California 2011-2012 Regular Session Status: In Committee

SB 378 — Employment: alternative workweek schedules.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes an employer to propose an alternative workweek schedule, that authorizes work for the affected employees for no longer than 10 hours a day within a 40-hour workweek without the requirement to pay overtime wages, that may be either a single, standard work schedule or part of a menu of work schedule options offered to the employees. Under existing law, approval by secret ballot election of at least 23 of the affected employees in a readily identifiable work unit is required for adoption of an alternative workweek schedule. Existing law requires the employer to pay overtime compensation to employees who work more than their regularly scheduled hours under the alternative workweek and to make reasonable accommodations to find a work schedule that does not exceed 8 hours per day for employees who were eligible to vote in the election but are unable to work the alternative workweek hours. This bill would provide that an alternative workweek schedule adopted pursuant to those provisions may include a regularly scheduled alternative workweek that authorizes work by the affected employees for more than 10 hours a day, as long as the employees are paid at the appropriate overtime rate set forth in those provisions. The bill would provide a definition of "regularly scheduled." The bill further would exempt from those provisions employers with 5 or fewer employees, but would permit such employers and their employees to voluntarily enter into a revocable written agreement setting forth an alternative workweek schedule that allows an employee to work up to 10 hours a day, 40 hours a week, without the payment of overtime wages, with the requirement to pay a prescribed rate of overtime pay for excess hours and days.

Bill Text

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Set, first hearing. Testimony taken. Further hearing to be set.

  3. Set for hearing May 11.

  4. Referred to Com. on L. & I.R.

  5. From printer. May be acted upon on or after March 18.

  6. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dutton · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Dutton

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 378 do?
Existing law authorizes an employer to propose an alternative workweek schedule, that authorizes work for the affected employees for no longer than 10 hours a day within a 40-hour workweek without the requirement to pay overtime wages, that may be either a single, standard work schedule or part of a menu of work schedule options offered to the employees. Under existing law, approval by secret ballot election of at least 23 of the affected employees in a readily identifiable work unit is required for adoption of an alternative workweek schedule. Existing law requires the employer to pay overtime compensation to employees who work more than their regularly scheduled hours under the alternative workweek and to make reasonable accommodations to find a work schedule that does not exceed 8 hours per day for employees who were eligible to vote in the election but are unable to work the alternative workweek hours. This bill would provide that an alternative workweek schedule adopted pursuant to those provisions may include a regularly scheduled alternative workweek that authorizes work by the affected employees for more than 10 hours a day, as long as the employees are paid at the appropriate overtime rate set forth in those provisions. The bill would provide a definition of "regularly scheduled." The bill further would exempt from those provisions employers with 5 or fewer employees, but would permit such employers and their employees to voluntarily enter into a revocable written agreement setting forth an alternative workweek schedule that allows an employee to work up to 10 hours a day, 40 hours a week, without the payment of overtime wages, with the requirement to pay a prescribed rate of overtime pay for excess hours and days.
Who sponsors SB 378?
SB 378 is sponsored by Dutton.
What is the current status of SB 378?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 378?
Track SB 378 free on One Click Politics — get push/email alerts when it moves.

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