BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                        AB 226|
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          Bill No:  AB 226
          Author:   Atkins (D)
          Amended:  4/24/13 in Assembly
          Vote:     21

          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.



                                                                     AB 226

          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  

          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.



                                                                     AB 226

          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  

             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  

          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  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

           SUPPORT  :   (Verified  6/11/13)

          San Diego Schools Police Officers Association (source)



                                                                     AB 226

          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

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