BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 226| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 226 Author: Atkins (D) Amended: 4/24/13 in Assembly Vote: 21 SENATE PUBLIC EMPLOYMENT & RETIREMENT COMM. : 5-0, 6/10/13 AYES: Beall, Walters, Block, Gaines, Yee ASSEMBLY FLOOR : 75-0, 5/13/13 - See last page for vote SUBJECT : Classified employees: school police: workweek SOURCE : San Diego Schools Police Officers Association DIGEST : This bill 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, also referred to as a 3/12- workweek schedule, for school police departments if agreed to in a collective bargaining agreement, as specified. ANALYSIS : Existing federal law: 1. Establishes, under the Fair Labor Standards Act, 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. CONTINUED AB 226 Page 2 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 the workweek of a classified school employee to be 40 hours and the workday to 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. Permits the governing board of a school district to 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 school 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 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. 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; 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/her regular rate of pay; and mandates overtime compensation after eight hours of work for classified school employees. CONTINUED AB 226 Page 3 This bill: 1. 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: 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; and D. A regular rate of pay that is at least 30% above the state minimum wage. 2. 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. 3. 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 provides three 12-hour days and one 4-hour day in the first workweek followed by one 4-hour day and three 12-hour days in the next workweek). FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/11/13) San Diego Schools Police Officers Association (source) CONTINUED AB 226 Page 4 Los Angeles School Police Association Peace Officers Research Association of California San Bernardino School Police Officer's Association San Diego County Office of Education San Diego Unified School District ARGUMENTS IN SUPPORT : According to the San Diego Police Officers Association (SD POA), the State Board of Education, under a complicated and burdensome process, provided a waiver to the San Diego Unified School District in 2005 to utilize the alternative workweek schedule proposed by this bill. According to the SD POA, 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. ASSEMBLY FLOOR : 75-0, 5/13/13 AYES: Achadjian, Alejo, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Allen, Ammiano, Holden, Lowenthal, Vacancy JL:d 6/11/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED