LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES (Reissue) August 4, 1986
596 OVERTIME
Education Code 45127
The workweek of a classified employee, as defined in Section 45103 or Section 45256, shall be 40 hours. The workday shall be eight hours. These provisions do not restrict the extension of a regular workday or workweek on an overtime basis when such is necessary to carry on the business of the district. Nothing in this section shall be deemed to bar the district from establishing a workday of less than eight hours or a workweek of less than 40 hours for all or any of its classified positions.
Notwithstanding the provisions of this section and Section 45128, a governing board may, with the approval of the personnel commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight hours in one day, provided that hours worked in excess of 40 in a calendar week shall be compensated on an overtime basis. Such exemption shall be applied only to those classes which the governing board and personnel commission, where applicable, specifically find to be a subject to fluctuations in daily working hours not susceptible to administrative control, such as security patrol and recreation classes, but shall not include food service and transportation classes.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
Education Code 45128
The governing board of each district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime.
Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained.
CHANGE:
Correction of error.
Remove: August 4, 1986, page 1 of 8. Add: (Reissue) August 4, 1986, page 1 of 8.
596
Page 1 of 9
LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES August 4, 1986
For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
Education Code 45129
When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing district.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
Education Code 45130
Notwithstanding the provisions of Sections 45127 and 45128, a personnel commission, when applicable, or a governing board of a school district may specify certain positions or classes of positions as supervisory, administrative, or executive and exclude the employees serving in such positions and the positions from the overtime provisions.
To be excluded from such overtime provisions, the positions or classes of positions must clearly and reasonably be management positions. In approving positions or classes of positions for exclusion from the overtime provisions, the personnel commission, when applicable, or the governing board of a school district shall certify, in writing, that the duties, flexibility of hours, salary, benefit structure, and authority of the positions or classes of positions are of such a nature that they should be set apart from those positions which are subject to the overtime provisions, and that employees serving in such excluded positions or classes of positions will not be unreasonably discriminated against as a result of the exclusion.
Notwithstanding the provisions of this section, if a person serving in an excluded position is required to work on a holiday, as provided for in this code, or by action of a governing board, he shall be paid, in addition to his regular pay for the holiday, compensation, or given compensating time off, at a rate not less than his normal rate of pay.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
CHANGE:
Editorial changes. No changes in text.
Remove: June 3, 1973, page 2 of 8. Add: August 4, 1986, page 2 of 8.
Overtime 596
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LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES (Reissue)* August 4, 1986
Education Code 45131
Notwithstanding the provisions of Section 45127, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four hours or more during the workweek. Such an employee shall be compensated for any work required to be performed on the sixth or seventh day following the commencement of the workweek at the rate equal to 1-½ times the regular rate of pay of the employee designated and authorized to perform the work.
An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his workweek, be compensated for at a rate equal to 1- ½ times the regular rate of pay of the employee designated and authorized to perform the work.
Positions and employees excluded from overtime compensation pursuant to Section 45130 shall likewise be excluded from the provisions of this section.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
Education Code 45132
Notwithstanding the provisions of Section 45131, a governing board of a district may establish a 10- hour-per-day, 40-hour, four-consecutive-day workweek for all, or certain classes of its employees, or for employees within a class when, by reason of the work location and duties actually performed by such employees, their services are not required for a workweek of five consecutive days, provided the establishment of such a workweek has the concurrence of the concerned employee, class of employees, or classes of employees as ascertained through the employee organization representing a majority of the concerned employees or class or classes, of employees, as determined by the payroll deduction authorizations for dues in classified employee organizations on file with the district on the last day of the month next preceding the date the board action was taken.
Where a board has previously established the workweek of not less than 35 hours, it may require the established workweek to be performed in four consecutive days by any class or classes of employees or by employees within a class, when by reason of the work location and duties actually performed by such employees their services are not required for a workweek of five consecutive days, with the concurrence of employee personnel as provided herein.
When a four-day workweek is established, the overtime rate shall be paid for all hours worked in
excess of the required workday, which shall not exceed 10 hours. Work performed on the fifth, sixth and seventh days shall be compensated for at a rate equal to 1-1/2 times the regular rate of pay of the
employee designated and authorized to perform the work.
CHANGES:
Correction of clerical error.
Remove:(Reissue) August 4, 1986, page 3 of 8. Add:(Reissue)* August 4,1986,page 3 of 8.
Overtime 596
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LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES (Reissue) November 19, 1990
An employee working an average workday of five hours or less during a workweek shall, for any work required to be performed on the sixth or seventh day following the commencement of his workweek, be compensated for at a rate equal to 1-½ times the regular rate of pay of the employee designated and authorized to perform the work.
