Bill Text: CA AB226 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Classified employees: school police: workweek.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-12 - Chaptered by Secretary of State - Chapter 73, Statutes of 2013. [AB226 Detail]

Download: California-2013-AB226-Chaptered.html

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BILL NUMBER: AB 226	CHAPTERED
	BILL TEXT

	CHAPTER  73
	FILED WITH SECRETARY OF STATE  AUGUST 12, 2013
	APPROVED BY GOVERNOR  AUGUST 12, 2013
	PASSED THE SENATE  JUNE 24, 2013
	PASSED THE ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 24, 2013

INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 4, 2013

   An act to add Section 45133.5 to the Education Code, relating to
school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 226, Atkins. Classified employees: school police: workweek.
   Existing law generally prescribes the workweek of a classified
school employee to be 40 hours, and prescribes the workday to be 8
hours. Existing law also authorizes the governing board of a school
district or a county superintendent of schools to establish a
9-hour-per-day, 80-hour-per-2-week work schedule, subject to the
concurrence of the employee organization, or, absent an employee
organization, subject to the concurrence of the affected employee.
Existing law generally provides for the payment of overtime
compensation for hours worked in excess of the required workday,
except as specified.
   This bill would also authorize the governing board of a school
district or a county superintendent of schools to establish a
12-hour-per-day, 80-hour-per-2-week work schedule for school police
departments, provided the establishment of the work schedule is
consented to in a valid collective bargaining agreement that contains
specified provisions, including, among others, express provisions
for the wages, hours of work, and working conditions of employees.
The bill would require the payment of overtime compensation for hours
worked in excess of the required workday, as specified, and would
require the workweek to be defined so that no employee will be
required to work more than 40 hours during any given workweek.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45133.5 is added to the Education Code, to
read:
   45133.5.  (a) Notwithstanding Sections 45127 and 45131, a
governing board of a school district or a county superintendent of
schools may establish a 12-hour-per-day, 80-hour-per-2-week work
schedule for school police departments, provided the establishment of
the work schedule is consented to in a valid collective bargaining
agreement that contains all of the following:
   (1) Express provisions for the wages, hours of work, and working
conditions of employees.
   (2) Express provisions for meal periods of employees, and final
and binding arbitration of disputes concerning application of the
meal period provisions.
   (3) Premium wage rates for all overtime hours worked.
   (4) A regular hourly rate of pay of not less than 30 percent more
than the state minimum wage rate.
   (b) When a 12-hour-per-day, 80-hour-per-2-week work schedule is
established, it shall consist of seven work days, six of which shall
be 12-hour days, and one of which shall be an eight-hour day. The
overtime rate shall be paid for all hours worked in excess of the
required workday, at a rate equal to one and one-half times the
regular rate of pay for the employee designated and authorized to
perform the work.
   (c) When a 12-hour-per-day, 80-hour-per-2-week work schedule is
established, the workweek shall be defined so that no employee will
be required to work more than 40 hours during any given workweek.