Senate Bill 913, as amended, contains one of the longest and wordiest definitions you’ll see in employment law.  What is it for? It defines who is a “service worker” and thus potentially covered if the employee is also hourly and non-exempt under federal (not state) law.  (Day and temporary workers are also excluded.).

According to the bill, it means “an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system”

They are as follows (I have removed the code numbers for ease of reading, but they can be found in the bill itself if necessary):

  • Food Service Managers;
  • Medical and Health Services Managers;
  • Social Workers;

    Occupations and Their Codes are More Important Than Ever
  • Social and Human Service Assistants;
  • Community Health Workers;
  • Community and Social Service Specialists, All Other;
  • Librarians;
  • Pharmacists;
  • Physician Assistants;
  • Therapists;
  • Registered Nurses;
  • Nurse Anesthetists;
  • Nurse Midwives;
  • Nurse Practitioners;
  • Dental Hygienists;
  • Emergency Medical Technicians and Paramedics;
  • Health Practitioner Support Technologists and Technicians;
  • Licensed Practical and Licensed Vocational Nurses;
  • Home Health Aides;
  • Nursing Aides, Orderlies and Attendants;
  • Psychiatric Aides;
  • Dental Assistants;
  • Medical Assistants;
  • Security Guards;
  • Crossing Guards;
  • Supervisors of Food Preparation and Serving Workers;
  • Cooks;
  • Food Preparation Workers;
  • Bartenders;
  • Fast Food and Counter Workers;
  • Waiters and Waitresses;
  • Food Servers, Nonrestaurant;
  • Dining Room and Cafeteria Attendants and Bartender Helpers;
  • Dishwashers;
  • Hosts and Hostesses, Restaurant, Lounge and Coffee Shop;
  • Miscellaneous Food Preparation and Serving Related Workers;
  • Janitors and Cleaners, Except Maids and Housekeeping Cleaners;
  • Building Cleaning Workers, All Other;
  • Ushers, Lobby Attendants and Ticket Takers;
  • Barbers, Hairdressers, Hairstylists and Cosmetologists;
  • Baggage Porters, Bellhops and Concierges;
  • Child Care Workers;
  • Personal Care Aides;
  • First-Line Supervisors of Sales Workers;
  • Cashiers;
  • Counter and Rental Clerks;
  • Retail Salespersons;
  • Tellers;
  • Hotel, Motel and Resort Desk Clerks;
  • Receptionists and Information Clerks;
  • Couriers and Messengers;
  • Secretaries and Administrative Assistants;
  • Computer Operators;
  • Data Entry and Information Processing Workers;
  • Desktop Publishers;
  • Insurance Claims and Policy Processing Clerks;
  • Mail Clerks and Mail Machine Operators, Except Postal Service;
  • Office Clerks, General;
  • Office Machine Operators, Except Computer;
  • Proofreaders and Copy Markers;
  • Statistical Assistants;
  • Miscellaneous Office and Administrative Support Workers;
  • Bakers;
  • Butchers and Other Meat, Poultry and Fish Processing Workers;
  • Miscellaneous Food Processing Workers;
  • Ambulance Drivers and Attendants, Except Emergency Medical Technicians;
  • Bus Drivers; or
  • Taxi Drivers and Chauffeurs,

So yes, butchers and bakers are covered; candlestick makers are not.   (This also brings to mind the classic Dr. Seuss book, “Maybe You Should Fly a Jet! Maybe You Should be a Vet!” )

In any event, over the next 6 months before implementation, employers are advised to review their job descriptions and jobs to determine which jobs, if any, are covered.

One important note: Even if a company has “service workers”, those service workers may not be covered if the employer is a manufacturer. Be sure to understand and become familiar with the rules and exemptions. It’s going to be a confusing time for a bit.