Senate Bill No. 408, reported by the Committee on Labor and Public Employees, proposes an amendment to the definition of "hours worked" in the state's overtime pay law. The bill, which is set to become effective on October 1, 2024, seeks to clarify that "hours worked" includes not only the time during which an employee is required to be on the employer's premises, on duty, or at a prescribed workplace, but also the time spent by an employee in security screenings required by the employer. The bill also specifies that time allowed for meals is excluded unless the employee is required or permitted to work during that time.
The bill further details that being on call for emergency service at a location designated by the employer is considered working time and must be paid for, regardless of whether the employee is actually called upon to work. Additionally, it addresses situations where an employee is subject to call but not required to be at a specific location, stating that working time begins when the employee is notified of their assignment and ends when the assignment is completed. The bill also includes provisions for individuals employed to provide "companionship services," allowing for a written agreement to exclude a regularly scheduled sleeping period from hours worked under certain conditions. The fiscal impact statement indicates that there is no expected state or municipal impact from this bill, as the Department of Labor already recognizes time spent in security screenings as hours worked.