provides for meal and rest periods, and, if the employees do 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.^[2]

According to the author, “In December 2016, the CA Supreme Court ruled that state law requires that employees be completely relieved of work obligations during rest breaks and prohibits ‘on-duty’ and ‘on-call’ rest breaks. The ruling has significant impacts on facilities which rely on employees to keep radios with them during breaks to respond to emergencies. Radios have always been the primary means of communications during an emergency.

Given the nature of the processes at petroleum facilities, the chemicals stored on-site, and the critical nature of these facilities’ infrastructure, it is essential for an immediate and effective response to any unplanned event.

SB 751 simply removes the sunset, after this policy had been in place since 2018, which exempts specified employees who hold a safety-sensitive position at a petroleum facility from the requirements of the Supreme Court decision. The prior measures to establish this policy, AB 2605 (2018) and AB 2479 (2020), have created a structure that enhances facility protections while ensuring that employees are protected by making these policies contingent on the employees being covered by valid collective bargaining agreement.”

The author also states that the bill promotes equity solutions because it “ensures individuals in safety sensitive positions are available to respond to an emergency. Their availability and response helps protect the workers at the facility and ensuring facility safety is critical to reducing risk of any community impact.”

Arguments in Support

United Steelworkers District 12 is in support and states, “Current law allows employers to require employees holding safety-sensitive positions within petroleum facilities to be on-call and to carry instant communication devices, such as two-way radios, during rest periods. It also allows for employees to “make up” an interrupted break, or, if not a viable option, to receive an hour of pay at the employee’s current regular pay rate.

In August of 2020 this policy was originally set forth and passed into law as AB 2479, however, the existing bill will sunset in 2026. AB 751 simply seeks to correct this oversight by making the law permanent, and to provide coverage for similar workers at renewable diesel or alternative fuel facilities, thereby ensuring that technology transitions in the industry do not place workers and communities at risk by exempting similar facilities from this common-sense policy.”

Arguments in Opposition

None on file.

Related and Prior Legislation

SB 693 (Cortese) of 2025 exempts water corporation employees covered by a valid collective bargaining agreement, as specified, from the general prohibition on an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes. This measure is pending in the Senate Labor, Public Employment and Retirement Committee.

AB 2479 (Gipson) Chapter 349, Statutes of 2020 extended the sunset on the exemption for safety sensitive personnel at petroleum refineries from the “on duty” rest period requirements of a recent court case, provided that the personnel are covered by a valid collective bargaining agreement, as specified, until January 1, 2026.

AB 2605 (Gipson) Chapter 584, Statutes of 2018 exempts safety sensitive personnel at

petroleum refineries from the “on duty” rest period requirements of a recent court case,

provided that the personnel are covered by a valid collective bargaining agreement, as

specified, until January 1, 2021.

REGISTERED SUPPORT / OPPOSITION:

Support

United Steelworkers District 12

Opposition

None on file.

Analysis Prepared by: Megan Lane / L. & E. /

1. Labor Code § 226.7 (f)(1). ↑

2. Labor Code § 512.1 (d)-(e). ↑