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AB-1466 Employee classification: professional classification: specified educational employees.(2019-2020)

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Date Published: 06/14/2019 09:00 PM
AB1466:v95#DOCUMENT

Amended  IN  Senate  June 14, 2019
Amended  IN  Assembly  April 24, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1466


Introduced by Assembly Member Irwin

February 22, 2019


An act to add Chapter 7.2 (commencing with Section 10650) to Part 7 of Division 1 of Title 1 of the Education Code, relating to education data. Section 515.7 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1466, as amended, Irwin. Statewide longitudinal education data system. Employee classification: professional classification: specified educational employees.
Existing law provides that 8 hours of labor constitutes a day’s work. Under existing law, any work in excess of 8 hours in one workday and any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the 7th day of work in any one workweek, is required to be compensated at the rate of no less than 11/2 times the regular rate of pay for an employee. Existing law also provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. Existing law exempts from these provisions an individual employed as a teacher at a private elementary or secondary academic institution if specified requirements are met.
Existing law, Wage Order No. 4-2001 of the Industrial Welfare Commission, applies to specified professions, including professional, technical, and clerical occupations. The wage order exempts specified persons, including a person who is employed in a professional capacity who meets specified requirements.
This bill would require that a person who is employed in the education field be classified as employed and therefore exempt from the wage and hour provisions of Wage Order No. 4-2001, if that person meets specified criteria, including certain salary or collective bargaining requirements.

Existing law establishes the California Longitudinal Pupil Achievement Data System and requires a local educational agency to retain all data necessary to compile reports required by specified federal laws, including, but not limited to, dropout and graduation rates.

This bill would, upon an appropriation in the Budget Act or another statute for this purpose, require the Governor to establish a statewide student longitudinal database taskforce. The taskforce would include representatives of elementary, secondary, and postsecondary education systems and employee groups in the state and of specified state agencies. The bill would authorize the taskforce to establish working groups that include outside stakeholders to address topics as determined by the taskforce. The bill would require the taskforce to initially meet on or before July 1, 2020, and would specify objectives for the taskforce to meet within timeframes set forth in the bill, including developing a plan for a scope of work and preparing a report with recommendations by the taskforce of an implementation plan for the structure of, governance of, access to, and metrics included in, a database system. This bill would require the taskforce to submit the report to the Legislature and the Governor on or before July 1, 2022.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 515.7 is added to the Labor Code, to read:

515.7.
 (a) An employee in the education field shall be classified as employed in a professional capacity under Wage Order No. 4-2001 of the Industrial Welfare Commission, notwithstanding clause (d) of subparagraph (3) of paragraph (A) of Section 1 of that wage order, if all of the following apply:
(1) The employee is primarily employed to provide instruction for a credit-bearing course or laboratory at an independent institution of higher education, as defined in subdivision (b) of Section 66010 of the Education Code.
(2) The employee meets the duties’ test of Wage Order No. 4-2001.
(3) The employee is paid on a salary basis, as defined by Section 541.602 of Title 29 of the Code of Federal Regulations, and receives either of the following:
(A) A monthly salary equivalent to no less than two times the state minimum wage for full-time employment.
(B) A minimum payment that is no less than two times the state minimum wage times the hours of service for the credit-bearing course or laboratory.
(b) For purposes of subparagraph (B) of paragraph (3) of subdivision (a), “hours of service” shall be calculated for courses or laboratories for which the employee provides instruction, to include both of the following:
(1) All classroom hours per week.
(2) For each classroom hour per week, an additional 3.5 hours per week for class preparation and grading.
(c) In the alternative, an employee shall be classified as employed in a professional capacity pursuant to Wage Order No. 4-2001, notwithstanding clause (d) of subparagraph (3) of paragraph (A) of Section 1 of that wage order, if the employee meets the requirements described in paragraphs (1) and (2) of subdivision (a), and is covered by a bona fide collective bargaining agreement, to the extent such classification is expressly included in the collective bargaining agreement in clear and unambiguous terms.