BILL NUMBER: AB 2236 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
An act to amend Sections 45127, 45128, 45132, 45180, 88026, 88027,
88040, and 88180 of the Education Code, relating to school
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2236, as introduced, Hueso. School employees: employment.
(1) Existing law requires the governing board of a school district
or community college district to establish the workday and workweek
schedules of a classified employee, as defined. Existing law requires
the regular workweek of a classified employee to be 40 hours and the
regular workday of a classified employee to be 8 hours. Existing law
authorizes a governing board of a school district or community
college district to establish alternate workweek schedules of
classified employees provided the establishment of such a workweek
has the concurrence of the concerned employee or employee
organization, as specified.
This bill would require the regular workweek schedule of a school
district employee in a position not requiring certification
qualifications, as specified, and a community college employee in a
nonacademic position, as specified, to be 40 hours a week and the
regular workday schedule to be 8 hours a day. The bill would
authorize a governing board of a school district or community college
district to establish alternate workday and workweek schedules of
school district employees, as specified, and community college
district employees in nonacademic positions provided the
establishment of such a workweek has the concurrence of the concerned
employee or employee organization, as specified.
(2) Existing law requires the governing board of a school district
or community college district to provide the extent to which, and
establish the method by which, ordered overtime is compensated for
all classified positions or for certain classes of classified
positions, as specified.
This bill would require the governing board of a school district
to provide the extent to which, and establish the method by which,
ordered overtime is compensated for all positions not requiring
certification or for certain classes of positions not requiring
certification. The bill also would require the governing board of a
community college district to provide the extent to which, and
establish the method by which, ordered overtime is compensated for
all nonacademic positions or for certain classes of nonacademic
positions.
(3) Existing law requires the governing board of every school
district and community college district, or the personnel commission
in any merit system school district or community college district, to
determine the practices relating to morning and night shift salary
differentials in the private employment fields in which it must
compete for employees for its classified staff and to consider the
advisability of providing comparable salary differentials for its
classified staff. Existing law defines "shift" as the number of hours
worked and includes a duty-free meal period, as specified.
This bill would revise the definition of "shift" to also include a
duty-free rest period, as specified, and would provide that an
employee who is not provided a meal period or rest period would be
required to receive one additional hour of pay at the employee's
regular rate of compensation for each workday that the meal period or
rest period is not provided.
The bill also would make technical, nonsubstantive changes to
these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 45127 of the Education Code is amended to read:
45127. (a) The workweek of a classified employee, as defined in
Section 45103 or 45256, and an employee in a position not
requiring certification qualifications who is excluded from
classified service pursuant to subdivision (b) of Section 45103 or
subdivision (b) of Section 45256 shall be 40 hours. The workday
shall be eight hours. These provisions do not restrict the extension
of a regular workday or workweek on an overtime basis if it is
necessary to carry on the business of the district. This section does
not bar the district from establishing a workday of less than eight
hours or a workweek of less than 40 hours for all or any of its
classified positions not requiring
certification .
(b) Notwithstanding this section and Section 45128, a governing
board may, with the approval of the personnel commission, where
applicable, exempt specific classes of positions from compensation
for overtime in excess of eight hours in one day, provided that hours
worked in excess of 40 in a calendar week shall be compensated on an
overtime basis. This exemption applies only to those classes that
the governing board and personnel commission, where applicable,
specifically find to be subject to fluctuations in daily working
hours not susceptible to administrative control, such as security
patrol and recreation classes, but shall not include food service and
transportation classes.
(c) This section applies to school districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 6 (commencing with Section 45240).
SEC. 2. Section 45128 of the Education Code is amended to read:
45128. (a) The governing board of each
school district shall provide the extent to which, and
establish the method by which , ordered overtime is
compensated. The governing board shall provide for such
compensation or compensatory time off at a rate at least equal to
time and one-half the regular rate of pay of the employee designated
and authorized to perform the overtime.
