PECG Memorandum of Understanding

ARTICLE 8
HOURS OF WORK AND OVERTIME

8.1 Overtime

a.   All State laws and DPA regulations regarding overtime not modified by this agreement shall remain in effect.

b.   Travel Time

      Notwithstanding any other contract provision, departmental policy or practice, the travel time of employees who are covered by FLSA shall only be considered as time worked if it meets the definitions and requirements of travel time in Sections 785.34 through 785.41 of Title 29 of the Code of Federal Regulations.

c.   Paid Leave Counted As Time Worked – WWG 2     

      Time during which a Unit 9 employee assigned to Work Week Group (WWG) 2 is excused from work on paid leave (e.g., sick leave, vacation or annual leave) shall not be counted as hours worked within the workweek for purposes of determining if overtime has been earned. This language is consistent with GC 19844.1.

d.   Overtime Compensation – WWG 2

1.   Employees in classes assigned to Work Week Group 2 shall be compensated in cash or compensating time off at time and one-half at the discretion of each department head or his or her designee for ordered/authorized overtime of at least one-quarter hour at any one time.

2.   Employees shall obtain authorization to work overtime. Employees will only be compensated for overtime ordered or authorized by a supervisor.

3.   The employees preference will be considered when determining whether overtime will be compensated by cash or CTO except as otherwise provided by this agreement.

4.   Overtime will be credited on a one-quarter hour basis with a full quarter of an hour credit granted if five (5) minutes or more of the period is worked. Smaller fractional units will not be accumulated.

e.   Callback Compensation – WWG 2

      Employees assigned to Work Week Group 2 shall be credited with a minimum of four hours work time as provided in 2 Cal. Code Regs. § 599.708.

f.    Overtime Scheduling – WWG 2

      When routine overtime is scheduled at least 48-hours in advance, departments shall request volunteers from within the work area or unit who may thereafter be selected to perform the overtime work, except as provided herein. Nothing in this section shall be construed to (a) require management to seek volunteers during an emergency; (b) require selection of an employee who does not possess the requisite skills to perform the job; (c) requires solicitation of volunteers when a specific expertise or project familiarity is required; (d) require solicitation of volunteers who it reasonably believes are not available to respond in the time required; or, (e) limit management’s ability to require an employee to work overtime.

8.2 Work Week Groups

a.   Work Week Group “2”

      Work Week Group “2” applies to those classifications in State service subject to the provisions of the Fair Labor Standards Act (FLSA). Overtime for employees subject to the provisions of the FLSA is defined as all hours worked in excess of 40 hours in a period of 168 hours or seven consecutive 24-hour periods. Employees in Work Week Group 2 may accrue up to 240 hours of compensating time off. All hours in excess of the 240 hour maximum accrual will be compensated in cash.

b.   Work Week Group “E”

1.   Work Week Group “E” includes classes that are exempted from coverage under the FLSA because of the “white-collar” (administrative, executive, professional) exemptions. To be eligible for this exemption a position must meet both the “salary basis” and the “duties” test.

2.   Exempt (WWG E) employees are paid on a “salaried” basis and the regular rate of pay is full compensation for all hours worked to perform assigned duties. However, these employees shall receive up to 8 hours holiday credit when ordered to work on a holiday. Work Week Group E employee shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by this agreement.

3.   All Unit 9 employees/classifications presently assigned to Work Weeks Group 4A and 4C shall be moved to Work Week Group E.

4.   The following shall apply to employees/classifications assigned to Work Week Group E.

(a)  Employees are expected to work the hours necessary to accomplish their assignments and fulfill their responsibilities. Employee workload will normally require 40 hours per week to accomplish; however, inherent in their job is the responsibility and expectation that work weeks of a longer duration may be necessary.

(b)  Management may require employees to work specified hours; however, subject to operational needs as determined by the department, management may permit altered or flexible work schedules when requested by employees. Employees who alter their daily or weekly work schedules shall comply with reasonable procedures established by their department.

(c)  Employees are responsible for keeping management apprised of their schedule and whereabouts; and, must respond to directions from management to complete work assignments by specific deadlines.

(d)  Employees shall not:

(1)  Be charged any paid leave for absences in less than whole day increments.

(2)  Be docked or have their salary reduced for absences of less than an entire day.

(3)  Be suspended in increments of less than one complete work week (i.e., one week, two weeks, three weeks, etc.)

(4)  Have their pay reduced as a result of a disciplinary (adverse) action pursuant to Government Code section 19572.

(5)  Have absences of less than one day recorded for attendance record keeping or compensation purposes. Employees may, however, be required to record time for other purposes (e.g., budgeting, project tracking, etc.).

8.4 Work Shift Schedules

a.   Unless otherwise specified herein, the regular work week of full-time Unit 9 employees shall be forty (40) hours.

b.   Varying work shifts (swing shift, night shift or any work shift other than a traditional day shift) may be established by the employer in order to meet the needs of the State agencies.

c.   Employees’ work shifts shall not be permanently changed by the State without adequate prior notice. The State shall endeavor to give thirty (30) calendar days but in no case less than fifteen (15) calendar days notice.

8.5 Telecommuting and Alternate Work Schedules

a.   Telecommuting and alternate work schedules (e.g., 4/10/40) may be permitted where:

1.   They enhance productivity, improve facility utilization, reduce traffic congestion, improve air quality; and,

2.   Do not jeopardize safety or impact office or employee efficiency, necessary or valuable on-site interaction with others, or service to other departmental units, governmental agencies, clients, or members of the public.

b.   Telecommuting and/or alternate work schedules shall be permitted at the discretion of the appointing department. Departments that permit telecommuting and/or alternate work schedules may establish reasonable procedures and requirements (e.g., pertaining to the number of days and hours employees telecommute, what type of alternate work schedules are available, safety, equipment, availability, amount of notice to affected employee prior to discontinuing telecommuting or alternate work schedules) which employees must satisfy.

c.   Alternate work schedules that result in overtime for employees in WWG 2 because of the requirements of the FLSA shall not be permitted.

d.   This telecommuting section shall not be subject to the grievance and arbitration procedure contained in Article 12, except that employees who believe their request to telecommute (or have an alternate work schedule) was denied for purposes of discrimination, harassment, reprisal or retaliation may file a grievance that can be appealed up to the second level of the grievance procedure.