Bill Text: CA AB1137 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1137

Bill Title: Excluded employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-07-03 - Read second time and amended. Re-referred to Com. on APPR. [AB1137 Detail]

Download: California-2023-AB1137-Amended.html

Amended IN Senate July 03, 2024

Amended IN Senate June 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1137

Introduced by Assembly Member Jones-Sawyer

February 15, 2023

An act to amend Sections 19832 and 19853 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 1137, as amended, Jones-Sawyer. Excluded employees.

Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service, subject to any merit limits contained in the California Constitution. Existing law provides that, after completion of the first year in a position, an employee shall receive a merit salary adjustment during each year when they meet the standards of efficiency, as prescribed by the department.

Existing law, the Ralph C. Dills Act, governs collective bargaining between the state and recognized state public employee organizations. The act defines “state employee” for purposes of the act and excludes certain employees from that definition, including managerial employees, supervisory employees, and confidential employees.

This bill would require an employee who is excluded from the definition of “state employee” to be informed in writing of a merit salary adjustment denial 10 working days before the proposed effective date of the adjustment.

Existing law entitles all state employees to be given time off with pay for specified holidays and entitles a state employee who is required to work on those holidays to receive straight-time pay and 8 hours of holiday credit.

This bill would ~~specify that a state employee who is required to work on the holidays specified above is entitled to receive straight-time pay and up to 8 hours of holiday credit. The bill would~~ require an employee who is excluded from the definition of “state employee” and who is required to work on certain holidays to receive specified compensation and holiday credit if the employee is eligible for overtime payments under the federal Fair Labor Standards Act, or, if the employee is ineligible for overtime payments, to receive specified holiday credit and informal time off.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 19832 of the Government Code is amended to read:

19832.

(a) After completion of the first year in a position, each employee shall receive a merit salary adjustment equivalent to one of the intermediate steps during each year when they meet the standards of efficiency as the department by rule shall prescribe.

(b) An employee who is excluded from the definition of “state employee” in subdivision (c) of Section 3513 shall be informed in writing of a merit salary adjustment denial 10 working days before the proposed effective date of the adjustment.

(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 2.

Section 19853 of the Government Code is amended to read:

19853.

(a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, the day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

(b) If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.

(c) (1) Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and ~~up to~~ eight hours of holiday credit.

(2) Notwithstanding paragraph (1), an employee who is excluded from the definition of “state employee” in subdivision (c) of Section 3513 and who is required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, or December 25 shall be subject to the following:

(A) Excluded employees who are eligible for overtime payments under the federal Fair Labor Standards Act shall be paid one and one-half times their salary rate for all hours worked on the holiday and up to eight hours of holiday credit. This pay shall count toward any premium overtime compensation earned during the same workweek. Part-time employees shall receive prorated amounts subject to department rules.

(B) Excluded employees who are ineligible for overtime payments under the federal Fair Labor Standards Act shall receive up to eight hours of holiday credit and four hours of informal time off. Part-time employees shall receive prorated amounts of holiday credit and informal time off, subject to department rules.

(d) For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime.

(e) Any state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the date corresponding with the new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854.

(f) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules.

(g) If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.