BILL ANALYSIS �
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.
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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
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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 :
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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
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