Employee rest periods: employees providing direct support to individuals with intellectual and developmental disabilities.

Existing law, including statutory law and wage orders issued by the Industrial Welfare Commission, with certain exceptions, requires an employer to provide employees with rest breaks during working hours, as specified. Existing law requires that employees be relieved of all duties during rest periods. Existing law requires the employer to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that a meal or rest or recovery period is not provided. This bill would exempt from the requirement that an employee be relieved of all duties an employee providing direct support to an individual with an intellectual or developmental disability in an integrated community setting, under prescribed circumstances. The bill would require, if a nonexempt employee is affirmatively required to interrupt their rest period to respond to the needs of a consumer, that another rest period be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. The bill would require the employer, if circumstances do not allow the employee to take a rest period, to pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. This bill would make related legislative findings and declarations, and would express the intent of the Legislature to enact legislation to permit direct support staff providing services and supports in community settings to maintain general supervision of their consumers during rest periods, as specified.