This Agreement between the Service Employees International Union, Local 1021 and the San Francisco Unified School District shall not interfere or change the terms of the side letter agreement made between the Service Employees International Union, Local 1021 and the San Francisco Unified School District on March 6, 2008 entitled “Disbursement of SF Quality Teacher and Education Act Revenues”. Furthermore, this side letter shall not be subject to reopener negotiations.

Additional Local 1021 Member Compensation:

Hourly pay shall be adjusted in accordance with negotiated rates in the contract to take effect as of July 1, 2018 and be implemented as soon as administratively feasible following the annual receipt of the parcel tax revenues from the City Controller. This fixed Parcel Tax add-on will be based on the July 1, 2018 hourly rate and will equal the total cost of one per cent (1%), multiplied by a factor of three and eight hundred and seventy-five thousandths (3.875). This will result in a fixed 3.875% salary add-on to the members’ base hourly salary.

Future negotiated salary percentage increases from reopener or full contract bargaining shall be calculated based on the schedules in effect on July 1, 2018, minus the fixed Parcel Tax add-on, which shall be referred to in this agreement as the base hourly salary schedules.

Professional Development for Clerical Workers (classifications 1424 and 1426):

$100,000 per year will be allocated to support the professional development of clerical classifications 1424 and 1426

Additional Hours and Professional Development for Student Nutritional Workers (classifications 2615 and 2616):

$343,000 per year will be allocated to support Student Nutritional Workers. A work group consisting of representation from members of SEIU and SFUSD SNS management will meet to examine parameters for the use of these funds and will include the development of staffing standards and professional development for staff.

Savings Clause:

In the event that the parcel tax expires without being renewed by the voters, the salary schedules shall revert to those in effect on July 1, 2018, plus subsequent negotiated salary increases. All other economic incentives and other expenditures that use parcel tax revenues shall cease to exist effective June 30th of the year in which the parcel tax expires and is not renewed.

Text version to follow shortly

Between SEIU Local 1021 and SFUSD

1. The parties agree that a job analysis of class 7218 will be conduction with the goal of aligning the actual work, position, and compensation to facilitate student and staff safety.
2. Incumbents in class 7218 as of September 29, 2017 will be held harmless in any transition that results from the analysis
3. If a new classification with a higher pay schedule is identified as a successor to class 7218, class 7218 will have its salary schedule adjusted to match while the transition is effected
4. If a new classification with a lower pay schedule is identified as a successor to class 7218, incumbents will retain their current salary schedule after the transition
5. Incumbents will maintain their accrued seniority if consolidated or transitioned to any successor classification
6. Any successor classification identified will be accreted to the SEIU 1021 bargaining unit
7. This sideletter will be subject to the grievance and arbitration process contained in the collective bargaining agreement.

Effective January 1, 2002 as amended

Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2017, pursuant to SB 13, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code

<a href=’https://www.dir.ca.gov/IWC/iwcarticle4.pdf’>Download IWC 4</a>

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TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission’s Orders as a result of legislation enacted (SB 3, Ch. 4, Stats of 2016, amending section 1182.12 of the California Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC’s Orders.

1. APPLICABILITY OF ORDER

This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis, except that:

(A) Provisions of Sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections:

(1) Executive Exemption. A person employed in an executive capacity means any employee:
(a) Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily

recognized department or subdivision thereof; and
(b) Who customarily and regularly directs the work of two or more other employees therein; and
(c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing

and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
(d) Who customarily and regularly exercises discretion and independent judgment; and
(e) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non-

exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.

(f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.

(2) Administrative Exemption. A person employed in an administrative capacity means any employee: (a) Whose duties and responsibilities involve either:

(i) The performance of office or non-manual work directly related to management policies or general business operations of his/her employer or his/her employer’s customers; or

(ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and

(b) Who customarily and regularly exercises discretion and independent judgment; and

(c) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section); or

(d) Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or

(e) Who executes under only general supervision special assignments and tasks; and

(f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.

(g) Such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full- time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.

(3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following requirements:

(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or

(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes of this subsection, &lsquo;learned or artistic profession&rsquo; means an employee who is primarily engaged in the performance of:

(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily incident to any of the above work; or

(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and

(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical,

or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

(c) Who customarily and regularly exercises discretion and independent judgment in the performance of duties set forth in subparagraphs (a) and (b).

(d) Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week.

(e) Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as they existed as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, and 541.310.

(f) Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of pharmacy, and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor shall they be considered exempt from coverage for the purposes of this subparagraph unless they individually meet the criteria established for exemption as executive or administrative employees.

(g) Subparagraph (f) above shall not apply to the following advanced practice nurses:
(i) Certified nurse midwives who are primarily engaged in performing duties for which certification is required

pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code.
(ii) Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code.

(iii) Certified nurse practitioners who are primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.

(iv) Nothing in this subparagraph shall exempt the occupations set forth in clauses (i), (ii), and (iii) from meeting the requirements of subsection 1(A)(3)(a)–(d) above.

(h) Except, as provided in subparagraph (i), an employee in the computer software field who is paid on an hourly basis shall be exempt, if all of the following apply:

(i) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment.

(ii) The employee is primarily engaged in duties that consist of one or more of the following:

—The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.

—The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.

—The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.

(iii) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.

(iv) The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Office of Policy, Research and Legislation shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.*

(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply:
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical

and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (ii) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to

work independently and without close supervision.
(iii) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer

hardware and related equipment.
(iv) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.

* Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Industrial Relations, has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at www.dir.ca.gov/IWC or by mail from the Department of Industrial Relations.

(v) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMs.

(vi) The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.

(B) Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district.

(C) The provisions of this order shall not apply to outside salespersons.

(D) The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer.

(E) The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.)

2. DEFINITIONS

(A) An &lsquo;alternative workweek schedule&rsquo; means any regularly scheduled workweek requiring an employee to work more than eight (8) hours in a 24-hour period.

