Assembly Members Evan Low and Cristina Garcia are joint authors of Assembly Bill 2932, which would amend Section 510 of the California Labor Code to change the definition of a “workweek” in this state. Existing state law defines the term “workweek” and requires overtime to be paid after 8 hours in a workday and after 40 hours in a workweek.
Section One of the bill would amend Labor Code Section 510. First, in subdivision (a), the bill would provide that any work in excess of 32 (rather than 40) hours in any one workweek to be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. The bill would also add the following provision: “The compensation rate of pay at 32 hours shall reflect the previous compensation rate of pay at 40 hours, and an employer shall not reduce an employee’s regular rate of pay as a result of this reduced hourly workweek requirement.”
However, this new provision would not apply to an employer with no more than 500 employees. For an employer with no more than 500 employees, eight hours of labor constitutes a day’s work and any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek will be paid overtime.
The bill would also add a new subdivision (e), which would provide: “This section applies to persons who are not exempt from overtime compensation pursuant to Section 515.5 [employee in the computer software field], 515.6 [any employee who is a licensed physician or surgeon], 515.7 [an employee is employed to provide instruction for a course or laboratory at an independent institution of higher education], or 515.8 [an individual employed as a teacher at a private elementary or secondary academic institution].”
Section Two of the bill provides that no reimbursement is required by this Act pursuant to Section 6 of Article XIII B of the California Constitution.
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