This section shall apply to districts that have adopted the merit system in the same manner and effect
as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
Education Code 45133
(a) Notwithstanding sections 45127 and 45131, a governing board of a school district or a county
superintendent of schools may establish a 9-hour-per-day, 80-hour-per-2-week work schedule, provided the establishment of the work schedule has the concurrence of the employee organization, or in the absence of an employee organization, the concurrence of the affected employee.
(b) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, it shall consist of nine
work days, eight of which shall be nine-hour days, and one of which shall be an eight-hour day. The overtime rate shall be paid for all hours worked in excess of the required work day, which shall not exceed nine hours, at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work.
(c) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, the workweek shall
be defined in either of two ways, as follows:
(1) The workweek shall begin on noon Friday and will end at noon the following Friday, with the employee working nine hours each day except on alternate Thursdays when the employee will work eight hours, and on alternate Fridays when the employee will not work; or,
(2) The workweek shall begin at noon on any other day of the week and shall be defined so that
no employee will be required to work more than 40 hours during any given workweek.
(d) This section shall apply to districts that have adopted the merit system in the same manner and
effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
CHANGE:
Adding to Education Code Section 45133.
Remove: November 19,1990, page 4 of 8. Add:(Reissue) November 19,1990, page 4 of 8.
Overtime 596
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LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES (Reissue) November 30, 1992
A. Overtime shall be paid at the rate of time and one-half. Overtime shall be computed only on the basis of working hours exclusive of meal time in excess of an established eight, nine, or ten hour work day or 40 hours in any calendar week. Less than 15 minutes overtime in any one day shall not be counted.
B. An employee who is in paid status for an average of four hours or more a day for five consecutive days shall be paid at time and one-half for any work required to be performed on the sixth or seventh day of the workweek. An employee who is in paid status for an average of less than four hours a day for five consecutive days shall be paid overtime for work performed on the seventh day of the workweek.
C. An equitable distribution of overtime shall be made among qualified members of a given office or unit as the circumstances permit. Need, seniority, availability, and fitness are proper factors for consideration in making this distribution.
D. Classes whose principal duties and responsibilities are classified as executive/administrative in terms of the following definitions shall be excluded from the overtime payment provisions of this Rule:
The primary duties and responsibilities consist of management or supervision of a customarily recognized division or subdivision and the following characteristics:
1. Customarily and regularly direct the work of employees in the division or subdivision.
2. Have authority to hire and discharge employees or make recommendations as to the hiring and discharging and as to the advancement and promotion or any other change of status of employees, which recommendations are given particular weight.
3. Customarily and regularly exercise discretionary powers.
4. Do not devote more than 20 percent of total hours worked to activities that are not directly and closely related to the performance of the work described in Paragraph D.1. through 3. above.
The Personnel Commission may designate other classes as executive/administrative when special circumstances warrant exceptions to these definitions.
CHANGE:
Amending Paragraph A. Deleting Paragraph C. Relettering Paragraph D. & E. to C. & D.
Remove: (Reissue) August 4, 1986, page 5 of 8. Add: (Reissue) November 30, 1992, page 5 of 8.
Overtime 596
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LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES December 14, 2011
E. Incumbents of positions in the classes listed below are assigned as executive/administrative and are thereby exempt from the overtime payment provisions of this Rule:
Executive/Administrative Classes
Administrative Project Coordinator, Superintendent’s Office Administrative Services Manager Administrative Officer Adult Education Administrative Specialist Application Server Administrator Application Server Specialist Area Facilities Services Director Area Food Services Supervisor Area Operations Supervisor Assistant Budget Director Assistant Chief Human Resources Officer Assistant Contract Administration Manager Assistant Director, Maintenance and Operations Central Facilities Assistant Director, Design Standards and Technical Specifications Assistant Director, Personnel Assistant General Counsel Assistant Project Manager Assistant Stores Operations Manager Assistant Truck Operations Manager Associate General Counsel I Associate General Counsel II Audit Manager Benefits Manager Bond Oversight Administrator Branch Director Branch Human Resources Manager Budget Policy Analyst Business Manager Carpentry Technical Supervisor Central Business Advisor Charter Schools Director Charter Schools Operations Coordinator Chief Accountant Chief Boundary Coordinator Chief Broadcasting Engineer Chief Building/Construction Inspector Chief Educational Research Scientist Chief ERP Director, Business Systems Chief Estimator Chief Facilities Executive Chief Financial Officer Chief Human Resources Officer Chief Information Officer Chief Information Systems Director Chief Inventory Analyst Chief Operating Officer Chief Procurement Officer Chief Risk Officer Chief Strategy Officer Chief Technology Director |
