State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2000-021

  DATE:
  March 30, 2000

  TO:
  Accounting Officers
  Personnel Officers
  Personnel Transactions Supervisors

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  Untimely Payment of Wages 
  Shift Changes/Premium Pay 
  Bargaining Units 12 and 13

  CONTACT:
  Clarice Baker, Lois Cottros, or Olivia Hawkins, Personnel 
  Management Technicians
  (916) 324-9381, CALNET 454-9381
  FAX: (916) 327-1886
   
  Email: ClariceBaker@dpa.ca.gov, LoisCottros@dpa.ca.gov, or 
  OliviaHawkins@dpa.ca.gov


  As you may be aware, during the most recent round of 
  bargaining, the State and International Union of Operating 
  Engineers negotiated provisions relative to timely payment 
  of wages and shift change premiums.  The following explains 
  procedures to be followed in adhering to these provisions 
  (See 7.4 for BU 12 and 14.6 for BU 13):
  
  Untimely Payment
  
  A penalty for the untimely payment of regular wages shall 
  be paid when (1) there are errors or delays in processing 
  payroll documents; (2) the employee does not receive a 
  check on payday; and (3) a salary advance is not issued 
  within three workdays after payday for an amount close to 
  the actual net pay (gross salary less deductions) in 
  accordance with departmental policy.  Therefore, when a 
  revolving fund check is not issued within three workdays, 
  the employer will pay to the employee 5 percent of the 
  employee's base pay for that period, for each workday 
  beyond the three-day grace period.
  
  The above provision does not apply to those employees who 
  are on non-industrial disability insurance leave, 
  industrial disability leave, or who are receiving worker's 
  compensation payments. 
  
  The request for payment shall be made through the claims 
  process and departments may refer to the State 
  Administrative Manual (SAM) for guidelines on processing 
  payments as a claim.
  
  Shift Change
  
  When the employer fails to provide timely notice of a shift 
  change as defined in the agreement, a premium payment may 
  be required.
  
  Both short and temporary shift changes are defined as a 
  change in the hours of work in a day and/or the days of 
  work in a week.  The following chart outlines the notice 
  requirements and the premium penalty payments due employees 
  for failure to provide timely notice of a shift change as 
  defined in the agreement, by type of shift change.
  
  
  1. TYPE OF SHIFT CHANGE
     Short shift change of less than 10 days
     Bargaining Unit 12   7.4a
     Bargaining Unit 13   14.6a
  
     NOTICE REQUIREMENT
     At least 24 hours prior to shift change
  
     PREMIUM TO BE PAID FOR FAILURE TO PROVIDE PROPER NOTICE
     One and one-half times the regular rate of pay for the 
  entire first shift
  
  2. TYPE OF SHIFT CHANGE
     Temporary shift change of 10 to 30 days
     Bargaining Unit 12   7.4b
     Bargaining Unit 13   14.6b
  
     NOTICE REQUIREMENT
     At least 3 working days notice
  
     PREMIUM TO BE PAID FOR FAILURE TO PROVIDE PROPER NOTICE
     One and one-half times the regular rate of pay for all 
  hours worked on the temporary shift prior to passage of 
  the three-day notice period.
  
  
  The request for payment for a short shift change and a 
  temporary shift change as described above shall be made as 
  a pay differential.  Pay Differential #200  Short 
  Shift/Temporary Shift Change - Units 12 and 13 is 
  established in Pay Letter 00-08.
  
  If you have questions regarding these penalty payments, you 
  may contact your department's Personnel Management 
  Technician in the Policy and Operations Division at DPA.
  
  
  
  Michael T. Navarro
  Labor Relations Officer