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 employee’s 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.
Entitles an employee who provides direct patient care or supports direct patient
care in a general acute care hospital, clinic, or public health setting, and who is
directly employed by a public employer to:
a) One unpaid 30-minute meal period on shifts over five hours and a second
unpaid 30-minute meal period on shifts over 10 hours, with the ability to
waive the second meal period by mutual consent, as specified in Labor Code
Additionally, specifies that an on-duty meal period may be
provided in accordance with existing IWC Wage Orders No. 4 and 5.
b) A rest period based on the total hours worked daily at the rate of 10 minutes
net rest time per four hours or major fraction thereof, as provided by Wage
Order No. 4 and Wage Order No. 5 of the Industrial Welfare Commission.
Requires an employer, who fails to provide to an employee with a meal period
or rest period in accordance with these provisions, to pay the employee one
additional hour of pay at the employee’s regular rate of compensation for each
workday that the periods are not provided.
