AB 817

Bill Subjects

Abstract

Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated by an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission (IWC) , the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, and establishes penalties for an employer's failure to provide a mandated meal or rest or recovery period. Existing wage orders of the IWC require that a rest period be counted as hours worked, for which there shall be no deduction from wages. Existing law also requires a rest or recovery period mandated pursuant to a state law to be counted as hours worked, for which there shall be no deduction from wages. This bill would permit an employer providing emergency medical services to the public to require employees to monitor and respond to pagers, radios, station alert boxes, intercoms, cell phones, or other communication methods during rest or recovery periods without penalty, to provide for the public health and welfare. The bill would require mandated rest or recovery periods interrupted for emergency response purposes to be rescheduled. The bill would state that it is declaratory of existing law.