Section 88029 Of Article 1. Employment From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 1.
88029
. Notwithstanding Sections 88026 and 88027, a personnel
commission, when applicable, or a governing board of a community
college district, may specify certain positions or classes of
positions as supervisory, administrative, or executive and exclude
the employees serving in those positions and the positions from the
overtime provisions.
To be excluded from the 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 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
that are subject to the overtime provisions, and that employees
serving in the 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 or
she shall be paid, in addition to his or her regular pay for the
holiday, compensation, or given compensating time off, at a rate not
less than his or her 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
3 (commencing with Section 88060).