BILL ANALYSIS                                                                                                                                                                                                    






          
          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO:  AB 226
          Jim Beall, Chair             HEARING DATE:  June 10, 2013
          AB 226 (Atkins)    as amended   4/24/13       FISCAL:  NO

          SCHOOL POLICE EMPLOYEES:  ALTERNATIVE WORKWEEK SCHEDULE
           
           HISTORY  :

            Sponsor:  San Diego Schools Police Officers Association  
            (POA)

            Other legislation:AB 60 (Knox),
                          Chapter 134, Statutes of 1999

           ASSEMBLY VOTES  :

            PER & SS                 7-0       5/08/13
            Assembly Floor           75-0      5/13/13
           
          SUMMARY  :

          AB 226 would authorize the governing board of a school  
          district or county superintendent to establish a  
          12-hour-per-day, 80-hour-per-2-week work schedule, also  
          referred to as a 3/12 workweek schedule, for school police  
          departments if agreed to in a collective bargaining  
          agreement, as specified.

           BACKGROUND AND ANALYSIS  :
          
          1)   Existing federal law  :

            a)  is broader than state law and 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.

            b)  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.

          Glenn A. Miles
          Date:  May 29, 2013                                     Page  
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            c)  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.

          2)  Existing state law  :

            a)  is more restrictive than federal law and requires that  
              the workweek of a classified school 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.

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

            c)  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 schedule  
              has the concurrence of the affected employee, class of  
              employees, or classes of employees as ascertained through  
              the employee organization representing a majority of the  
              affected employees or class or classes of employees.

            d)  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; requires that a classified school employee  
              who works authorized overtime be compensated at a premium  
              wage rate at least equal to time and one-half of his or  
              her regular rate of pay; and mandates overtime  
              compensation after eight hours of work for classified  
          Glenn A. Miles
          Date:  May 29, 2013                                     Page  
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              school employees.

          3)   This bill  :  
           
            a)  authorizes the establishment of a 12-hour per day,  
              80-hour-per-2-week work schedule,  also referred to as a  
              3/12 workweek 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:

               i.     express provisions for the wages, hours, and  
                 working conditions.

               ii.       express provisions for meal periods and final  
                 and binding arbitration of disputes involving the meal  
                 period provisions.

               iii.      premium wage rates for all overtime worked.

               iv.    a regular rate of pay that is at least 30% above  
                 the state minimum wage.

            b)  specifies that when the new workweek schedule is  
              adopted, it will consist of seven work days - six that  
              are 12-hour-days and one that is an 8-hour-day (for a  
              total of 80 hours in a two week period).  Time and a half  
              will be paid for overtime hours worked in excess of the  
              scheduled 12 or 8 hour workday.

            c)  requires the 3/12 workweek schedule to be arranged in a  
              manner such that no employee will be required to work  
              more than 40 hours in a workweek (e.g., splitting the  
              8-hour day so that the first half falls within one  
              workweek and the second half falls within the next  
              workweek would provide 3 12-hour days and 1 4-hour day in  
              the first workweek followed by 1 4-hour day and 3 12-hour  
              days in the next workweek).

           COMMENTS  :

          1)  Argument in Support  :

          Glenn A. Miles
          Date:  May 29, 2013                                     Page  
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          According to the sponsor, the State Board of Education, under  
          a complicated and burdensome process, provided a waiver to  
          the San Diego Unified School District in 2005 to allow it and  
          the sponsor to utilize the alternative workweek schedule  
          proposed by this bill.  The experiment using the so-called  
          3/12 alternative workweek schedule resulted in greater  
          savings than other currently available workweek schedules and  
          resulted in "greater productivity by employees and a  
          reduction in employees calling in sick due to longer rest  
          periods between workweeks."

          2)   SUPPORT  :

            San Diego Schools Police Officers Association (POA),  
            Sponsor
            Peace Officers Research Association of California (PORAC)
            San Diego County Office of Education
            Los Angeles School Police Association
            San Bernadino School Police Officer's Association

          3)   OPPOSITION  :

            None to date




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          Glenn A. Miles
          Date:  May 29, 2013                                     Page  
          4