1. (a) Each position or class in the state service for which a biweekly, monthly, or annual salary range is fixed, whether or not the position or class is subject to state civil service, shall be assigned or reassigned to one of the following groups:

   1. (1) Work Week Group 2: A designation given to classifications and positions subject to the Fair Labor Standards Act. Employees in classification designated as Work Week Group 2 are paid for all hours worked, including those in excess of the employee regularly scheduled work week.

   2. (2) Work Week Group E: A designation given to a classification exempt from coverage under the Fair Labor Standards Act that meets the salary basis and duties test. The salary is full compensation for all hours worked to perform assigned duties.

      1. (A) Intermittent employees in classifications designated as Work Week Group E are hourly employees and are paid as Work Week Group 2.
      2. (B) Excluded employees in Work Week Group E shall not have their salary reduced (docked) for absences of less than an entire day.

   3. (3) Work Week Group SE: A designation given to a classification exempt from coverage under the Fair Labor Standards Act under the Learned Professional (doctor, teacher, lawyer) exemption. The salary is full compensation for all hours worked to perform assigned duties.

      1. (A) Intermittent employees in classifications designated as Work Week Group SE are hourly employees and receive their regular rate of pay for all hours worked.
      2. (B) Excluded employees in Work Week Group SE shall not have their salary reduced (docked) for absences of less than an entire day.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d), 19843 and 19849, Government Code. Reference: Sections 19824, 19843, 19849 and 19851, Government Code.

History

1. Change without regulatory effect amending subsection (b) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

2. Amendment of section and Note filed 9-8-2025; operative 1-1-2026 (Register 2025, No. 37).