(B) &lsquo;Commission&rsquo; means the Industrial Welfare Commission of the State of California.
(C) &lsquo;Division&rsquo; means the Division of Labor Standards Enforcement of the State of California.
(D) &lsquo;Emergency&rsquo; means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action. (E) &lsquo;Employ&rsquo; means to engage, suffer, or permit to work.
(F) &lsquo;Employee&rsquo; means any person employed by an employer.
(G) &lsquo;Employees in the health care industry&rsquo; means any of the following:

(1) Employees in the health care industry providing patient care; or

(2) Employees in the health care industry working in a clinical or medical department, including pharmacists dispensing prescriptions in any practice setting; or

(3) Employees in the health care industry working primarily or regularly as a member of a patient care delivery team; or

(4) Licensed veterinarians, registered veterinary technicians and unregistered animal health technicians providing patient care. (H) &lsquo;Employer&rsquo; means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any

other person, employs or exercises control over the wages, hours, or working conditions of any person.
(I) &lsquo;Health care emergency&rsquo; consists of an unpredictable or unavoidable occurrence at unscheduled intervals relating to health care

delivery, requiring immediate action.
(J) &lsquo;Health care industry&rsquo; is defined as hospitals, skilled nursing facilities, intermediate care and residential care facilities, convalescent

care institutions, home health agencies, clinics operating 24 hours per day, and clinics performing surgery, urgent care, radiology, anesthesiology, pathology, neurology or dialysis.

(K) &lsquo;Hours worked&rsquo; means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. Within the health care industry, the term &lsquo;hours worked&rsquo; means the time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the Fair Labor Standards Act.

(L) &lsquo;Minor&rsquo; means, for the purpose of this order, any person under the age of 18 years.

(M) &lsquo;Outside salesperson&rsquo; means any person, 18 years of age or over, who customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.

(N) &lsquo;Primarily&rsquo; as used in Section 1, Applicability, means more than one-half the employee’s work time.

(O) &lsquo;Professional, Technical, Clerical, Mechanical, and Similar Occupations&rsquo; includes professional, semiprofessional, managerial, supervisorial, laboratory, research, technical, clerical, office work, and mechanical occupations. Said occupations shall include, but not be limited to, the following: accountants; agents; appraisers; artists; attendants; audio-visual technicians; bookkeepers; bundlers; billposters; canvassers; carriers; cashiers; checkers; clerks; collectors; communications and sound technicians; compilers; copy holders; copy readers; copy writers; computer programmers and operators; demonstrators and display representatives; dispatchers; distributors; door-keepers; drafters; elevator operators; estimators; editors; graphic arts technicians; guards; guides; hosts; inspectors; installers; instructors; interview- ers; investigators; librarians; laboratory workers; machine operators; mechanics; mailers; messengers; medical and dental technicians and technologists; models; nurses; packagers; photographers; porters and cleaners; process servers; printers; proof readers; salespersons and sales agents; secretaries; sign erectors; sign painters; social workers; solicitors; statisticians; stenographers; teachers; telephone, radio- telephone, telegraph and call-out operators; tellers; ticket agents; tracers; typists; vehicle operators; x-ray technicians; their assistants and other related occupations listed as professional, semiprofessional, technical, clerical, mechanical, and kindred occupations.

(P) &lsquo;Shift&rsquo; means designated hours of work by an employee, with a designated beginning time and quitting time.

(Q) &lsquo;Split shift&rsquo; means a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.

(R) &lsquo;Teaching&rsquo; means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the Commission for Teacher Preparation and Licensing or teaching in an accredited college or university.

(S) &lsquo;Wages&rsquo; includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.

(T) &lsquo;Workday&rsquo; and &lsquo;day&rsquo; mean any consecutive 24-hour period beginning at the same time each calendar day.
(U) Workweek&rsquo; and &lsquo;week&rsquo; mean any seven (7) consecutive days, starting with the same calendar day each week. &lsquo;Workweek is afixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.

3. HOURS AND DAYS OF WORK

(A) Daily Overtime – General Provisions
(1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age

who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (11/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:

(a) One and one-half (11/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and

(b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

(c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary.

(B) Alternative Workweek Schedules
(1) No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures

set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (11/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime. No hours paid at either one and one-half (11/2) or double the regular rate of pay shall be included in determining when 40 hours have been worked for the purpose of computing overtime compensation.

(2) If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime compensation at a rate of one and one-half (11/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.

(3) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification of an alternative workweek schedule.

(4) An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code.

(5) An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative workweek schedule established as the result of that election.

(6) An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday to accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek schedule established by the election.

(7) Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek schedule of not more than ten (10) hours a day as of July 1, 1999, that alternative workweek schedule was based on an individual agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the employer approved, a written request on or before May 30, 2000 to continue the agreement, the employee may continue to work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the agreement. The employee may revoke his/her voluntary authorization to continue such a schedule with 30 days written notice to the employer. New arrangements can only be entered into pursuant to the provisions of this section. Notwithstanding the foregoing, if a health care industry employer implemented a reduced rate for 12-hour shift employees in the last quarter of 1999 and desires to reimplement a flexible work arrangement that includes 12-hour shifts at straight time for the same work unit, the employer must pay a base rate to each affected employee in the work unit that is no less than that employee’s base rate in 1999 immediately prior to the date of the rate reduction.

(8) Notwithstanding the above provisions regarding alternative workweek schedules, no employer of employees in the health care industry shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order a regularly scheduled alternative workweek schedule that includes workdays exceeding ten (10) hours but not more than 12 hours within a 40 hour workweek without the payment of overtime compensation, provided that:

(a) An employee who works beyond 12 hours in a workday shall be compensated at double the employee’s regular rate of pay for all hours in excess of 12;

(b) An employee who works in excess of 40 hours in a workweek shall be compensated at one and one-half (11/2) times the employee’s regular rate of pay for all hours over 40 hours in the workweek; in any shift; subsection;

(c) Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work

(d) The same overtime standards shall apply to employees who are temporarily assigned to a work unit covered by this

(e) Any employer who instituted an alternative workweek schedule pursuant to this subsection shall make a reasonable effort to find another work assignment for any employee who participated in a valid election prior to 1998 pursuant to the provisions of Wage Orders 4 and 5 and who is unable to work the alternative workweek schedule established; (f)An employer engaged in the operation of a licensed hospital or in providing personnel for the operation of a licensed hospital who institutes, pursuant to a valid order of the Commission, a regularly scheduled alternative workweek that includes no more than three (3) 12-hour workdays, shall make a reasonable effort to find another work assignment for any employee who participated in the vote which authorized the schedule and is unable to work the 12-hour shifts. An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three (3) day alternative workweek schedule.

