AB 736 — Employee classification: professional classification: specified educational employees.

Summary

Existing law provides that 8 hours of labor constitutes a day's work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 112 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. Existing law exempts from these provisions an individual employed as a teacher at a private elementary or secondary academic institution if specified requirements are met. Existing law, Wage Order No. 4-2001 of the Industrial Welfare Commission, applies to people employed in professional, technical, clerical, mechanical, and similar occupations and addresses wages, hours, and working conditions. The wage order exempts specified persons, including a person who is employed in a professional capacity whose duties meet certain requirements from various portions of the order. Existing law, Wage Order No. 5-2001 of the Industrial Welfare Commission, applies to persons employed in the public housekeeping industry, addresses wages, hours, and working conditions, and also exempts employees in administrative, executive, or professional capacities if their duties meet certain requirements. This bill would require that an employee employed to provide instruction for a course or laboratory at an independent institution of higher education, as defined, be classified as employed in a professional capacity, and therefore exempt from the wage and hour provisions of Wage Order No. 4-2001, or those of Wage Order No. 5-2001, as well as specified provisions of the Labor Code, if that person meets specified criteria, including being employed in a professional capacity as prescribed, being paid on a salary basis, and receiving one of alternative minimum compensations. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/09/20 - Chaptered Current pdf September 09, 2020
• Enrolled 08/27/20 - Enrolled pdf August 27, 2020
• Amended 08/07/20 - Amended Senate pdf August 07, 2020
• Amended 02/14/20 - Amended Senate pdf February 14, 2020
• Introduced 02/19/19 - Introduced pdf February 19, 2019
• AB736 View text html

Action History

1. September 09, 2020

   Chaptered by Secretary of State - Chapter 44, Statutes of 2020.

2. September 09, 2020

   Approved by the Governor.

3. August 31, 2020

   Enrolled and presented to the Governor at 5 p.m.

4. August 26, 2020

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 5222.).

5. August 24, 2020

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

6. August 24, 2020

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 4290.).

7. August 14, 2020

   Read second time. Ordered to third reading.

8. August 13, 2020

   From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

9. August 07, 2020

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

10. August 06, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 5). Re-referred to Com. on APPR.

11. July 01, 2020

    Re-referred to Com. on L., P.E. & R.

12. February 18, 2020

    Re-referred to Com. on RLS.

13. February 18, 2020

    Withdrawn from committee.

14. February 14, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

15. June 11, 2019

    In committee: Hearing postponed by committee.

16. May 16, 2019

    Referred to Com. on GOV. & F.

17. May 02, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 02, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1476.)

19. April 25, 2019

    Read second time. Ordered to Consent Calendar.

20. April 24, 2019

    From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 24).

21. April 09, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 8). Re-referred to Com. on APPR.

22. March 25, 2019

    In committee: Hearing for testimony only.

23. February 28, 2019

    Referred to Com. on REV. & TAX.

24. February 20, 2019

    From printer. May be heard in committee March 22.

25. February 19, 2019

    Read first time. To print.

Sponsors

• Jacqui Irwin · Primary

Votes

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