BILL ANALYSIS Ó 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 1 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 2 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 3 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 ##### Glenn A. Miles Date: May 29, 2013 Page 4