(9) No employee assigned to work a 12-hour shift established pursuant to this order shall be required to work more than 12 hours in any 24-hour period unless the chief nursing officer or authorized executive declares that:

(a) A &lsquo;health care emergency&rsquo;, as defined above, exists in this order; and

(b) All reasonable steps have been taken to provide required staffing; and

(c) Considering overall operational status needs, continued overtime is necessary to provide required staffing.
(10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and the employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off duty immediately following the 24 consecutive hours of work.
(11) Notwithstanding subsection (B)(9) above, an employee may be required to work up to 13 hours in any 24-hour period if the

employee scheduled to relieve the subject employee does not report for duty as scheduled and does not inform the employer more than two (2) hours in advance of that scheduled shift that he/she will not be appearing for duty as scheduled.

(C) Election Procedures
Election procedures for the adoption and repeal of alternative workweek schedules require the following:

(1) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another.

(2) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held during regular working hours at the employees’ work site. For purposes of this subsection, &lsquo;affected employees in the work unit&rsquo; may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection are met.

(3) Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees’ wages, hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule. An employer shall provide that disclosure in a non-English language, as well as in English, if at least five (5) percent of the affected employees primarily speak that non-English language. The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this paragraph shall make the election null and void.

(4) Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the affected employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an affected employee, and after an investigation by the labor commissioner, the labor commissioner may require the employer to select a neutral third party to conduct the election.

(5) Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds (2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less than 12 months after the date that the same group of employees voted in an election held to adopt or repeal an alternative workweek schedule. However, where an alternative workweek schedule was adopted between October 1, 1999 and October 1, 2000, a new secret ballot election to repeal the alternative workweek schedule shall not be subject to the 12-month interval between elections. The election shall take place during regular working hours at the employees’ work site. If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of undue hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance.

(6) Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section. The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research and Legislation within 30 days after the results are final, and the report of election results shall be a public document. The report shall include the final tally of the vote, the size of the unit, and the nature of the business of the employer.

(7) Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule may not be required to work those new work hours for at least 30 days after the announcement of the final results of the election.

(8) Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed alternative work- week. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative workweek election or for opposing or supporting its adoption or repeal. However, nothing in this section shall prohibit an employer from expressing his/her position concerning that alternative workweek to the affected employees. A violation of this paragraph shall be subject to Labor Code Section 98 et seq.

(D) The provisions of subsections (A), (B) and (C) above shall not apply to any employee whose earnings exceed one and one-half (11/2) times the minimum wage if more than half of that employee’s compensation represents commissions.

(E) One and one-half (11/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except minors16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an adult are subject tosubsection(A)or(B)and(C)above.
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school districts about any requiredwork permits.)

(F) Anemployeemaybeemployedonseven(7)workdaysinoneworkweekwhenthetotalhoursofemploymentduringsuchworkweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6).

(G) If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food or drink.

(H) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).

(I) Except as provided in subsections (E), (H) and (L), this section shall not apply to any employee covered by a valid collective bar- gaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.

(J) Notwithstanding subsection (I) above, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement regarding the equivalent of one (1) day’s rest in seven (7) (see subsection (H) above) shall apply, unless the agreement expressly provides otherwise.

(K) The provisions of this section are not applicable to employees whose hours of service are regulated by:

(1) The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13, Hours of Service of Drivers; or

drivers. (2) Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and following sections, regulating hours of

(L) No employee shall be terminated or otherwise disciplined for refusing to work more than 72 hours in any workweek, except in an emergency as defined in Section 2(D).

(M) If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee knows in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make up work time for up to four (4) weeks in advance; provided, however, that the makeup work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time pursuant to this subsection.While an employer may inform an employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make up the work hours within the same workweek pursuant to this subsection.

4. MINIMUM WAGES
(A) Every employer shall pay to each employee wages not less than the following:

(1) Any employer who employs 26 or more employees shall pay to each employee wages not less than the following:(a) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2017; and
(b) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2018;

(2) Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following:(a) Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017; and(b) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018.

Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are treated as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel.

(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise.

(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.

(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.

5. REPORTING TIME PAY

(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage.

(B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less than the minimum wage.

(C) The foregoing reporting time pay provisions are not applicable when:

(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities;

(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system;
or employee’s scheduled reporting time.

6. LICENSES FOR DISABLED WORKERS

(A) A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of employer and employee and employee’s representative if any.

(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special minimum rates to enable the employment of such persons without requiring individual licenses of such employees.

(C) All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the Division. (See

(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the California Labor Code, Sections 1191 and 1191.5)

7. RECORDS

(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. An accurate production record shall be maintained by the employer.
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee’s social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item.

(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day and year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. An employee’s records shall be available for inspection by the employee upon reasonable request.

(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as practicable.

8. CASH SHORTAGE AND BREAKAGE

No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, break- age, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.

9. UNIFORMS AND EQUIPMENT

(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term &lsquo;uniform&rsquo; includes wearing apparel and accessories of distinctive design or color.

NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.

(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.

NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of

subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may deduct from the employee’s last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the employee upon completion of the job.

10. MEALS AND LODGING

(A) &lsquo;Meal&rsquo; means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B) &lsquo;Lodging&rsquo; means living accommodations available to the employee for full-time occupancy which are adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.

(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the following:

(D) Meals evaluated as part of the minimum wage must be bona fide meals consistent with the employee’s work shift. Deductions shall not be made for meals not received or lodging not used.

(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein.

11. MEAL PERIODS

(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an &lsquo;on duty&rsquo; meal period and counted as time worked. An &lsquo;on duty&rsquo; meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the- job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.

(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.

(C) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.

(D) Notwithstanding any other provision of this order, employees in the health care industry who work shifts in excess of eight (8) total hours in a workday may voluntarily waive their right to one of their two meal periods. In order to be valid, any such waiver must be documented in a written agreement that is voluntarily signed by both the employee and the employer. The employee may revoke the waiver at any time by providing the employer at least one (1) day’s written notice. The employee shall be fully compensated for all working time, including any on-the-job meal period, while such a waiver is in effect.

