Dave Cortese
- Democratic
- Senator
- District 15
Author
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. Industrial Welfare Commission Wage Order No. 9 regulates employment in the transportation industry and requires an employer to provide an employee with a rest period, as specified. 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 employee's 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. Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively. This bill would provide that the above-described meal and rest period requirements do not apply to an airline cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for airline cabin crew employees, as specified, or, if the employee is represented by a labor organization pursuant to the Railway Labor Act but is not yet covered by a valid collective bargaining agreement that includes a provision addressing meal and rest breaks, those requirements do not apply for the first 12 months of organization, or longer, if agreed upon in writing, as specified. The bill would prohibit a person, commencing December 5, 2022, from filing a new legal action brought by or on behalf of an employee covered by a valid collective bargaining agreement, as specified, asserting claims of alleged meal or rest break violations. The bill would state that it does not affect a settlement agreement or final judgment of a civil action brought by an airline cabin crew employee based on a claim of a meal or rest break violation. 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 2, Statutes of 2023.
Enrolled and presented to the Governor at 2 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Urgency clause adopted. Passed. (Ayes 73. Noes 0. Page 690.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0.) (March 14).
Read third time. Urgency clause adopted. Passed. (Ayes 37. Noes 0. Page 264.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Ordered to second reading.
Read second time. Ordered to third reading.
Read third time and amended.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 190.) (February 14). Re-referred to Com. on APPR.
Set for hearing February 14.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 171.) (February 9). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
Set for hearing February 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
Referred to Coms. on L., P.E. & R. and JUD.
From printer. May be acted upon on or after January 5.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB41 | HTML |
| 12/05/22 - Introduced | |
| 01/23/23 - Amended Senate | |
| 02/08/23 - Amended Senate | |
| 02/21/23 - Amended Senate | |
| 03/17/23 - Enrolled | |
| 03/23/23 - Chaptered |
| Document | Format |
|---|---|
| 02/11/23- Senate Judiciary | |
| 02/22/23- Sen. Floor Analyses | |
| 03/13/23- Assembly Labor and Employment | |
| 03/15/23- ASSEMBLY FLOOR ANALYSIS | |
| 03/16/23- Senate Committee on Labor, Public Employment and Retirement |
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.