State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2002-048

  DATE:
  August 19, 2002

  TO:
  Personnel Officers
  Personnel Transactions Supervisors

  FROM:
  Department of Personnel Administration
  Classification and Compensation Division

  SUBJECT:
  Holiday and Overtime Compensation - Bargaining Units 1, 3, 
  4, 11, 15, and Employees Excluded from Collective 
  Bargaining

  CONTACT:
  Clarice Pace, Personnel Program Analyst
  (916) 324-0439
  FAX: (916) 327-1886
  E-mail: ClaricePace@dpa.ca.gov


  This memorandum provides the method for calculating holiday 
  compensation in conjunction with overtime for employees 
  covered under the Fair Labor Standards Act (FLSA) who are 
  in Bargaining Units 1, 3, 4, 11, and 15.  In addition, all 
  employees in classifications excluded from collective 
  bargaining who are affiliated with these bargaining units 
  are subject to the same method of calculation.
  
  Article 7(F) of the Master Table Agreement provides a 
  permanent full-time employee up to eight hours of holiday 
  credit for all observed holidays that fall on the 
  employee's regularly scheduled day off.  However, if the 
  employee is required to work on an observed holiday, the 
  employee shall be compensated at a premium rate.  The 
  premium rate of compensation shall be at the State's 
  discretion in the form of holiday credit, cash, or 
  compensating time off.
  
  The same provisions for holiday compensation have been 
  approved for excluded (from collective bargaining) 
  employees who are affiliated with Bargaining Units 1, 3, 4, 
  11, and 15.
  
  Article 19.2(A) of the Master Table Agreement provides 
  overtime compensation at the rate of one and one-half times 
  the employee's hourly rate of pay for all hours worked in 
  excess of 40 hours.  The compensation shall be at the 
  State's discretion in the form of cash or compensating time 
  off.
  
  Employees who are excluded from collective bargaining but covered by 
  the provisions of the FLSA are also required to receive overtime 
  compensation at one and one-half times their regular rate of pay for 
  all hours worked in excess of 40 hours.  These provisions are applied 
  the same for all FLSA-covered employees.
  
  In order to assist departmental personnel offices in processing 
  holiday and overtime compensation, the following attachment provides 
  examples clarifying bargaining unit language and the method for 
  calculating holiday compensation in conjunction with overtime.
  
  If your personnel office staff have questions regarding holidays or 
  overtime compensation provisions, they may contact Clarice Pace at the 
  above telephone number.  Individual employee questions should be 
  directed to the department's personnel office.
  
  
  
  
  Michael T. Navarro, Chief
  Classification and Compensation Division
  
  Attachments will be distributed via mail.