The bill that approves the labor agreement between the Schwarzenegger administration and SEIU Local 1000 has some new analysis attached, including a section on overtime.
Note: The analysis states that the information about the agreement -- including its overtime provisions -- "was provided by DPA."
The tentative agreement, dated February 13, 2009, exempts sick leave from being counted in the computation for overtime. In addition, the contract also explicitly states that should the Legislature enact any provision allowing the State to exclude leave from the computation of overtime, that provision, to the extent that it be in conflict with the MOU, would be controlling over and immediately supersede the provisions of the MOU without further action.
The Legislature subsequently enacted, and the Governor signed, SBX3 8 (Ducheny), Chapter 4, Statutes of 2009, which excludes all leave from being counted as time worked for the purpose of computing overtime.
Therefore, no leave may be used in computing overtime. For example, if an employee is required to work for 40 hours in a week before earning overtime, he or she must actually work 40 hours on the job before earning premium pay for overtime. Time spent on leave for sick leave, vacation, or any other type of leave may not be counted in the 40 hours of work needed to begin accruing overtime.
You can read the entire analysis by clicking this link.
Thanks to blog user JB for alerting us to the analysis.