Calif. pols push rest-break reform, paid-leave measure

Nation's Restaurant News,  April 21, 2008  

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SACRAMENTO, CALIF. -- Legislation that would make California the first state to mandate paid sick leave has passed its first hurdle at the Capitol here, where lawmakers also advanced a bill to reform the state's hotly contested rules requiring meal and rest breaks.

Costly class-action lawsuits against restaurants for alleged violations of regulations governing employee meal times and breaks have been common in California in recent years. Under the current labor code, a nonexempt employee cannot work for more than five hours without being provided 30 minutes of downtime for a meal. Under SB 1539, which was approved unanimously April 9 by a state Senate committee, employers would have more flexibility to determine when a meal period and a rest break could be granted. The measure, by Sen. Ron Calderon, DMontebello, is supported by the California Restaurant Association.

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Separately, the state Assembly's Labor and Employment Committee approved and sent to the Judiciary Committee a bill that would allow workers to accrue sick leave at a rate of one hour for every 30 hours worked, with accrued time rolling over from year to year. The paid time off would be available for illnesses, recovery from domestic violence or sexual assault.

Under AB 2716, by Rep. Fiona Ma, D-San Francisco, businesses with 10 or fewer employees would be able to limit each worker's paid leave to 40 hours, or five days, a year. Large companies would have to supply at least 72 hours, or nine days.

Only 15 percent of California's foodservice workers have paid sick days, the lowest percentage among major industries, according to testimony before the labor committee's vote this month. Proponents also estimated that 6 million workers, or 40 percent of California's workforce, do not have paid sick leave.

At least 14 states have proposed similar legislation in the past two years. San Francisco adopted a paid sick leave mandate in 2006.

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