AB 569 Emmerson

This bill exempts from California’s meal period requirements the following categories of employees, as defined in the statute, who are covered by a valid collective bargaining agreement: construction workers, commercial drivers, security officers, gas and electrical corporation employees, and public utility employees. The collective bargaining agreement must expressly provide for the wages, hours of work, and working conditions of employees, including meal periods and overtime premium wage rates, and must also provide for final and binding arbitration of disputes concerning application of its meal period provisions. The passage of this bill is interesting given that the Governor had indicated in past years that he will not approve CBA carve-outs to the meal period requirements. Employers should carefully evaluate whether their employees working in these occupations fit within the new statutory definitions for the occupations and that the CBA meets all requirements for the exemption to apply.

Amends Labor Code Section 512.

Approved by the Governor and Chaptered by the Secretary of State on 09/30/10. Chapter 662 of the Statutes of 2010.