AB 569 - An Act to Amend Section 512 of the Labor Code, Relating to Employment.

Meal periods: exemptions. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law prohibits, subject to certain exceptions, an employer from requiring an employee to work more than 5 hours per day without providing a meal period and, notwithstanding that provision, authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if the order is consistent with the health and welfare of… More
Existing law prohibits, subject to certain exceptions, an employer from requiring an employee to work more than 5 hours per day without providing a meal period and, notwithstanding that provision, authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if the order is consistent with the health and welfare of affected employees.

This bill would exempt from these provisions employees in a construction occupation, commercial drivers, employees in the security services industry employed as security officers, and employees of electrical and gas corporations or local publicly owned electric utilities, as defined, if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions. It would specify that its provisions do not affect the requirements for meal periods for certain other employees or employers. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on August 26, 2010.

voted YES: 70 voted NO: 4
4 voted present/not voting

An Act to Amend Section 512 of the Labor Code, Relating to Employment.

AB 569 — 2009-2010 Legislature

Summary
Existing law prohibits, subject to certain exceptions, an employer from requiring an employee to work more than 5 hours per day without providing a meal period and, notwithstanding that provision, authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if the order is consistent with the health and welfare of affected employees.

This bill would exempt from these provisions employees in a construction occupation, commercial drivers, employees in the security services industry employed as security officers, and employees of electrical and gas corporations or local publicly owned electric utilities, as defined, if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions. It would specify that its provisions do not affect the requirements for meal periods for certain other employees or employers.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 512 of the Labor Code, Relating to Employment.
Author(s)
Bill Emmerson
Co-Authors
    Subjects
    • Meal periods: exemptions
    Major Actions
    Introduced2/25/2009
    Referred to Committee
    Passed Assembly Committee on Labor and Employment4/22/2009
    Passed Assembly Committee on Appropriations5/13/2009
    Passed Assembly5/21/2009
    Passed Senate Committee on Labor and Industrial Relations6/25/2009
    Passed Senate Committee on Labor and Industrial Relations6/23/2010
    Passed Senate8/25/2010
    Passed Assembly8/26/2010
    Presented to the governor (enrolled)9/08/2010
    Became law (chaptered).9/30/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Labor and EmploymentDo pass as amended and be re-referred to the Committee on Appropriations.4/22/2009This motion PASSED the Assembly Committee on Labor and Employment
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.5/13/2009This motion PASSED the Assembly Committee on Appropriations
    16 voted YES 0 voted NO 1 voted present/not voting
    select this voteAssemblyAB 569 EMMERSON Assembly Third Reading5/21/2009This bill PASSED the Assembly
    72 voted YES 2 voted NO 6 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass as amended, and re-refer to the Committee on Appropriations.6/25/2009This motion PASSED the Senate Committee on Labor and Industrial Relations
    6 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass, but re-refer to the Committee on Appropriations.6/23/2010This motion PASSED the Senate Committee on Labor and Industrial Relations
    5 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB569 Emmerson By Emmerson8/25/2010This bill PASSED the Senate
    27 voted YES 1 voted NO 11 voted present/not voting
    currently selectedAssemblyAB 569 Concurrence in Senate Amendments By BERRYHILL, B.8/26/2010This bill PASSED the Assembly
    70 voted YES 4 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/25/2009
    2/25/2009Read first time. To print.
    2/26/2009From printer. May be heard in committee March 28.
    3/26/2009Referred to Com. on L. & E.
    4/02/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/13/2009Re-referred to Com. on L. & E.
    select this voteVote4/22/2009Do pass as amended and be re-referred to the Committee on Appropriations.
    4/23/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 22).
    4/27/2009Read second time and amended.
    4/28/2009Re-referred to Com. on APPR.
    select this voteVote5/13/2009Do pass.
    5/14/2009From committee: Do pass. (Ayes 16. Noes 0.) (May 13).
    5/18/2009Read second time. To third reading.
    5/21/2009Read third time, passed, and to Senate. (Ayes 72. Noes 2. Page 1625.)
    5/21/2009In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage5/21/2009AB 569 EMMERSON Assembly Third Reading
    6/04/2009Referred to Com. on L. & I.R.
    6/22/2009In committee: Hearing postponed by committee.
    select this voteVote6/25/2009Do pass as amended, and re-refer to the Committee on Appropriations.
    6/30/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25).
    7/01/2009Read second time, amended, and re-referred to Com. on APPR.
    7/14/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    7/15/2009Read second time. To third reading.
    9/04/2009Read third time, amended. To second reading.
    9/08/2009Read second time. To third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
    9/10/2009Senate Rule 29.3 suspended. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
    9/11/2009From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
    2/04/2010Re-referred to Com. on L. & I.R.
    5/18/2010In committee: Set, first hearing. Hearing canceled at the request of author.
    5/25/2010From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
    6/16/2010From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
    select this voteVote6/23/2010Do pass, but re-refer to the Committee on Appropriations.
    6/24/2010From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 23).
    8/02/2010From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    8/03/2010Read second time. To third reading.
    8/20/2010Read third time, amended. To second reading.
    8/23/2010Read second time. To third reading.
    8/25/2010Read third time, passed, and to Assembly. (Ayes 27. Noes 1. Page 4869.)
    8/25/2010In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.
    select this voteSenate Vote on Passage8/25/2010Assembly 3rd Reading AB569 Emmerson By Emmerson
    8/26/2010Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6707.) Senate amendments concurred in. To enrollment. (Ayes 70. Noes 4. Page 6727.)
    currently selectedAssembly Vote on Passage8/26/2010AB 569 Concurrence in Senate Amendments By BERRYHILL, B.
    9/08/2010Enrolled and to the Governor at 4 p.m.
    9/30/2010Approved by the Governor.
    9/30/2010Chaptered by Secretary of State - Chapter 662, Statutes of 2010.