Overtime
(b) For purposes of this section,
overtime is defined to include any time required to be worked
in excess of eight hours in any one day and in excess of 40 hours in
any calendar week. If a governing board establishes a workday of less
than eight hours but seven hours or more and a workweek of less than
40 hours but 35 hours or more for all of its classified
positions not requiring certification or for
certain classes of classified positions not
requiring certification , all time worked in excess of the
established workday and workweek shall be deemed to be overtime. The
foregoing provisions do not apply to classified
positions not requiring certification for which a workday
of fewer than seven hours and a workweek of fewer than 35 hours has
been established, nor to positions for which a workday of eight hours
and a workweek of 40 hours has been established, but in which
positions employees are temporarily assigned to work fewer than eight
hours per day or 40 hours per week when such reduction in hours is
necessary to avoid layoffs for lack of work or lack of funds and the
consent of the majority of affected employees to such reduction in
hours has been first obtained.
For
(c) For the purpose of computing
the number of hours worked, time during which an employee is excused
from work because of holidays, sick leave, vacation, compensating
time off, or other paid leave of absence shall be considered as time
worked by the employee.
This
(d) This section shall apply to
school districts that have adopted the merit system in the
same manner and effect as if it were a part of Article 6 (commencing
with Section 45240) of this chapter.
SEC. 3. Section 45132 of the Education Code is amended to read:
45132. (a) Notwithstanding the provisions
of Section 45131, a governing board of a school district
may establish a 10-hour-per-day, 40-hour, four-consecutive-day
workweek 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 has the concurrence of the concerned
employee, class of employees, or classes of employees as ascertained
through the employee organization representing a majority of the
concerned employees or class or classes , of
employees, as determined by the payroll deduction authorizations for
dues in classified employee organizations on file
with the district on the last day of the month next preceding the
date the governing board action was taken.
Where
(b) Where a governing
board has previously established the workweek of not less than 35
hours, it may require the established workweek to be performed in
four consecutive days by any class or classes of employees or by
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, with the
concurrence of employee personnel as provided herein
in this section .
When
(c) When a four-day workweek is
established, the overtime rate shall be paid for all hours worked in
excess of the required workday, which shall not exceed 10 hours. Work
performed on the fifth, sixth , and seventh days shall be
compensated for at a rate equal to 11/2 times the regular rate of
pay of the employee designated and authorized to perform the work.
An
(d) An employee working an
average workday of five hours or less during a workweek shall, for
any work required to be performed on the sixth or seventh day
following the commencement of his workweek, be compensated for at a
rate equal to 11/2 times the regular rate of pay of the employee
designated and authorized to perform the work.
This
(e) This section shall apply to
school districts that have adopted the merit system in the
same manner and effect as if it were a part of Article 6 (commencing
with Section 45240) of this chapter.
SEC. 4. Section 45180 of the Education Code is amended to read:
45180. For purposes of this article, the following definitions
shall apply unless the context indicates otherwise:
(a) "Differential compensation" means either a reduction in the
number of hours required to be actually worked or an increase in
salary.
(b) (1) "Shift" means the number of hours
worked and shall include a the following:
(A) A duty-free meal period of
not less than one-half hour for employees working more than six
hours, which, in the case of a seven- or eight-hour shift,
shall occur approximately at the midpoint of the shift. This
subdivision shall not apply to employees working six hours or less,
or assigned to a split shift.
(B) A duty-free rest period of 10 minutes for every four hours of
work or major fraction thereof for employees working three and
one-half hours or more, which shall occur approximately at the
midpoint of each four-hour period.
(2) An employee who is not provided a meal period or rest period
in accordance with this subdivision shall receive one additional hour
of pay at the employee's regular rate of compensation for each
workday that the meal period or rest period is not provided.
SEC. 5. Section 88026 of the Education Code is amended to read:
88026. (a) The workweek of a classified
employee, as defined in Section 88033 88003
or Section 88076, and an employee in a non
academic position who is excluded from the classified service
pursuant to Section 88003 or subdivision (b) of Section
88076 shall be 40 hours. The workday shall be eight hours.
