CHAPTER  262 LINKS |
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| "To improve the lives of our members, students, and community." |
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| Classified Employees Have A Right To Overtime Pay |
| California Education Code 88027, 88030 |
- Classified employees must be paid at one and one-half times their “regular rate of pay” for all work “suffered or permitted” (allowed) in excess of eight hours a day and/or in excess of forty hours per week.
- Classified employees who are part-time employees and average four or more hours per day during their regular workweek must be paid at the overtime rate for all time worked on the sixth and seventh day following the beginning of their work week. Classified employees who are part-time and average less than four hours per day must be paid at the overtime rate for all time worked on the seventh day following the beginning of their workweek.
- Classified employees may be allowed the use of compensatory time off (earned at the rate of time and one-half for time worked over 40 hours a week) in lieu of cash compensation, if not restricted by the collective bargaining agreement. Compensatory time can accumulate to a maximum of 240 hours and can be used at any time up to twelve months in which it was earned so long as it does not unduly disrupt the district’s operation. Compensatory time, when taken, must be paid at the rate in effect when it is taken. This applies equally to when a classified employee elects to receive a payoff instead of taking the time.
- Under the “suffered or permitted” concept classified employees cannot be both a “paid” employee and a “non-paid” volunteer while performing the same type of work for the same employer. Classified employees must be paid for all work that might be considered work within their classification. (For example: A food service worker could volunteer to type letters for “back to school night”, but could not volunteer to cook at the school’s pancake breakfast.)
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| 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; Fair Labor Standards Act. |
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