    Total contributions given to Assemblymembers from Health worker unions, which…

    opposed this bill

    Health worker unions$492,103
    $492,103

    9 Organizations Supported and 8 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 512 of the Labor Code, Relating to Employment.: AB 569 Concurrence in Senate Amendments By BERRYHILL, B.

    9 organizations supported this bill

    American Fence Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    Associated General Contractors of America
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    California Sheet Metal and Air Conditioning Contractors National Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    Construction Employers' Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    Engineering & Utility Contractors Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    Flasher Barricade Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    MV Transportation, Inc.
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    National Electrical Contractors Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    United Parcel Service
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.

    8 organizations opposed this bill

    Associated Builders & Contractors
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    California Employment Lawyers Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    California Hospital Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    California Manufacturers & Technology Association
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    National Federation of Independent Business
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    National Gypsum Company
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    National Nurses United
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.
    USS-POSCO Industries
    Senate Committee on Labor and Industrial Relations (2010, June 21). Bill Analysis AB 569 6-21-2010. Retrieved October 5, 2010, from Leg Info.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from Health worker unions interest groups, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0Yes
    Tom AmmianoDCA-13$0$4,500No
    Joel AndersonRCA-77$0$0Yes
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$0$1,050Yes
    Jim BeallDCA-24$0$3,750Yes
    Bill BerryhillRCA-26$0$0Yes
    Tom BerryhillRCA-25$0$0Yes
    Marty BlockDCA-78$0$7,500Not Voting
    Bob BlumenfieldDCA-40$0$5,500Yes
    Steven BradfordDCA-51$0$10,300Yes
    Julia BrownleyDCA-41$0$3,000Not Voting
    Joan BuchananDCA-15$0$9,400Yes
    Anna CaballeroDCA-28$0$19,600Yes
    Charles CalderonDCA-58$0$500Yes
    Wilmer Amina CarterDCA-62$0$1,000Yes
    Wesley ChesbroDCA-1$0$2,500Yes
    Connie ConwayRCA-34$0$0Yes
    Paul CookRCA-65$0$0Yes
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$2,000Yes
