BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 226|
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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.
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AB 226
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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.
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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)
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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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