Amended in Assembly April 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 226


Introduced by Assembly Member Atkins

February 4, 2013


An act to add Section 45133.5 to the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 226, as amended, Atkins. Classified employees: begin insertschool police: end insertworkweek.

Existing law generally prescribes the workweek of a classified school employee to be 40 hours, and prescribes the workday to be 8 hours. Existing law also authorizes the governing board of a school district or a county superintendent of schools to establish a 9-hour-per-day, 80-hour-per-2-week work schedule, subject to the concurrence of the employee organization, or, absent an employee organization, subject to the concurrence of the affected employee. Existing law generally provides for the payment of overtime compensation for hours worked in excess of the required workday, except as specified.

This bill would also authorize the governing board of a school district or a county superintendent of schools to establish a 12-hour-per-day, 80-hour-per-2-week work schedule for school policebegin delete officer dispatchers, subject to the concurrence of the employee organization or the employeeend deletebegin insert departments, provided the establishment of the work schedule is consented to in a valid collective bargaining agreement that contains specified provisions, including, among others, express provisions for the wages, hours of work, and working conditions of employeesend insert. The bill would require the payment of overtime compensation for hours worked in excess of the required workday, as specified, and would require the workweek to be defined so that no employee will be required to work more than 40 hours during any given workweek.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 45133.5 is added to the Education Code,
2to read:

3

45133.5.  

(a) Notwithstanding Sections 45127 and 45131, a
4governing board of a school district or a county superintendent of
5schools may establish a 12-hour-per-day, 80-hour-per-2-week
6work schedule for school policebegin delete officer dispatchersend deletebegin insert departmentsend insert,
7provided the establishment of the work schedulebegin delete has the
8concurrence of the employee organization, or in the absence of an
9employee organization, the concurrence of the affected employee.end delete

10begin insert is consented to in a valid collective bargaining agreement that
11contains all of the following:end insert

begin insert

12(1) Express provisions for the wages, hours of work, and
13working conditions of employees.

end insert
begin insert

14(2) Express provisions for meal periods of employees, and final
15and binding arbitration of disputes concerning application of the
16meal period provisions.

end insert
begin insert

17(3) Premium wage rates for all overtime hours worked.

end insert
begin insert

18(4) A regular hourly rate of pay of not less than 30 percent more
19than the state minimum wage rate.

end insert

20(b) When a 12-hour-per-day, 80-hour-per-2-week work schedule
21is established, it shall consist of seven work days, six of which
22shall be 12-hour days, and one of which shall be an eight-hour
23day. The overtime rate shall be paid for all hours worked in excess
24of the required workday, at a rate equal to one and one-half times
25the regular rate of pay for the employee designated and authorized
26to perform the work.

27(c) When a 12-hour-per-day, 80-hour-per-2-week work schedule
28is established, the workweek shall be defined so that no employee
29will be required to work more than 40 hours during any given
30workweek.



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