    Hector De La TorreDCA-50$0$14,200Yes
    Kevin De LeonDCA-45$0$21,700Yes
    Chuck DeVoreRCA-70$0$0No
    Mike EngDCA-49$0$7,300Yes
    Noreen EvansDCA-7$0$12,300Yes
    Mike FeuerDCA-42$0$1,500Yes
    Nathan FletcherRCA-75$0$0Yes
    Paul FongDCA-22$0$8,750Yes
    Felipe FuentesDCA-39$0$2,000Yes
    Jean FullerRCA-32$0$0Yes
    Warren FurutaniDCA-55$0$20,700Yes
    Ted GainesRCA-4$0$0Yes
    Cathleen GalgianiDCA-17$0$2,500Yes
    Martin GarrickRCA-74$0$0No
    Mike GattoDCA-43$0$12,300Yes
    Danny GilmoreRCA-30$0$0Yes
    Curt HagmanRCA-60$0$0Yes
    Isadore HallDCA-52$0$7,800Yes
    Diane HarkeyRCA-73$0$0Yes
    Mary HayashiDCA-18$0$13,700Yes
    Ed HernandezDCA-57$0$7,000Yes
    Jerry HillDCA-19$0$2,500Yes
    Alyson HuberDCA-10$0$1,000Yes
    Jared HuffmanDCA-6$0$11,000Yes
    Kevin JeffriesRCA-66$0$0Yes
    Dave JonesDCA-9$0$98,700Yes
    Steve KnightRCA-36$0$0Not Voting
    Ted LieuDCA-53$0$10,000Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$16,700Yes
    Fiona MaDCA-12$0$8,900Yes
    Tony MendozaDCA-56$0$12,300Yes
    Jeff MillerRCA-71$0$0Yes
    Bill MonningDCA-27$0$3,000Yes
    Pedro NavaDCA-35$0$3,500Not Voting
    Brian NestandeRCA-64$0$0Yes
    Roger NielloRCA-5$0$0Yes
    Jim NielsenRCA-2$0$0Yes
    Chris NorbyRCA-72$0$0Yes
    John PerezDCA-46$0$28,300Yes
    Manuel PerezDCA-80$0$1,000Yes
    Anthony PortantinoDCA-44$0$11,000Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$9,753Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$750Yes
    Nancy SkinnerDCA-14$0$10,750Yes
    Cameron SmythRCA-38$0$0Yes
    Jose SolorioDCA-69$0$2,000Yes
    Audra StricklandRCA-37$0$0Yes
    Sandre SwansonDCA-16$0$25,800Yes
    Tom TorlaksonDCA-11$0$22,800Yes
    Norma TorresDCA-61$0$2,500Yes
    Alberto TorricoDCA-20$0$2,500Yes
    Van TranRCA-68$0$0Yes
    Mike VillinesRCA-29$0$0Yes
    Mariko YamadaDCA-8$0$5,000Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0Yes
    Tom AmmianoDCA-13$60,200$4,500No
    Joel AndersonRCA-77$3,500$3,900Yes
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$51,400$8,050Yes
    Jim BeallDCA-24$34,250$4,750Yes
    Bill BerryhillRCA-26$6,500$4,400Yes
    Tom BerryhillRCA-25$3,500$4,800Yes
    Marty BlockDCA-78$79,000$7,500Not Voting
    Bob BlumenfieldDCA-40$83,500$8,000Yes
    Steven BradfordDCA-51$22,300$12,300Yes
    Julia BrownleyDCA-41$37,145$3,000Not Voting
    Joan BuchananDCA-15$82,919$12,400Yes
    Anna CaballeroDCA-28$135,233$19,600Yes
    Charles CalderonDCA-58$61,700$6,400Yes
    Wilmer Amina CarterDCA-62$10,800$4,100Yes
    Wesley ChesbroDCA-1$22,300$9,000Yes
    Connie ConwayRCA-34$8,000$4,500Yes
    Paul CookRCA-65$7,500$3,000Yes
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$13,800$2,000Yes
    Hector De La TorreDCA-50$105,450$20,400Yes
    Kevin De LeonDCA-45$73,900$27,000Yes
    Chuck DeVoreRCA-70$0$0No