12. REST PERIODS

(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Theauthorizedrestperiodtimeshallbebasedonthetotalhoursworkeddailyattherateoften(10)minutesnetresttimeperfour(4)hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

(B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.

13. CHANGE ROOMS AND RESTING FACILITIES

(A) Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean.

NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board.
(B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.

14. SEATS

(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.

(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.

15.TEMPERATURE

(A) The temperature maintained in each work area shall provide reasonable comfort consistent with industry-wide standards for the nature of the process and the work performed.

(B) If excessive heat or humidity is created by the work process, the employer shall take all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort.Where the nature of the employment requires a temperature of less than 60° F., a heated room shall be provided to which employees may retire for warmth, and such room shall be maintained at not less than 68°.

(C) A temperature of not less than 68° shall be maintained in the toilet rooms, resting rooms, and change rooms during hours of use. (D) Federal and State energy guidelines shall prevail over any conflicting provision of this section.

16. ELEVATORS

Adequate elevator, escalator or similar service consistent with industry-wide standards for the nature of the process and the work performed shall be provided when employees are employed four floors or more above or below ground level.

17. EXEMPTIONS

If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.

18. FILING REPORTS

(See California Labor Code, Section 1174(a))

19. INSPECTION

(See California Labor Code, Section 1174)

20. PENALTIES

(See California Labor Code, Section 1199)

(A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:

(1) Initial Violation — $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to the amount which is sufficient to recover unpaid wages.

(2) Subsequent Violations — $100.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to an amount which is sufficient to recover unpaid wages.

(3) The affected employee shall receive payment of all wages recovered.

(B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1 for non-payment of wages for overtime work in violation of this order.

21. SEPARABILITY

If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.

22. POSTING OF ORDER

Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request.

15.1 The District shall maintain a current “as needed” employee list in order to provide a substitute pool to cover the positions of absent clerical and custodial employees. These “as needed” employees would be in addition to permanent employees who currently work as substitutes. The District shall budget $300,000 per year with the express purpose of using these funds to maintain a substitute pool in the clerical and custodial divisions. These employees should not be utilized to fill permanent vacancies or long-term vacancies without replacements being added to said pool.

15.2 When assigning the foregoing substitutes, priority shall be given to elementary school sites to which only one clerk and one administrator have been assigned.

11.1 Prior to formal issuance of a Request for Proposal (RFP), a copy shall be sent to the Union. Prior to final action on said RFP, the District shall make available for inspection any and all pertinent background and/or documentation reasonably related to the Union’s representational rights for the service to be subcontracted. The District agrees to meet with the Union upon request to discuss and attempt to resolve issues related to possible alternatives to subcontracting. These meetings shall be conducted in good faith with an aim of preserving promotional opportunities for unit members, maintaining good morale and providing cost effective services to the District.

11.2 Except in temporary emergency overflow situations or those covered herein, the District shall not utilize non-bargaining unit workers to perform bargaining unit work. Nor shall the District utilize automation, robotics or automated equipment to replace, displace, or reduce bargaining unit work. This article does not prohibit the use of automation or robotics in the workplace, as long as existing bargaining unit work is not reduced, eliminated, or otherwise impacted.

11.3 The District shall meet with the Union upon request to discuss and attempt to resolve issues related to utilizing unpaid volunteers, GA workers, SWAP or GAIN workers and automation to perform bargaining unit work. In no event shall any of the foregoing workers, robotics or automated equipment be utilized to permanently replace vacant bargaining unit positions. In no event shall any of the foregoing workers, robotics or automated equipment be utilized to permanently replace vacant bargaining unit positions. The District is not prohibited from using automation or robotics in the workplace, as long as existing bargaining unit work is not reduced, eliminated, or otherwise impacted.

11.4 There shall be no layoffs or reductions in assigned time of unit members as a result of any subcontracting of work. The District will not subcontract work with the intent of eliminating bargaining unit positions, nor eliminate bargaining unit positions with the intent of subcontracting work.

11.5 Ongoing work of the District is to be performed by civil service workers in accordance with Civil Service and Charter requirements. If bargaining unit positions become vacant through natural attrition, the District shall have the right to utilize outside contractors, consistent with section 11.4 above, to perform the duties of said vacated positions in an effort to provide efficient and cost effective services to the school community. In this event the parties shall utilize the process described in Section 11.1 above. The District will make every effort to fill vacated positions expeditiously.

11.5.1 In the case of any contracting out of bargaining unit work as contemplated herein such work will be performed by available union labor and paid according to applicable law, provided it does not interfere with the District’s statutory obligation to use the lowest responsible bidder.

11.5.2 Notwithstanding any other provision contained herein, the District shall not subcontract bargaining unit services performed by any of the following departments during the term of this agreement; library services, custodial services, student nutrition services, warehouse workers, office/clerical workers, radio broadcast workers at KALW, and school health services.

6.1 The District and the Union agree to review temporary positions to determine if such positions may be made permanent in nature. The District agrees to facilitate the transition of temporary employees to permanent positions.

6.2 Within sixty (60) days of the effective date of this agreement, the District agrees to make every effort to administer examinations for all covered classifications currently employing TEX and PEX employees. If the District is unable to administer examinations within sixty (60) days, the District and the Union will meet every month about the process until the examinations are complete. The District and Union agree to prioritize this work to facilitate hiring in classifications that have not had an examination administered in at least the last two (2) years.

6.3 Non-Permanent Employee Benefits

6.3.1 Employees assigned fewer than 20 hours per week

Temporary employees regularly assigned to less than 20 hours per week shall not be entitled to District benefit contributions.

6.3.2 Employees working between 20 and 30 hours per week

Every January 1st, regularly scheduled provisional/temporary employees working twenty (20) or more but less than thirty (30) hours per week, or as needed employees who have worked intermittently on average twenty (20) or more but less than thirty (30) hours per week within a twelve (12) month period measured from July 1st – June 30th of the preceding year are eligible for employee only medical benefits (health, vision, dental) through the Health Service System.

6.3.3 Employees working 30 or more hours per week

Additionally, every January 1st, regularly scheduled provisional/temporary employees working at least thirty (30) hours a week, or as needed employees who have worked intermittently on average for thirty (30) or more hours per week within the twelve (12) month period measured from July 1st – June 30th of the preceding year are eligible for employee and, if applicable, dependent medical benefits (health, vision, dental). Eligibility will be determined on a year-to-year basis for qualifying employees.