Chief of Intensive Support and Intervention Schools Chief of Police Chief of Staff Claims Coordinator Classified Assignments Coordinator Complex Project Manager Computer Applications Administrator SAP Computer Applications Specialist Computer Applications Specialist (Accounting) Computer Applications Specialist (Certificated Personnel) Computer Applications Specialist (Finance) Computer Applications Specialist (Internet/Intranet) Computer Applications Specialist (Payroll-SAP) Computer Applications Specialist (Pupil Services/AB922) Computer Applications Specialist (Student Data Warehousing) Construction Claims Manager Construction Manager Construction Safety Manager Contract Administration Manager Contracts Supervisor Controller Coordinator of IT, Security Coordinator of Legislative Analysis and Advocacy Coordinator of Local Government Relations Coordinator of Policy Research and Development Data Base Administrator Data Base Specialist Data Center Architect Deputy Branch Director Deputy Branch Director - Facilities Deputy Budget Director Deputy Chief Building/Construction Inspector Deputy Chief Facilities Executive Deputy Chief Financial Officer Deputy Chief Human Resources Officer Deputy Chief Information Officer Deputy Chief of Police Deputy Controller Deputy Director of Acquisition and Planning Deputy Director of Architecture and Engineering Deputy Director of Communications and Media Relations Deputy Director of Data Processing Operations Deputy Director of Facilities Contracts Deputy Director of Facilities Design Deputy Director of Facilities Legislation, Grants, and Funding Deputy Director of Facilities Planning and Development Deputy Director of Facilities Program Support Services Deputy Director of Facilities Project Execution Deputy Director of Facilities Projects |
CHANGES: Remove: December 7, 2011, page 6 of 8. Add: December 14, 2011, page 6 of 9.
Overtime 596
Page 6 of 9LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES December 7, 2011
Executive/Administrative Classes (Continued)
E. (Continued)
Deputy Director of Food Services Deputy Director of Information Systems Deputy Director of IT, Customer Support Deputy Director of IT, Infrastructure Project Management Deputy Director of IT, Training Deputy Director of Maintenance and Operations (Maintenance Services) Deputy Director of Payroll Administration Deputy Director of Procurement Services Deputy Director of Project Management - New Construction Deputy Director of Project Support - Preconstruction and Cost Estimation Deputy Director of Project Support-School Occupancy Deputy Director of Transportation Deputy Director, Claims Deputy Director, Employee Relations Deputy Director, Insurance Risk and Finance Deputy Director, Student Information Systems Deputy Environmental Health & Safety Director Deputy ERP Project Director Deputy Ethics Officer Deputy General Counsel Deputy Inspector General, Audits Deputy Inspector General, Investigations Deputy Personnel Director Design and Technical Specification Coordinator Design Director Director of Accounting Director of Accounts Payable Director of Acquisition and Relocation Director of Asset Management Director of Benefits Administration Director of Budget Services and Financial Planning Director of Communications and Media Relations Director of Community Outreach Director of Compliance, Grants and Strategic Contracting Coordination Director of Contracts Administration Director of Data Processing Operations Director of Environmental Health and Safety Director of External Affairs and Administration Director of Facilities Contracts Director of Facilities Design Director of Facilities Legislation, Grants, and Funding Director of Facilities Maintenance & Operations Director of Facilities Planning and Development Director of Facilities Program Support Services Director of Facilities Programs Director of Facilities Project Execution Director of Facilities Projects |
Director of Food Services Director of Grants and Funding Director of Information Systems Director of Information Systems - Facilities Director of IT, Customer Support Director of IT, Infrastructure Project Management Director of IT, Network Operations Director of IT, Security Director of IT, Software Project Management Director of IT, Strategic Planning & Implementation Director of IT, Support Services Director of IT, Telecommunications Director of IT, Training Director of Insurance Director of Integrated Disability Management Director of LA’s BEST Director of Leasing and Asset Management Director of Legislative Affairs and Governmental Relations Director of Marketing and Communications Director of Masterplanning and Demographics Director of Materiels Management and Purchasing Director of Non-Academic Facilities Planning Director of Payroll Administration Director of Performance Management Director of Procurement Administration Director of Procurement Services Director of Procurement Support Director of Program and Project Controls Director of Program Evaluation and Research Director of Programming and Operations Director of Project Support-New Facilities Director of School Information Management Director of Sustainability Director of Television Engineer and Technical Operations Director of Translations Director of Transportation Director of Treasury Director, Human Resources Management and Support Services Director, iDesign Disability Manager Division Human Resources Administrator Electrical Technical Supervisor Electronics Technical Supervisor E-Mail Administrator Energy Program Manager Environmental Health Manager, Environmental Programs Environmental Health Manager, Safety & Industrial Hygiene ERP Director of Change Management ERP Project Director, School Management Systems Ethics Officer Executive Chef |
CHANGES: Remove: September 7, 2011, page 7 of 8 Add: December 7, 2011, page 7 of 9.
