8.1 Overtime

a. All State laws and CalHR regulations regarding overtime not modified by this agreement shall remain in effect.

b. 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.

c. Paid Leave Counted As Time Worked – WWG 2

Time during which a Unit 9 employee assigned to Work Week Group (WWG) 2 is excused from work on paid leave (e.g., sick leave, vacation or annual leave) shall not be counted as hours worked within the workweek for purposes of determining if overtime has been earned. This language is consistent with GC 19844.1.

d. Overtime Compensation – WWG 2

  1. Employees in classes assigned to Work Week Group 2 shall be compensated in cash or compensating time off at time and one-half 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.
  2. Employees shall obtain authorization to work overtime. Employees will only be compensated for overtime ordered or authorized by a supervisor.
  3. The employees preference will be considered when determining whether overtime will be compensated by cash or CTO except as otherwise provided by this agreement.
  4. Overtime will be credited on a one-quarter hour basis with a full quarter of an hour credit granted if five (5) minutes or more of the period is worked. Smaller fractional units will not be accumulated.

e. Callback Compensation – WWG 2

Employees assigned to Work Week Group 2 shall be credited with a minimum of four hours work time as provided in 2 Cal. Code Regs. § 599.708.

f. Overtime Scheduling – WWG 2

When routine overtime is scheduled at least 48-hours in advance, departments shall request volunteers from within the work area or unit who may thereafter be selected to perform the overtime work, except as provided herein. Nothing in this section shall be construed to (a) require management to seek volunteers during an emergency; (b) require selection of an employee who does not possess the requisite skills to perform the job; (c) requires solicitation of volunteers when a specific expertise or project familiarity is required; (d) require solicitation of volunteers who it reasonably believes are not available to respond in the time required; or, (e) limit management’s ability to require an employee to work overtime.

8.2 Work Week Groups

a. Work Week Group “2”

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.

b. Work Week Group “E”

  1. 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.
  2. 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 ordered to work on a holiday. Work Week Group E employee shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by this agreement.
  3. All Unit 9 employees/classifications presently assigned to Work Weeks Group 4A and 4C shall be moved to Work Week Group E.
  4. The following shall apply to employees/classifications assigned to Work Week Group E.

(a)   Employees are expected to work the hours necessary to accomplish their assignments and fulfill their responsibilities. Employee workload will normally require 40 hours per week to accomplish; however, inherent in their job is the responsibility and expectation that work weeks of a longer duration may be necessary.

(b)   Management may require employees to work specified hours; however, subject to operational needs as determined by the department, management may permit altered or flexible work schedules when requested by employees. Employees who alter their daily or weekly work schedules shall comply with reasonable procedures established by their department.

(c)   Employees are responsible for keeping management apprised of their schedule and whereabouts; and, must respond to directions from management to complete work assignments by specific deadlines.

(d)   Employees shall not:

(1)   Be charged any paid leave for absences in less than the number of hours scheduled for the day when they are absent for a whole day.

(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. Employees may, however, be required to record time for other purposes (e.g., budgeting, project tracking, etc.).

 

8.4 Work Shift Schedules

a. Unless otherwise specified herein, the regular work week of full-time Unit 9 employees shall be forty (40) hours. The regular number of hours in an employee’s workday will be worked unless the employee takes approved leave.

b. Varying work shifts (swing shift, night shift or any work shift other than a traditional day shift) may be established by the employer in order to meet the needs of the State agencies.

c. Employees’ work shifts shall not be permanently changed by the State without adequate prior notice. The State shall endeavor to give thirty (30) calendar days but in no case less than fifteen (15) calendar days notice.

d. The state agrees to refrain from splitting shifts. A split shift is defined as a work shift which is interrupted by a non-paid working period other than a regular meal period.

 

8.5 Telecommuting

A. Telecommuting is defined as performing work one (1) or more days per pay period away from the work site to which the employee is normally assigned. Such locations must be within a preapproved work space during preapproved work hours inside the telecommuter’s residence, telecommuting centers, or other offices of the State, as approved pursuant to the department’s telecommuting policy and guidelines.

B. Where operational consideration permit, a department shall establish a telecommute program. If the telecommute arrangement conforms to telecommute criteria established in the department’s telecommute policy and guidelines, no employee’s request for telecommute shall be unreasonably denied. Upon request by the employee, the denial and the reason for the denial shall be in writing.

C. Formal written telework or telecommuting policies and programs already adopted by the departments before the date of this MOU will remain in effect during the term of this MOU.

D. Departments that desire to establish a telework or telecommuting policy and/or program or departments desiring to change an existing policy and/or program shall first notify PECG. Within thirty (30) calendar days of the date of such notification, PECG may request to meet and confer over the impact of the telework or telecommuting policy and/or program or change in an existing telework or telecommuting policy and/or program.

E. With the exception of CalEPA’s Telework Agreement, disputes pertaining to this section will follow the grievance procedures as outlined in Article 12 of this contract. This section is not subject to arbitration.

 

8.6 Alternate Work Schedules

a. Alternate work schedules include, but are not limited to, 9-8-80 and 4-10-40 schedules.

b. An individual may request an alternate work schedule. If a decision must be made between individuals seeking an alternate work schedule, priority should be given based on state service seniority.

c. The person with the authority to respond will endeavor within fifteen (15) calendar days of the initial request to approve or deny in writing the response to an alternate work schedule request. Where it is not possible to respond within fifteen (15) calendar days, the response in writing will be given no later than thirty (30) calendar days of the request.

  1. Requests for alternate work schedules shall not be unreasonably denied or cancelled.
  2. Cancellation of alternate work schedules will be based on operational needs and the reason for the cancellation will be provided in writing within thirty (30) calendar days.

d. Work Week Group E (WWG E) and SE (WWG SE) employees working a non-standard work schedule (e.g., 4/10/40, 9/8/80) will be charged the number of hours scheduled for the day when they are absent for a whole day.

8.7 Compensating Time Off

Upon accrual of Compensating Time Off (CTO), and consistent with CalHR Rule 599.705, CTO shall be used in no less than 7.5 minute increments or multiples thereof.