Dave Cortese
- Democratic
- Senator
- District 15
Author
Existing law provides that 8 hours of labor constitute a day's work unless it is otherwise expressly stipulated in a collective bargaining agreement, and requires that any work in excess of specified hours in one workday or one workweek be compensated at a rate higher than the regular rate of pay for the employee, as specified. Existing law authorizes, upon the proposal of an employer, employees of an employer to adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation, as specified. Existing law prohibits 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, as specified, but, notwithstanding these provisions, existing law authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if specified conditions are met. Under existing law, the Industrial Welfare Commission issues wage orders that regulates wages, hours, and working conditions in various occupations, including Wage Order No. 10-2001, which regulates the amusement and recreation industry. This bill would provide that these provisions do not apply to a person who is covered by a contract to play baseball at the minor league level with a labor organization that has at least 10 years of experience representing baseball players and who is compensated pursuant to the terms of a valid collective bargaining agreement that expressly provides for the wages, hours of work, working conditions of employees, payment for time worked during the off-season and spring training, and final and binding arbitration of disputes. The bill would require the Department of Industrial Relations to amend and republish Wage Order No. 10-2001 to provide that specified provisions of the wage order do not apply to a person subject to these provisions, as specified. Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee's identity, among other things, subject to certain variations. Existing law provides that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by the employee if, among other things, the employee is exempt from the payment of minimum wage and overtime under specified law. This bill would provide that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by an employee if the employee is exempt from the payment of minimum wage and overtime under the bill's provisions described above. Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies. Existing law also describes procedures for the promulgation of regulations by the Industrial Welfare Commission. This bill would exempt these provisions from the rulemaking procedures described above. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it is to take effect immediately as an urgency statute.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 866, Statutes of 2023.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2595.) Ordered to engrossing and enrolling.
Urgency clause adopted.
Set for hearing September 7.
From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 2495.)
From committee: Be re-referred to Com. on L., P.E. & R. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2384.) Re-referred to Com. on L., P.E. & R.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
In Senate. Concurrence in Assembly amendments pending.
Read third time. Urgency clause adopted. Passed. (Ayes 78. Noes 0. Page 2931.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
From consent calendar on motion of Assembly Member Bryan.
Ordered to third reading.
Read second time. Ordered to consent calendar.
Coauthors revised.
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 23).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 961.) Ordered to the Assembly.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 711.) (April 12). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
Set for hearing April 12.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
From printer. May be acted upon on or after March 10.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB332 | HTML |
| 02/07/23 - Introduced | |
| 03/13/23 - Amended Senate | |
| 03/28/23 - Amended Senate | |
| 04/19/23 - Amended Senate | |
| 06/12/23 - Amended Assembly | |
| 08/14/23 - Amended Assembly | |
| 08/31/23 - Amended Assembly | |
| 09/13/23 - Enrolled | |
| 10/13/23 - Chaptered |
| Document | Format |
|---|---|
| 04/11/23- Senate Committee on Labor, Public Employment and Retirement | |
| 04/26/23- Sen. Floor Analyses | |
| 07/10/23- Assembly Labor and Employment | |
| 08/21/23- Assembly Appropriations | |
| 08/25/23- ASSEMBLY FLOOR ANALYSIS | |
| 08/31/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/06/23- Senate Committee on Labor, Public Employment and Retirement | |
| 09/08/23- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.