Labor Relations
AB 2078 (2026): Stationary Engineers Gain Meal-Period Exception Under CBA
Updated
Assembly Bill 2078, introduced by Assembly Member Rogers, amends Labor Code section 512 to add a new exception to California’s meal-period requirement. The measure allows employees who perform building maintenance work as stationary engineers, when covered by a qualifying collective bargaining agreement, to be governed by that agreement’s meal-period terms rather than the standard rule. Because it is an ordinary statute, it takes effect January 1, 2027.
Background
Labor Code section 512 generally bars an employer from having an employee work more than five hours per day without providing a meal period of at least 30 minutes, with a second meal period required past 10 hours. The statute already carves out several occupations from these rules when specific conditions are met.
Among the existing carve-outs, subdivision (e) lets a valid collective bargaining agreement govern meal periods in place of the standard rule for certain workers listed in subdivision (f). That list includes construction workers, commercial drivers, registered security officers, and employees of electrical, gas, and water corporations and local publicly owned electric utilities. AB 2078 expands this list.
What the Law Changes
The bill adds stationary engineers who perform building maintenance work to the subdivision (f) list. As a result, those employees fall within the subdivision (e) exception when the qualifying conditions are satisfied.
To qualify, the worker must be covered by a valid collective bargaining agreement that expressly provides for wages, hours, and working conditions; sets meal periods; includes final and binding arbitration of meal-period disputes; provides premium wage rates for all overtime hours; and pays a regular hourly rate at least 30 percent above the state minimum wage. When those conditions are met, the agreement’s meal-period terms apply in place of the standard rule in subdivision (a).
Stationary engineers performing building maintenance work, when covered by a qualifying collective bargaining agreement, are exempt from the standard meal-period requirement in Labor Code section 512, so the agreement’s meal-period terms control instead.
Who Counts as a Stationary Engineer
The statute defines a “stationary engineer” as a skilled tradesperson in a fixed facility who operates, maintains, monitors, and repairs stationary mechanical equipment and building systems, including boilers, chillers, heating, ventilation, and air conditioning systems, pumps, compressors, and power generation equipment.
The definition further requires that the occupation have a state-registered apprenticeship program established on or before December 31, 1964, and that the program include the name “Stationary Engineer” in its occupation title.
What This Means for You
This law adds stationary engineers who do building maintenance work to the group of employees whose meal periods can be governed by a qualifying collective bargaining agreement instead of the standard Labor Code rule. It applies only where such an agreement meets the statute’s stated conditions, and it touches unionized building maintenance settings.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.