6.3.4 Temporary employees regularly assigned to at least twenty (20), but less than forty (40) hours per week will receive prorated District contributions for premiums, vacation pay, holiday pay, sick pay, and available City Retirement coverage. If acceptable to the carrier, said part time employees may purchase life and/or long-term disability insurance through the District at the employee’s expense.

6.3.5 The following sections (6.3.6 through and including 6.3.6.4) became effective on July 1, 2016.

6.3.6 Pay Step Advancement for Temporary and Provisional Employees

Temporary employees who are regularly scheduled to work shall qualify to advance to the next pay step of said classification as follows:

6.3.6.1 If initially employed in the classification at Step 1, the employee shall qualify to advance to Step 2 after six (6) months of service and to succeeding steps annually thereafter on the anniversary date of movement to Step 2.

6.3.6.2 If initially employed in the classification at Step 2 or higher, the employee shall qualify to advance to succeeding steps annually thereafter on the employee’s date of hire in the classification.

6.3.6.3 As-needed temporary employees who have worked 1040 hours within a two year period in their classification shall qualify to advance to the next pay step of said classification on the 1041st hour, and annually thereafter.

6.3.6.4 Those employees currently employed who were appointed above Step 1, working at least six (6) hours per day, who have not yet reached 1040 hours shall be advanced to the next step on their 1041st hour, and annually thereafter.

The salary schedule hourly base rates in effect as of June 30, 2020 shall be adjusted during the term of

this agreement in the following manner:

a. 6% increase effective July 1, 2022

b. 10% increase effective July 1, 2023

c. In addition, the parties shall have a contract reopener for 2024-2025 to negotiate changes to this

Article, up to two other Articles that either party wishes to propose, and any outstanding issues

from the Side Letter on Labor-Management Committee work for 2023-2024.

5.0.1 Lump Sum Payment

On ratification by both parties, each member of the SEIU bargaining unit will receive a one-time lump

sum payment of fifteen hundred dollars ($1500), which will serve to make whole its members for payroll

errors, including penalties referenced in Article 5.8, Article 41 in its entirety, and the June 22, 2022 MOU

regarding payroll errors. SEIU agrees that this lump sum payment will recompense its members for any

payroll errors and its acceptance will nullify any MOU regarding such payroll errors.

5.0.2 Salary Schedule Adjustment

5.0.2.1 Effective July 1, 2017, Class 7450 will be adjusted to the salary schedule equivalent to one grade

above the schedule for class 1930, from $25.0125 (step 1) to $30.2611 (step 5).

5.0.2.2 Effective July 1, 2017, Class 2585 will be adjusted to the salary schedule equivalent to one grade

below the schedule for class 2586, from $22.5540 (step 1) to $27.2741 (step 5).

5.0.2.3 Prior to July 1, 2018, classifications that had no incumbents in previous contracts and were left

out of salary schedule adjustments will be corrected to include those adjustments.

5.0.2.4 Establish a committee made up of representation from SEIU and the District to examine the

following:

• Staffing allocations based on the number of meals served
• Comparable salaries for similar jobs from a mutually agreed upon list of similar employers.

5.0.2.5 Effective July 1, 2022, one (1) step will be added to the 2616 classification as follows:

• Step 6 will be added effective July 1, 2022
• Step 7 will be added effective July 1, 2023
• Step 8 will be added effective July 1, 2024

The rate of pay for steps six (6) through eight (8) will reflect a 3% increase above the preceding step. Current employees with more than five years of service will be placed at the step commensurate with their length of service effective the year when that step is available. For instance, an employee who has been on step 5 since the 2020-2021 school year will be placed on step 7 for the 2023-24 school year, then step 8 for the 2024-25 school year.

5.1 Longevity Premium

Eligible unit members shall receive a thirty (30) cents per hour premium for longevity pay. Eligibility for said longevity pay shall be those unit members with:

5.1.1 Ten (10) or more but less than fifteen (15) consecutive years of experience in the District, or any combination of ten or more but less than fifteen (15) years of service in the District and any other classification included in the Civil Service System of San Francisco.

5.1.2 Effective July 1, 2017, eligible unit members will receive a sixty (60) cents per hour premium for longevity pay. Eligibility for this rate of longevity pay shall be made to those unit members with:

5.1.2.1 Fifteen (15) or more consecutive years of service in the District, or any combination of fifteen (15) years of service in the District and any other classification included in the Civil Service System of San Francisco. This provision shall be implemented prospectively effective July 1, 2018.

5.1.3 Effective July 1, 2018 employees with an assignment of less than four (4) hours per day shall qualify for sections 5.1.1 and 5.1.2.

5.2 Retirement Contribution

5.2.1 Effective 7/1/2011, represented employees agree to pay their own employee retirement contribution in an amount equal to seven and one-half percent (7.5%) of covered gross salary in accordance with the City Charter. For employees who became members of SFERS prior to November 2, 1976 (Charter Section A8.509 Miscellaneous Plan), the unit member shall also pick up the remaining one-half percent (0.5%) of the total eight percent (8%) employee retirement contribution to SFERS.

5.2.2 In exchange for the unit member pick up of the 7.5% employee retirement contribution, the District agrees to a 6.12% adjustment to the salary schedule for those unit members who are also members of the retirement system. For unit members who became members of SFERS prior to November 2, 1976 and have an employee contribution of 8% the District agrees to an adjustment to the salary schedule of 6.62%, except that those members who have elected a reduced contribution shall only receive an adjustment in an amount equal to their percent contribution.

5.2.3 These member contributions shall be made on a pre-tax basis consistent with the Internal Revenue Code and implementing regulations.

5.2.4 Unit members who become eligible for membership in the retirement system during the term of this agreement shall be moved to the salary schedule that has been adjusted to reflect the unit member pick-up of 7.5% employee retirement contribution, retroactively to the date of entry into the retirement system.

5.2.5 To the extent authorized by State law, rule changes by the City’s Retirement Board regarding the crediting of accrued sick leave for retirement purposes shall be incorporated herein by reference.