    Mike EngDCA-49$53,150$9,430Yes
    Noreen EvansDCA-7$71,350$15,300Yes
    Mike FeuerDCA-42$54,350$4,250Yes
    Nathan FletcherRCA-75$13,600$20,100Yes
    Paul FongDCA-22$50,500$9,750Yes
    Felipe FuentesDCA-39$88,000$17,800Yes
    Jean FullerRCA-32$8,600$1,000Yes
    Warren FurutaniDCA-55$87,000$20,700Yes
    Ted GainesRCA-4$24,050$4,000Yes
    Cathleen GalgianiDCA-17$63,500$9,500Yes
    Martin GarrickRCA-74$14,500$18,423No
    Mike GattoDCA-43$56,200$14,000Yes
    Danny GilmoreRCA-30$0$0Yes
    Curt HagmanRCA-60$6,900$9,900Yes
    Isadore HallDCA-52$61,350$21,000Yes
    Diane HarkeyRCA-73$3,000$3,100Yes
    Mary HayashiDCA-18$83,800$21,900Yes
    Ed HernandezDCA-57$55,100$15,000Yes
    Jerry HillDCA-19$61,650$4,500Yes
    Alyson HuberDCA-10$113,200$2,500Yes
    Jared HuffmanDCA-6$41,450$12,000Yes
    Kevin JeffriesRCA-66$2,000$1,250Yes
    Dave JonesDCA-9$412,754$136,800Yes
    Steve KnightRCA-36$3,900$10,998Not Voting
    Ted LieuDCA-53$33,300$11,400Yes
    Dan LogueRCA-3$5,100$3,000No
    Bonnie LowenthalDCA-54$115,350$22,100Yes
    Fiona MaDCA-12$81,400$16,700Yes
    Tony MendozaDCA-56$48,973$13,300Yes
    Jeff MillerRCA-71$5,400$9,450Yes
    Bill MonningDCA-27$81,150$5,000Yes
    Pedro NavaDCA-35$7,500$5,000Not Voting
    Brian NestandeRCA-64$13,300$2,600Yes
    Roger NielloRCA-5$20,550$3,500Yes
    Jim NielsenRCA-2$17,200$21,600Yes
    Chris NorbyRCA-72$2,000$4,900Yes
    John PerezDCA-46$199,900$34,554Yes
    Manuel PerezDCA-80$63,500$11,800Yes
    Anthony PortantinoDCA-44$78,250$12,250Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$83,124$9,753Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$4,000$2,050Yes
    Nancy SkinnerDCA-14$93,200$21,550Yes
    Cameron SmythRCA-38$10,400$7,900Yes
    Jose SolorioDCA-69$90,300$9,000Yes
    Audra StricklandRCA-37$0$0Yes
    Sandre SwansonDCA-16$86,675$25,800Yes
    Tom TorlaksonDCA-11$263,900$27,700Yes
    Norma TorresDCA-61$53,300$7,500Yes
    Alberto TorricoDCA-20$108,525$3,000Yes
    Van TranRCA-68$0$0Yes
    Mike VillinesRCA-29$28,200$24,500Yes
    Mariko YamadaDCA-8$21,250$6,000Yes

    Interest Groups that supported this bill

    $ Donated
    Construction unions$3,690,597
    Builders associations$405,225
    Express delivery services$153,300
    Electrical contractors$31,850
    Public works, industrial & commercial construction$26,800
    Plumbing, heating & air conditioning$24,500
    Special trade contractors$21,500
    General business associations$0
    Bus services$0

    Interest Groups that opposed this bill

    $ Donated
    Health worker unions$492,103
    Builders associations$405,225
    Hospitals$228,732
    Manufacturing$118,223
    Building materials$18,750
    Steel manufacturing$14,900
    Small business organizations$2,000
    Lawyers & lobbyists$0
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