These provisions do not restrict the extention
extension of a regular workday or workweek on an overtime
basis when such if it is necessary to
carry on the business of the district. Nothing in this section shall
be deemed to bar the district from establishing a workday of less
than eight hours or a workweek of less than 40 hours for all or any
of its classified nonacademic
positions.
Notwithstanding
(b) Notwithstanding
the provisions of this section and Section 88027, a governing board
may, with the approval of the personnel commission, where applicable,
exempt specific classes of positions from compensation for overtime
in excess of eight hours in one day, provided that hours worked in
excess of 40 in a calendar week shall be compensated on an overtime
basis. Such exemption shall be applied only to those classes
which that the governing board and personnel
commission, where applicable, specifically find to be subject to
fluctuations in daily working hours not susceptible to administrative
control, such as security patrol and recreation classes, but shall
not include food-service and transportation classes.
This
(c) This section shall apply to
districts that have adopted the merit system in the same manner and
effect as if it were a part of Article 3 (commencing with Section
88060) of this chapter.
SEC. 6. Section 88027 of the Education Code is amended to read:
88027. (a) The governing board of each
community college district shall provide the extent to which, and
establish the method by which , ordered overtime is
compensated. The governing board shall provide for such
compensation or compensatory time off at a rate at least equal to
time and one-half the regular rate of pay of the employee designated
and authorized to perform the overtime.
Overtime
(b) For purposes of this section,
overtime is defined to include any time required to be worked
in excess of eight hours in any one day and in excess of 40 hours in
any calendar week. If a governing board establishes a workday of less
than eight hours but seven hours or more and a workweek of less than
40 hours but 35 hours or more for all of its classified
nonacademic positions or for certain classes of
classified nonacademic positions, all
time worked in excess of the established workday and workweek shall
be deemed to be overtime. The foregoing provisions do not apply to
classified nonacademic positions for
which a workday of fewer than seven hours and a workweek of fewer
than 35 hours has been established, nor to positions for which a
workday of eight hours and a workweek of 40 hours has been
established, but in which positions employees are temporarily
assigned to work fewer than eight hours per day or 40 hours per week
when such reduction in hours is necessary to avoid layoffs for lack
of work or lack of funds and the consent of the majority of affected
employees to such reduction in hours has been first obtained.
For
(c) For the purpose of computing
the number of hours worked, time during which an employee is excused
from work because of holidays, sick leave, vacation, compensating
time off, or other paid leave of absence shall be considered as time
worked by the employee.
This
(d) This section shall apply to
districts that have adopted the merit system in the same manner and
effect as if it were a part of Article 3 (commencing with Section
88060) of this chapter.
SEC. 7. Section 88040 of the Education Code is amended to read:
88040. (a) (1) Notwithstanding Section 88026, the governing board
of a community college district may establish the workday and
workweek schedules of classified nonacademic
employees with the concurrence of the employee organization, or
in the absence of an employee organization, the concurrence of the
affected employee.
(2) Notwithstanding Section 88027, if the governing board of a
community college district establishes a workday or workweek
schedule, or both, pursuant to this section, the overtime rate shall
be paid for all hours worked in excess of the required workday or a
workweek of 40 hours.
(b) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 8. Section 88180 of the Education Code is amended to read:
88180. For purposes of this article, the following definitions
shall apply unless the context indicates otherwise:
(a) "Differential compensation" means either a reduction in the
number of hours required to be actually worked or an increase in
salary.
(b) (1) "Shift" means the number of hours
worked and shall include a the following:
(A) A duty-free meal period of
not less than one-half hour for employees working more than si
x hours, which, in the case of a seven- or
eight-hour shift, shall occur approximately at the midpoint of the
shift. This subdivision shall not apply to employees working
six hours or less, or assigned to a split shift.
(B) A duty-free rest period of 10 minutes for every four hours of
work or major fraction thereof for employees working three and
one-half hours or more, which shall occur approximately at the
midpoint of each four-hour period.
(2) An employee who is not provided a meal period or rest period
in accordance with this subdivision shall receive one additional hour
of pay at the employee's regular rate of compensation for each
workday that the meal period or rest period is not provided.