Today's Law As Amended

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



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, or under Wage Order No. 5-2001 of the Industrial Welfare Commission, notwithstanding clause (d) of subparagraph (3) of paragraph (B) of Section 1 of that wage order, and shall be exempt from paragraphs (2), (3), and (9) of subdivision (a) Section 226, and Sections 510 and 512, when all of the following apply:
(1) The employee is 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 otherwise meets the duties’ test of Wage Order No. 4-2001 or Wage Order No. 5-2001.
(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) Payment for a credit-bearing course or laboratory for all classroom time, preparation, grading, office hours, and other course-related work that is calculated by multiplying the employee’s weekly rate of pay for all course or laboratory-related work, as defined in subdivision (b), by the number of instructional weeks in the applicable academic term.
(b) The weekly pay required by subparagraph (B) of paragraph (3) of subdivision (a) shall be calculated in accordance with this subdivision, as follows:
(1) The following weekly rate of pay that encompasses all course or laboratory-related work:
(A) For each classroom hour in 2020: one hundred seventeen dollars ($117) per week.
(B) For each classroom hour in 2021: one hundred twenty-six dollars ($126) per week.
(C) For each classroom hour in 2022: one hundred thirty-five dollars ($135) per week.
(D) For each classroom hour in 2023 and each year thereafter: a percentage increase to the weekly rate described in subparagraph (C) that is equal to the percentage increase to the state minimum wage calculated in accordance with subdivision (c) of Section 1182.12.
(2) Notwithstanding paragraph (1), if a credit-bearing laboratory, art studio course, clinical course, or other nonlecture course is offered for the same number of credits as a lecture-based course, the minimum weekly payment for the credit-bearing laboratory, art studio course, clinical course, or other nonlecture course shall be that of the lecture-based course offered for the same number of credits by the same institution.
(c) As an alternative to meeting the requirements of paragraph (3) of subdivision (a), an employee shall be classified as employed in a professional capacity pursuant to either Wage Order No. 4-2001, notwithstanding clause (d) of subparagraph (3) of paragraph (A) of Section 1 of that wage order, or Wage Order No. 5-2001, notwithstanding clause (d) of subparagraph (3) of paragraph (B) of Section 1 of that wage order, and shall be exempt from paragraphs (2), (3), and (9) of Section 226, and Sections 510 and 512, when all of the following apply: 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 the classification of employment in a professional capacity is expressly included in the collective bargaining agreement in clear and unambiguous terms.