2007 California Education Code Article 5. Differential Compensation

CA Codes (edc:88180-88186)

88180.  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.



88181.  The governing board of every community college district, or
the personnel commission in any merit system 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.



88182.  The governing board of any community college 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.



88183.  Assignment to duties 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.



88184.  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.


88185.  An employee receiving differential compensation on the basis
of his or her shift shall not lose that compensation if the employee
is temporarily, for 20 working days or less, assigned to a shift not
entitled to that 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.



88186.  This article shall apply to community college districts that
have adopted the merit system in the same manner and effect as if it
were a part of Article 3 (commencing with Section 88060) of this
chapter.