5.2.6 Early Retirement

If eligible, the District shall participate in any applicable retirement program if the program is implemented in the City and County of San Francisco pursuant to Charter Section A8.401-7.3.

5.3 Health Benefits

Effective January 1, 2014, the District shall increase its dependent health care contribution to an amount equal to the Health Services Systems (HSS)-established 75% formula/calculation of the lowest health plan coverage available through HSS at the family rate level.

5.3.1 Health Insurance Coverage

Every January 1, all permanent and regularly scheduled provisional/temporary employees working twenty (20) or more but less than thirty (30) hours per week, or as-needed employees who have worked intermittently on average twenty (20) or more but less than thirty (30) hours per week within a twelve (12) month period, measured from July 1st through June 30, are eligible for medical benefits (health, vision, dental) through the Health Service System.

Additionally, every January 1, regularly scheduled provisional/temporary employees working at least thirty (30) hours a week within a twelve (12) month period, measured from July 1 through June 30, are eligible for employee, and if applicable dependent, medical benefits (health, vision, dental). Eligibility will be determined on a year-to-year basis for qualifying employees.

5.3.1.1 Each eligible employee will select a health plan from those currently offered to employees through Health Services Systems of San Francisco (HSS), unless the employee wishes to be exempt from coverage.

5.3.1.2 Permanent exempt unit members working less than four (4) hours per day/twenty (20) hours per week, shall be entitled to one of the following medical insurance options, as determined by the District.

• A District premium contribution equal to 75% of the employee-only Kaiser premium for those who enroll in an HSS medical insurance plan and who agree to pay the remaining 25% of the premium,

or

• Coverage under an option offered by the City as a result of an Ordinance it may enact requiring agencies receiving City funds to either provide employees with some type of medical insurance coverage or participate in one of the coverage options contained in said Ordinance.

5.3.1.3 The District shall provide 100% employee only Kaiser Premium coverage for permanent exempt workers in the Student Nutrition Program.

5.3.1.4 The District agrees to continue to pay the increased costs of the employer portion of the medical benefits, as defined by the Health Service System every year through a process known as the 10 county average.

5.3.1.5 District Fringe Benefits Contribution

The District shall contribute the Health Service System-negotiated share per pay period for single party coverage for those employees enrolled in the most expensive plan.

5.3.1.6 Retiree Health Benefits:

Bargaining Unit members shall be eligible for retiree health, dental and welfare benefits according to the terms of the pension plan.

5.4 Dental

Delta Dental Care Program #652 is available for school district employees who have a Civil Service classification and qualify for health insurance coverage.

The parties agree to move discussion of changes to dental benefits coverage to the Side Letter on Labor-Management Committee Work for the 2023-2024 School Year passes on 10.16.2023

The District shall provide dental coverage in the amount of $2,000 for those who select the Delta Dental preferred dentist option. Those who do not select the Delta Dental preferred dentist option shall continue to receive $1,500 in coverage.

5.4.1 Delta Orthodontia Coverage

The District shall provide orthodontia up to $750 lifetime for each bargaining unit member and each of their covered dependents as soon as administratively available.

5.4.2 Details of the benefits and contribution for rates of each plan are available from the Health Service System office or at SFUSD Benefits office.

5.4.3 Retiree Dental

Upon retirement the District will extend to retired employees the option to purchase dental coverage at the group COBRA rate for up to eighteen (18) months. This coverage will be a continuation of active employee coverage and is the same coverage provided to current employees.

5.5 Additional Insurance Coverage

5.5.1 Long Term Disability Coverage

The District shall provide all permanent employees with a fully paid Income Protection Plan, which shall be integrated with sick leave or other leave provisions, at the option of the employee.

5.5.2 Group Life and Accidental Death and Dismemberment

The District shall provide permanent unit members a fully paid Group Life and Accidental Dismemberment Policy providing a $25,000 level term insurance coverage until retirement or separation from employment, plus a $25,000 accidental death benefit.

5.5.2.1 Family Care on Death of Employee

In conjunction with the City and County’s Health Service Systems eligibility rules, the District will contact and provide next-of-kin with benefit continuation information.

5.5.2.1.1 Survivors of deceased employees hired prior to January 8, 2009 shall receive survivor benefits equal to lifetime retiree health benefits pending final approval from the Health Service System.

5.5.2.1.2 Survivors of deceased employees hired after January 9, 2009 are not eligible for survivor benefits per the Health Service System’s eligibility rules. However, they are eligible for COBRA benefits for up to eighteen (18) months after the loss of active employee coverage, and will be contacted by the District’s Benefits team with regards to this process.

5.5.3 Continuous Service and Recesses (Temporary Employees)

5.5.3.1 The winter, spring, and autumn (Thanksgiving) recesses will not represent a break in continuous services for temporary employees for purposes of qualifying for benefits under this article.

5.5.4 Workers’ Compensation

5.5.4.1 Workers’ Compensation benefits shall be integrated with sick leave or other leave provisions at the option of the employee. Said benefits shall not exceed 100% of the employee’s normal salary. There shall be no accelerated replacement of sick leave benefits that may have been used for this purpose.

5.5.4.2 Whenever possible the District will offer light or modified duty assignments.

5.5.4.3 Medical appointments related to a worker’s compensation claim scheduled during work time shall be at no loss of pay.

5.5.5 District Paid Fringe Benefits While on Unpaid Leave

The District will pay any and all employer contributions for employee health and dental benefits for those employees who are on a paid or protected leave.

In addition, the District will continue payment of all employer contributions for employee health and dental benefits for an employee on a holdover list during the time period that the employee verifies that they do not have alternative health care coverage. The verification process shall be established by the Department of Human Resources and the Union.

When protected and paid leaves expire, and 12 additional weeks have passed, the District will cease paying these employer contributions.

Protected Leaves are defined as approved sick leave, workers’ compensation leave, family care leave, or mandatory administrative leave.

Following expiration of the employee’s family care leave, the employee may request personal leave due to hardship (pursuant to the procedures of the Department of Human Resources).

5.5.6 State Disability

5.5.6.1 Employees on State Disability may choose to have their sick leave benefits integrated with their disability payment by informing the Leaves and Separations Unit in the Human Resources Department.

