BILL NUMBER: AB 208	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        JANUARY 30, 2013

   An act to add Section 19843.5 to the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 208, as introduced, Gorell. State employees: additional
compensation.
   Existing law provides that for each class or position for which a
monthly or annual salary range is established by the Department of
Personnel Administration, after considering the needs of the state
service and prevailing overtime compensation practices, the
department may establish methods of recognizing or providing
compensation for overtime and may also provide for the payment of
overtime for work performed after the normal scheduled workday or
normal scheduled workweek, except that conflicting provisions of a
memorandum of understanding are controlling, as specified. Existing
law also requires the department to provide the extent to which, and
to establish the method by which, ordered overtime or overtime in
times of critical emergency is compensated based on the practices of
private industry and other public employment, the needs of state
service, and internal relationships, except that conflicting
provisions of a memorandum of understanding are controlling, as
specified.
   This bill would provide that a salaried employee earning a fixed
wage may not earn additional compensation by being employed at a
second, hourly-wage job within the same agency, except that
conflicting provisions of a memorandum of understanding are
controlling, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19843.5 is added to the Government Code, to
read:
   19843.5.  (a) A salaried employee earning a fixed wage may not
earn additional compensation by being employed at a second,
hourly-wage job within the same agency.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.