Report I2016-1 Recommendation 24 Responses

Report I2016-1: Investigations of Improper Activities by State Agencies and Employees: Misuse of State Resources, Forgery, False Time Reporting, Financial Interests Disclosure Violations, and Waste of State Funds (Release Date: February 2016)

Case Number I2013-1633

Recommendation #24 To: Developmental Services, Department of

Revise its established timekeeping audit procedures to ensure that exempt represented employees correctly charge leave according to the number of hours they are regularly scheduled to work.

Agency Response From December 2017

Developmental Services stated that it had implemented the directives from the CalHR policy issued in July 2017, which states that exempt employees must charge leave pursuant to their non-standard work schedules. Accordingly, Developmental Services stated that it revised its timekeeping procedures to ensure that FLSA-exempt represented employees at all of its facilities correctly charge leave according to the number of hours they regularly are scheduled to work.

California State Auditor's Assessment of Status: Fully Implemented


Agency Response From November 2016

Developmental Services stated that it has not changed its stance on this recommendation. It will take no action until it receives guidance from CalHR regarding how to address the timekeeping issues of represented employees exempt from the FLSA who work alternate schedules.

California State Auditor's Assessment of Status: No Action Taken


Agency Response From August 2016

Developmental Services reiterated in its monthly updates that it continues to disagree with the findings and recommendations of the investigation. Developmental Services also reiterated that it will take no action until it receives guidance from CalHR regarding how to address the timekeeping issues of represented employees exempt from the FLSA who work alternate schedules.

California State Auditor's Assessment of Status: No Action Taken


Agency Response From May 2016

Developmental Services reiterated in its monthly updates that it continues to disagree with the findings and recommendations of the investigation. Developmental Services also reiterated that it will take no action until it receives guidance from CalHR regarding how to address the timekeeping issues of represented employees exempt from the FLSA who work alternate schedules.

California State Auditor's Assessment of Status: No Action Taken


Agency Response From February 2016

Developmental Services reported that it respectfully continues to disagree with the findings and recommendations of the investigation. In addition, Developmental Services stated that the California Department of Human Resources (CalHR) has informed it that CalHR plans to issue statewide guidance in the near future on reporting of time for represented employees exempt from the Fair Labor Standards Act (FLSA). Developmental Services stated that at that time, it would work with CalHR and the unit 19 representatives to address any issues of timekeeping for represented FLSA-exempt employees who work alternate work week schedules at the Porterville Developmental Center.

California State Auditor's Assessment of Status: No Action Taken


All Recommendations in I2016-1