5.5.6.1.1 Said provision shall be promulgated each semester in OASIS and posted on employment information boards at each worksite.

5.6 Employee Assistance Program (EAP)

5.6.1 Drug and/or Alcohol Dependence – Through the Employee Assistance Program (EAP) employees may receive information, brief treatment, and referral for chemical dependency and other personal problems that may affect individuals’ work or private lives.

5.6.2 Employees with chemical dependency problems shall be permitted to use sick leave (with or without pay), vacation, and/or compensatory time to access the EAP and other treatment services. If the treating service requirements conflict with an employee’s ability to perform their duties as assigned, and therefore they must be off work for an extended period of time, the employee and treatment service must, upon the employee’s return to work, provide the District with verification that the employee successfully completed the program as directed.

5.7 Pay Premium and Additional Compensation

In addition to the provision of 5.0, the following pay premiums and additional compensation rates provisions shall be in effect during the term of this Agreement.

5.7.1 Bilingual Pay Premium

Each fiscal year, the Superintendent, or designee, shall designate District positions that are eligible for the bilingual pay premium. Positions which require translating or interpreting to or from a foreign language including sign language for the hearing impaired and Braille for the visually impaired shall be designated eligible for the bilingual pay premium. Employees meeting the premium criteria skills shall receive a $75 premium per pay period. Once an employee is identified as qualified for Bilingual Pay, the designation will carry forward to the next school year. If a job is posted as non-bilingual, and the administrator assigns an employee bilingual duties on an ongoing basis as part of the job, the employee shall be paid at a bilingual premium.

5.7.1.1 In order to qualify for designation to receive the bilingual premium, a position must be required to provide non-English services, including Braille and sign language, for at least twenty-five percent (25%) of a regular job assignment.

5.7.1.2 If any employee is hired into a position which is designated bilingual, or for which non-English language requirements are listed in the job posting, that employee will be presumed qualified for this premium unless a contradicting analysis has been completed.

5.7.1.3 Health Worker Premium

Any Health Worker who participates in the auditory certification program, as well as any other additional duties which are outside the scope of the Health Workers classifications shall receive out of class pay per Article 5.7.2.

5.7.2 Out-of-Class Pay

5.7.2.1 A unit member who is directed and approved by their Program Director to perform a portion of the duties and responsibilities of a higher class for five (5) days within a twenty (20) day period shall receive 5% above their regular pay rate, retroactive to the first day of the acting assignment.

5.7.2.2 Out of class pay and assignment of out of class duties shall normally be discontinued after a six-month period except for extraordinary circumstances related to health and safety of students or employees as approved by the Associate Superintendent of Human Resources or their Designee. All assignments in excess of six months shall require a determination by the Associate Superintendent of Human Resources or their Designee as to whether the position shall be reclassified.

5.7.2.3 Reclassification and selection to reclassified positions are subject to the civil service rules. If a position is not reclassified, the employee shall not be required to perform out-of-class duties.

5.7.2.4 The District shall not deliberately reassign duties during the twenty (20) day period merely to avoid the 5% additional payment.

5.7.2.5 The District will not rotate supervisory assignments for the purpose of avoiding out-of-class compensation.

5.7.2.6 If an employee working out of class performs overtime work, the out of class premium will be applied to those hours as well.

5.7.3 Night Duty

The night duty differential shall be eight percent (8%). To be eligible for the night duty premium, an employee must work at least one (1) hour of their shift hours between 5 p.m. to 7 a.m.; those employees voluntarily participating in an authorized flextime program shall be exempted from said night duty premium.

5.7.4 Supervisory Differential Adjustment

The appointing officer/designee is hereby authorized to adjust the compensation of a supervisory employee as set forth herein subject to the following conditions:

5.7.4.1 The supervisor, as part of the regular responsibilities as a supervisor, directs, is accountable for and is in charge of the work of their subordinate or subordinates.

5.7.4.2 The organization is a permanent one approved by the appointing officer/designee where applicable, and is a matter of record based upon review and investigation by the Civil Service Commission.

5.7.4.3 The classification of both the supervisor and the subordinate are appropriate to the organization and have a normal, logical relationship to each other in terms of their respective duties and levels of responsibility and accountability in the organization.

5.7.4.4 The compensation schedule of the supervisor is less than one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised. In determining the compensation schedule of a classification being paid a flat rate, the flat rate will be converted to a bi-weekly rate and the compensation schedule, the top step, of which is closest to the flat rate so converted shall be deemed to be the compensation schedule of the flat rate classification.

5.7.4.5 The adjustment of the compensation schedule of the supervisor shall be to the nearest compensation schedule representing, but not exceeding, one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised.

5.7.4.6 The decision of the Appointing Officer/Designee as to whether the compensation schedule of the supervisory employee shall be adjusted in accordance with this section shall be final.

5.7.4.7 Compensation adjustments are effectively retroactive to the beginning of the current fiscal year or the date in the current fiscal year upon which the employee became eligible for such adjustment under these provisions.

5.7.4.8 In no event will the Appointing Officer/Designee approve a supervisory salary adjustment in excess of 2 full steps (approximately 10%) over the supervisor’s current basic compensation. If in the following fiscal year a salary inequity continues to exist, the Appointing Officer/Designee may again review the circumstances and may grant an additional salary adjustment not to exceed 2 full steps (approximately 10%).

5.7.4.9 An employee shall be eligible for supervisory differential adjustments only if they actually supervise the technical content of subordinate work and possess education and/or experience appropriate to the technical assignment.

5.7.5 Standby Pay

5.7.5.1 Employees who, as part of the duties of their positions are required by the appointing officer to be on standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid twenty-five percent (25%) of their regular straight time rate of pay for the period of the standby service, except that employees shall be paid ten percent (10%) of their regular straight time rate of pay for the period of such standby service when outfitted by their department with a cellular phone. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service the usual rate of pay for such service, including overtime if applicable.

Notwithstanding the provisions of this section, standby pay shall not be allowed in classes whose duties are primarily administrative in nature.

5.7.5.2 The provision of this Section authorizing standby pay does not apply to classifications designated by a “Z” symbol and which would qualify for designation as executive under the duties test provisions of the Federal Fair Labor Standards Act. Provided, however, that if such compensation is expressly requested and approved in accordance with the procedures in this section as set forth below, employees in the classification categories referenced in this subsection shall be eligible for standby compensation.

