Assembly Member Gipson's labor code amendment permanently extends rest period exemptions for safety-sensitive positions at petroleum facilities while expanding coverage to include refineries that process alternative feedstock. The measure removes the January 1, 2026 sunset date for provisions allowing certain employees to remain on-duty during mandated breaks when monitoring emergency communications or facility operations.
Under the legislation, affected employees must be covered by collective bargaining agreements that explicitly address rest periods, wages, and working conditions. These agreements must provide for binding arbitration of rest period disputes and ensure workers receive at least 30 percent above minimum wage. When emergencies interrupt rest periods, employers must authorize replacement breaks promptly or provide one hour of additional pay at regular rates. The bill requires petroleum facilities and refineries to itemize any owed rest period compensation on employee wage statements.
The measure maintains existing protections requiring employers to compensate workers with one hour of pay when circumstances prevent taking a rest period. It defines safety-sensitive positions as those reasonably including emergency response duties and specifies that emergencies constitute situations requiring immediate intervention to prevent operational disruptions or potential harm. The provisions apply only to employees covered under Industrial Welfare Commission Wage Order No. 1 and exclude cases filed before the bill's effective date.
![]() Mike GipsonD Assemblymember | Bill Author | Not Contacted |
Bill Number | Title | Introduced Date | Status | Link to Bill |
---|---|---|---|---|
Rest periods: petroleum facilities: safety-sensitive positions. | February 2020 | Passed |
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Assembly Member Gipson's labor code amendment permanently extends rest period exemptions for safety-sensitive positions at petroleum facilities while expanding coverage to include refineries that process alternative feedstock. The measure removes the January 1, 2026 sunset date for provisions allowing certain employees to remain on-duty during mandated breaks when monitoring emergency communications or facility operations.
Under the legislation, affected employees must be covered by collective bargaining agreements that explicitly address rest periods, wages, and working conditions. These agreements must provide for binding arbitration of rest period disputes and ensure workers receive at least 30 percent above minimum wage. When emergencies interrupt rest periods, employers must authorize replacement breaks promptly or provide one hour of additional pay at regular rates. The bill requires petroleum facilities and refineries to itemize any owed rest period compensation on employee wage statements.
The measure maintains existing protections requiring employers to compensate workers with one hour of pay when circumstances prevent taking a rest period. It defines safety-sensitive positions as those reasonably including emergency response duties and specifies that emergencies constitute situations requiring immediate intervention to prevent operational disruptions or potential harm. The provisions apply only to employees covered under Industrial Welfare Commission Wage Order No. 1 and exclude cases filed before the bill's effective date.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
38 | 0 | 2 | 40 | PASS |
![]() Mike GipsonD Assemblymember | Bill Author | Not Contacted |
Bill Number | Title | Introduced Date | Status | Link to Bill |
---|---|---|---|---|
Rest periods: petroleum facilities: safety-sensitive positions. | February 2020 | Passed |