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Classified Employees Workweek and Workday Must Be Set
California Education Code 88026, 88040, 88180
  • The workweek and workday must be set for all classified employees
  • The district cannot increase, decrease or in any way alter any employee's workweek or workday without fully negotiating the change with CSEA
  • A classified employee’s workweek shall normally be no more than forty hours per week
  • The workday shall normally be no more than eight hours per day
  • The district may negotiate a workweek of less than forty hours or a workday of less than eight hours for all or any of its classified positions
  • Classified employees are entitled to a meal period of not less than one-half hour ocurring at approximately the midpoint of their shift
  • Classified employees may negotiate a 10-hour four-day-a-week or 9-hour 80-hour-per two-week schedule
  • A district must negotiate with CSEA before reducing the hours of vacant positions if labor costs are the primary basis for the change
Enforcement
If language is in the collective bargaining agreement - file a grievance. If not, civil action may be pursued; U.S. Dept. of Labor, Wage and Hour Division; PERB; Fair Labor Standards Act.

Case Law: Healdsburg Union High School District (1984) PERB Decision No. 375 [8 PERC 15021], Reduction of vacant positions – Arcata Elementary School District (1996) PERB Decision No. 1163 & East Side Union High School District (1999) PERB Decision No. 1353
 
 
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