SECTIONS 45180-45186 - California Statutes

EDUCATION CODE

SECTION 45180-45186

45180. For purposes of this article, the following definitions
shall apply unless the context indicates otherwise:
(a) "Differential compensation" means either a reduction in the
number of hours required to be actually worked or an increase in
salary.
(b) "Shift" means the number of hours worked and shall include a
duty-free meal period of not less than one-half hour which, in the
case of a seven- or eight-hour shift, shall occur approximately at
the midpoint of the shift. This subdivision shall not apply to
employees working six hours or less, or assigned to a split shift.

45181. The governing board of every school district, or the
personnel commission in any merit system school district, shall,
insofar as it is possible to do so, determine the practices relating
to morning and night shift salary differentials in the private
employment fields in which it must compete for employees for its
classified staff and shall consider the advisability of providing
comparable salary differentials for its classified staff.

45182. The governing board of any school district may provide
differential compensation to those classified employees who perform
duties of a distasteful, dangerous, or unique nature when, in the
opinion of the board, such compensation is reasonably justified.
In a merit system district, such differentials shall be based upon
findings and recommendations of the personnel commission and shall
not be applied in a manner contrary to the principle of like pay for
like service.

45183. (a) Assignment of duties to bargaining unit employees for
which differential compensation is designated, other than a temporary
assignment of less than 20 working days, shall be made on the basis
of seniority among those employees within the appropriate class who
request such an assignment.
(b) This section may be waived by agreement between the governing
board of a school district and the exclusive representative of the
unit of classified employees to be affected by the waiver.

45184. No employee assigned to work a shift entitled to
differential compensation shall be demoted in class or grade as a
result of such an assignment.

45185. An employee receiving differential compensation on the basis
of his shift shall not lose such compensation if he is temporarily,
for 20 working days or less, assigned to a shift not entitled to such
compensation. The regular rate of pay for all purposes of an
employee assigned to a shift which provides differential compensation
shall be the differential rate.

45186. This article shall apply to school districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 6 (commencing with Section 45240) of this chapter.