Overtime 596
Page 7 of 9
LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES January 12, 2012
Executive/Administrative Classes (Continued)
E. (Continued)
Executive Director of Talent Management Executive Director, Adult and Career Education Executive Director, Innovation and Charter Schools Executive Director, Office of Data and Accountability Executive Director, Special Education Executive Director, Visual and Performing Arts Executive Officer of the Board of Education Facilities Asset Development Director Facilities Development Manager Facilities Information Systems Project Administrator Facilities Project Manager II Facilities Support Services Financial Specialist Fiscal Reports Specialist Fleet Maintenance Manager Fiscal Resources and Training Manager Fiscal Services Manager Food Production Manager Food Services Program Manager General Counsel General Manager, KLCS Head Accountant Heating and Air Conditioning Technical Supervisor Human Resources Officer IT Administrator, Shared Technical Services IT Project Manager Inspector General Insurance Coordinator IT Infrastructure Project/Program Manager Joint Use Program Director Labor Compliance Manager Legislative Advocate Legislative Liaison Litigation Research Coordinator Local District Facilities Director Los Angeles Pilot Schools Coordinator Manager - Central Facilities Manager of Computer Repair Services Manager of Customer Support Services Manager of Data Processing Operations Manager of Telecommunications Medi-Cal Reimbursement and Cost Recovery Manager Medical Director of Employee Health Services Metal Technical Supervisor Network Operations Manager Nutrition Services Manager OCIP Coordinator Operating Systems Administrator Operating Systems Specialist Operations Program Manager Operations Training Specialist Outdoor-Education Center Manager Painting Technical Supervisor Payroll Administration Manager |
Payroll Operations Manager Personnel Director Plumbing Technical Supervisor Police Captain Principal Administrative Analyst Principal Administrative Assistant Principal Administrative Assistant, Office of the Superintendent Principal Financial Analyst Principal Human Resources Specialist Principal Procurement Officer Principal Realty Agent Procurement Policy Officer Program Associate L Program and Policy Development Advisor Program and Project Controls Manager Program Evaluation and Research Coordinator Project Management Administrator Purchasing Services Manager Real Estate Project Director Regional Construction Director Regional Facilities Director Regional Outreach Manager Regional Project Management Director Regional Transportation Manager Relocatable Housing Program Manager Relocation Program Manager Reprographic Services Manager Resident Construction Engineer Roofing Technical Supervisor Safety Manager SAP ABAP Developer SAP Basis Administrator SAP Enterprise Portal Specialist SAP Functional Analyst (eRC, BN, BW, Security) SAP Functional Analyst (PA/OM) SAP Functional Analyst (TM/PY) SAP Functional Analyst (FI/CO, Budget) School Business and Operations Manager School Volunteer Programs Director Senior Administrative Assistant, Office of the Superintendent Senior Construction Claims Manager Senior Contract Administration Manager Senior Facilities Development Manager Senior Facilities Project Manager Senior Food Services Supervisor Senior IT Infrastructure Project/Program Manager Senior Maintenance Planner Senior Operations Training Specialist Senior Resident Construction Engineer Senior Sustainability Specialist Senior Systems Specialist |
CHANGE: Remove: September 7, 2011, page 8 of 8. Add: January 12, 2012 page 8 of 9.
Overtime 596
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LOS ANGELES UNIFIED SCHOOL DISTRICT
PERSONNEL COMMISSION
596
LAW AND RULES December 14, 2011
Executive/Administrative Classes (Continued)
E. (Continued)
Senior Systems Specialist-Filenet Senior Technical Project Manager Senior Technical Project Manager-Facilities Small Business Manager Special Assistant, Facilities Services Special Assistant to the Chief of Staff Special Assistant to the Chief Facilities Executive Special Assistant to the Inspector General Special Assistant to the Superintendent Special Facilities Projects Manager Strategic Planning Network Engineer Supervising Building/Construction Inspector Supervising Investigator Supervising Purchasing Services Coordinator Systems and Programming Director Systems and Programming Manager Systems Science Specialist Systems Standards Manager Technical Project Manager Technical Specialist Telecommunications Specialist Textbook Services Manager Transportation Dispatch Manager Transportation Services Manager Truck Operations Manager Warehouse Manager Web Architect |
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F. An employee in an executive/administrative class who is required to work on a holiday shall be granted compensating time off on a straight time hour-for-hour basis within 12 calendar months following the month in which the holiday was worked.
G. Classified employees who work any hours that the Board of Education has designated as excused time shall be given equivalent time off by the end of the following pay period.
CHANGE: Remove: October 19, 2011, page 9 of 9. Add: December 14, 2011, page 9 of 9.
Overtime 596
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