Section 45128 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
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.
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.