5.7.6 Callback/Holdover pay

Unit members called into work on a day off or called back into their work location(s) following the completion of their work day and departure from their place of employment shall be granted a minimum of four (4) hours compensation at the applicable rate or shall be compensated for all hours actually worked at the applicable rate, whichever is greater. The section shall not apply to employees who are called back to duty when on a standby status, pursuant to section 5.7.5 of the Collective Bargaining Agreement. The employee’s workday shall not be adjusted to avoid the payment of this minimum. Full time employees who are held over to work after having worked their regularly scheduled shift shall be compensated at overtime per section 5.7.9 of the Collective Bargaining Agreement.

5.7.7 Lead Person Pay

5.7.7.1 Employees designated by their supervisor as lead workers shall be entitled to a twenty dollar ($20.00) per day premium only in situations involving:

5.7.7.1.1 Regularly assigned to plan, design, sketch, layout detail, and estimate or order materials when said work is outside the regular job description and duties of the class.

5.7.7.1.2 When assigned to team maintenance and only when the supervisor recommends that said -assignment meets the description in section 5.7.7.1.1 above.

5.7.8 Log Cabin School Differential

A unit member assigned to work at Log Cabin School in La Honda shall be entitled to a seven and one-half percent (7.5%) salary differential.

5.7.9 Overtime

Overtime shall be defined as service authorized by the Superintendent or their designee in excess of eight hours in any day, or in excess of forty hours in any week. Overtime service shall be paid for in cash unless the employee and the supervising manager mutually agree to compensatory time in advance of the work performed. If paid in cash, it shall be at one and one half times the base hourly pay rate. Compensatory time shall be earned at one and one-half (1.5) times the period of overtime that is worked.

On a monthly basis the District shall provide to SEIU Local 1021 a complete list of names of unit members that were paid overtime for the month in question. Once documented by the employee, overtime shall be paid in a timely manner as soon as the employee’s manager confirms the hours worked and then forwards the documentation to payroll.

5.7.10 Mileage

5.7.10.1 A unit member whose job classification is assigned to multiple District sites or who is required and directed to use his/her private vehicle in the performance of District duties, and who submits the appropriate claim forms, shall be reimbursed at the prevailing IRS rate.

5.7.10.2 Reimbursement shall not apply in situations in which a unit member elects to work in multiple positions at multiple sites in a position number that is not assigned to multiple sites. This limitation shall not apply, however, to the unit member who is receiving reimbursement under these circumstances as of the date of ratification of this Agreement.

5.7.11 Committee on Communications Technology

Within 60 days of ratification, the District and the Union will convene a committee to examine the need for mobile communication with bargaining unit members. Based on the results of such examination the committee will evaluate options for providing communications equipment or appropriate proportional reimbursement and establishing workplace protocols for the use of personal communications devices.

5.7.11. 1 On completion, the policies generated by the committee shall be reviewed for approval by the Department of Technology and shall be incorporated into this Agreement after approval is confirmed.

5.8 Correcting Payroll Errors

5.8.1 In the event of a payroll error that represents fifty percent (50%) or more of an employee’s net paycheck, a corrected check will be issued by the District within 1 to 3 work days provided: the error is brought to the attention of the Payroll Department within three (3) days of the pay day when the error occurred; and also provided that the Payroll Department receives the documentation for correction at the approximate time that it receives notice of the error.

5.8.2 If the amount of the payroll error represents 25% to 49% of the employee’s net paycheck, the new check will be issued within five (5) work days and all other provisions of Section 5.8.1 shall apply.

5.8.3 If the amount of the payroll error is less than 25% of the employee’s net pay check, the correction will be made on the next regular payroll.

5.9 Payment Policy

5.9.1 Electronic Payroll System – All bargaining unit members shall be paid exclusively by electronic means according to the following terms:

5.9.2 Bargaining unit members shall be paid through direct deposit to their existing accounts.

5.9.3 Bargaining unit members not already receiving pay in this manner may provide the requisite information to the Payroll Department to enable implementation of payment by direct deposit.

5.9.4 Bargaining unit members who elect not to receive salary payments through direct deposit shall be paid through alternative electronic means (such as a “pay card”). Unit members shall be entitled to make at least one free withdrawal from the designated financial institution each time a deposit is made by the District to the pay card. A list of pay card recipients shall be provided to the Union within thirty (30) days of the implementation of this program.

5.9.5 All electronic pay warrants shall be accessible via the unit member’s District username and password through a secure website provided by the District.

5.9.5.1 All bargaining unit members shall have access to a District computer and printer during non-duty time within normal business hours at the work site or alternate District locations for the purpose of verifying salary deposits, viewing itemized wage statements (“pay stub”) and printing hard copies thereof.

5.10 Duty-Free Lunch

A unit member assigned to work six (6) or more hours per day shall be entitled to not less than a thirty (30) minute duty-free lunch period without pay; said period shall be scheduled by the employee, subject to the approval of the immediate supervisor. Should the need for District efficiency cause the lunch period to be canceled, the District shall make a reasonable effort to reschedule it within the unit member’s normal starting and ending time of service. In any event, a unit member shall be paid for all hours actually worked.

The term of agreement shall be July 1, 2022 through June 30, 2025.

2.1 Savings Clause

Should any provision(s) of this Agreement be declared invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect. In the event of such invalidation the parties agree to meet and negotiate within thirty (30) days for the purpose of mutual agreement upon a satisfactory replacement.

2.2 Full Agreement

This is a full agreement on all matters within the scope of representation for the duration of this Agreement. The parties without qualification waive the right to meet and confer on existing practice even if they are not contained in this Agreement. In the event that any new practice, subject or matter arises during the term of this Agreement, the Union shall be provided advance notice and an opportunity to meet and confer and seek to reach an agreement.

2.3 Automatic Economic Reopener

Notwithstanding any other provisions of this Article of Agreement, the District and the Union agree that if Local 1021 and the City subsequently renegotiate an economic component of their current MOU, said component will not automatically apply to SFUSD. However, said component in the City-Union MOU will result in an automatic reopener of negotiations between the Union and the District on that issue.