California Labor Code

§ 226.75

LAB § 226.75 Effective Jan 1, 2026Div. 2 · Part 1 · Ch. 1 · Art. 1

Statute text

(a)Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility or other refinery to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.

(b)If a nonexempt employee covered by this section is affirmatively required to interrupt that employee’s rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for the rest period that was not provided.

(c)An employer that operates a petroleum facility or other refinery shall include, as part of the itemized statement that the employer is required to furnish pursuant to subdivision (a) of Section 226, the total hours or pay owed to an employee, as described in subdivision (a), on account of a rest period that was not authorized or permitted for the reasons described in subdivision (b) or any other reason.

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Legislative history

Amended by Stats. 2025, Ch. 42, Sec. 1. (AB 751) Effective January 1, 2026.