6.1 Overtime - Effective September 1, 1999
A. 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.
B. Paid Leave Counted As Time Worked - WWG 2
Time during which a Unit 2 employee assigned to Work Week Group (WWG) 2 is excused from work on paid leave (e.g., sick leave, vacation, annual leave) shall be counted as hours worked within the workweek for purposes of determining if overtime has been earned.
C. Overtime Compensation - WWG 2
Employees in classes assigned to Work Week Group 2 shall be compensated at time and one-half in cash or compensating time off 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.
Employees shall obtain authorization to work overtime. Employees will only be compensated for overtime ordered or authorized by a supervisor.
The employee's preference will be considered when determining whether overtime will be compensated by cash or CTO except as otherwise provided by this agreement.
Overtime will be credited on a one-quarter hour basis with a full quarter of an hour credit granted if half or more of the period is worked. Smaller fractional units will not be accumulated.
6.2 Work Week Groups - Effective September 1, 1999
A. Work Week Group "2" - Graduate Legal Assistants and Deputy Labor Commissioners I
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.
All Unit 2 employees/classifications assigned to Work Week Group 1, 4A (e.g., Graduate Legal Assistants) and 4B Deputy Labor Commissioners I shall be moved to Work Week Group 2.
B. Work Week Group "E" - Hearing Advisors, Hearing Officers, Judges, Referees
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.
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 authorized to work on a holiday. Work Week Group E employees shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by this agreement.
All employees/classifications presently assigned to Work Week 4C who are not in an attorney/counsel classification shall be moved to Work Week Group E (e.g., hearing advisors, hearing officers, judges, referees, Deputy Labor Commissioner II, Deputy Commissioner-Board of Prison Terms).
C. Work Week Group "SE" - Attorneys
Work Week Group "SE" applies to those positions/employees that under Federal law are statutorily exempt from coverage under the Fair Labor Standards Act. To be eligible for this exemption a person must hold a valid license or certificate permitting the practice of law and be engaged in the practice of law.
The regular rate of pay is full compensation for all time that is required for the WWG SE employees to perform assigned duties. However, WWG SE employees shall receive up to 8 hours holiday credit when authorized to work on a holiday. Work Week Group SE employees shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by this agreement.
All attorney-counsel employees/classifications presently assigned to Work Week Group 4C shall be moved to Work Week Group SE.
6.3 Hours of Work and Work Schedules - WWGs E and SE - Effective September 1, 1999
The following shall apply to employees/classifications assigned to Work Week Groups E and SE.
A. Employees are expected to work all hours necessary to accomplish their assignments and fulfill their responsibilities. Employees will normally average 40 hours of work per week including paid leave; however, work weeks of a longer duration may occasionally be necessary.
B. Employees shall not be denied either flexible working hours or reduced work time except for operational needs which shall be in writing. Employees with flexible work schedules shall comply with reasonable procedures established by their department. This section concerning flexible working hours and reduced work time is subject to the grievance procedure up to and including the third level of review. It shall not be subject to arbitration.
C. Employees are responsible for keeping management reasonably apprised of their schedule and whereabouts; and, must respond to directions from management to complete work assignments. Employees may be required to record time for purposes such as client billing, budgeting, case or project tracking.
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.
A. The State and ACSA recognize that telecommuting has been proven to improve employee morale, reduce traffic congestion and improve productivity. Employee requests to telecommute shall not be denied except for operational needs.
B. This section shall not be subject to the grievance and arbitration procedure contained in Article 7, except that employees who believe their request to telecommute was denied in violation of this telecommuting section may file a grievance that can be appealed to the third level of the grievance procedure.