BILL ANALYSIS Ó
AB 226
Page 1
ASSEMBLY THIRD READING
AB 226 (Atkins)
As Amended April 24, 2013
Majority vote
PUBLIC EMPLOYEES 7-0
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|Ayes:|Bonta, Allen, Harkey, | | |
| |Jones-Sawyer, Mullin, | | |
| |Rendon, Wieckowski | | |
| | | | |
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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.
AB 226
Page 2
EXISTING FEDERAL LAW :
1)Establishes, under the Fair Labor Standards Act (FLSA),
minimum wage, overtime pay, recordkeeping, and child labor
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.
AB 226
Page 3
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.
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 or her regular rate of pay.
6)Mandates overtime compensation after eight hours of work for
classified school employees.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
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 Assembly Public Employees, Retirement and Social Security
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.
AB 226
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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.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0000426