BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 226
                                                                  Page  1

          Date of Hearing:   May 8, 2013

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                                  Rob Bonta, Chair
                    AB 226 (Atkins) - As Amended:  April 24, 2013
           
          SUBJECT  :   Classified employees: workweek.

           SUMMARY  :   Authorizes the governing board of a school district  
          or county superintendent to establish a 12-hour-per-day,  
          80-hour-per-2-week work schedule for school police departments  
          if agreed to in a collective bargaining agreement, as specified.  
           Specifically,  this bill  :  

          1)Authorizes the establishment of a 12-hour per day,  
            80-hour-per-2-week work schedule for school police departments  
            provided that the establishment of the schedule is agreed to  
            in a valid collective bargaining agreement that contains all  
            of the following:

             a)   Express provisions for the wages, hours, and working  
               conditions.

             b)   Express provisions for meal periods and final and  
               binding arbitration of disputes involving the meal period  
               provisions.

             c)   Premium wage rates for all overtime worked.

             d)   A regular rate of pay that is at least 30% above the  
               state minimum wage.

          2)Specifies that when the new work schedule is adopted, it will  
            consist of seven work days - six that are 12-hour-days and one  
            that is an 8-hour-day.  Time and a half will be paid for  
            overtime hours worked in excess of the required workday.

          3)Requires the workweek to be defined so that no employee will  
            be required to work more than 40 hours in a workweek.

           EXISTING FEDERAL LAW :

          1)Establishes, under the Fair Labor Standards Act (FLSA),  
            minimum wage, overtime pay, recordkeeping, and child labor  








                                                                  AB 226
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            standards affecting full-time and part-time workers in the  
            private sector and in Federal, State, and local governments.

          2)Requires, generally, that most employees be paid overtime pay  
            at time and one-half the regular rate of pay for all hours  
            worked over 40 hours in a workweek.

          3)Defines a workweek as a period of 168 hours during seven  
            consecutive 24-hour periods.  A workweek may begin on any day  
            of the week and at any hour of the day established by the  
            employer.




           EXISTING STATE LAW  :

          1)Requires that the workweek of a classified employee shall be  
            40 hours and the workday shall be eight hours.  These  
            provisions do not restrict the extension of a regular workday  
            or workweek on an overtime basis when such is necessary to  
            carry on the business of the school district.  The governing  
            board of a school district may establish a workday of less  
            than eight hours or a workweek of less than 40 hours for all  
            or any of its classified positions.

          2)Specifies that the workweek of a classified employee assigned  
            an average workday of four or more hours shall consist of not  
            more than five consecutive days.

          3)Authorizes the governing board of a school district to  
            establish alternate work schedules for all, or certain classes  
            of its employees or for employees within a class when, by  
            reason of the work location and duties actually performed by  
            such employees, their services are not required for a workweek  
            of five consecutive days, provided the establishment of such a  
            workweek has the concurrence of the concerned employee, class  
            of employees, or classes of employees as ascertained through  
            the employee organization representing a majority of the  
            concerned employees or class or classes of employees. 

          4)Defines overtime to include any time required to be worked in  
            excess of eight hours of paid service in any one day or in  
            excess of 40 hours of paid service in any calendar week.  









                                                                  AB 226
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          5)Requires that a classified employee who works authorized  
            overtime be compensated at a rate at least equal to time and  
            one-half of his/her regular rate of pay.

          6)Mandates overtime compensation after 8 hours of work for  
            classified school employees.

           FISCAL EFFECT  :   This bill is keyed non-fiscal by Legislative  
          Counsel.

           COMMENTS  :   According to the author, "Some school districts have  
          school police departments that work 24 hours a day.  The San  
          Diego Schools Police Officers Association reports difficulty  
          meeting staffing requirements for its dispatching department  
          without incurring significant overtime.  Twelve hour shifts will  
          be a valuable tool to ensure the availability of school police  
          officer dispatchers when staffing is short due to hiring  
          freezes, illness, or other unforeseen circumstances.   
          Additionally, many employees may find it more convenient to work  
          on a 3/12 schedule due to the benefit of having 4 days off per  
          week."

          The author concludes, "The San Diego Unified School District has  
          endured six straight years of budget cuts and employees have  
          suffered hundreds of layoffs.  By passing AB 226 we can provide  
          school districts with school police dispatch departments an  
          important tool to realize staff savings while giving employees  
          the flexibility to choose which work schedule is right for  
          them."

          The Committee is informed that the State Board of Education can  
          approve a waiver of the overtime provisions if they are mutually  
          agreed to by the school district and the affected employee  
          organization.  The process for obtaining a waiver is cumbersome  
          and requires written public notice at every school site and  
          district owned facility; a press release, local school board  
          approval and staff travel to Sacramento to advocate for state  
          board approval.

          In 2005 the San Diego Unified School District and the San Diego  
          Schools Police Officer's Association obtained a waiver to allow  
          school police officer dispatchers to work on a 3/12 schedule.   
          The schedule worked well for the employees and for the school  
          district, and now both support codifying the practice.









                                                                  AB 226
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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          San Diego Schools Police Officer Association (Sponsor)
          Peace Officers Research Association of California
          San Bernardino School Police Officer's Association
          San Diego Unified School District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957