AB 1066: Agricultural workers: wages, hours, and working conditions.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-12
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employees regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified.
The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employees regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified.
The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employees regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified.
The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employees regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions. provisions, as specified.
The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employees regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions.
The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law provides that substitute and short-term employees, as defined, employed and paid for less than 75% of a school year or college year, shall not be part of the classified service.
This bill would revise the definition of short-term employee to require that a short-term employee position not continue on a year-after-year basis.
To the extent that this bill would impose new duties on school districts and community college districts, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met. Existing law provides that substitute and short-term employees, as defined, employed and paid for less than 75% of a school year or college year, shall not be part of the classified service.
This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications.
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This bill would revise the definition of short-term employee to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of limited-term employee that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year. a short-term employee position not continue on a year-after-year basis.
To the extent that this bill would impose new duties on school districts and community college districts, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met.
This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications, including nonemployee contractors.
The bill would revise the definition of short-term employee to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of limited-term employee that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year.
To the extent that this bill would impose new duties on school districts and community college districts, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met.
This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications, including nonemployee contractors.
The bill would revise the definition of short-term employee to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of limited-term employee that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year.
To the extent that this bill would impose new duties on school districts and community college districts, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one days rest in seven. The requirement respecting the equivalent of one days rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise.
(b)In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552.
SEC. 2.Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read:6.Agriculture857.This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.
858.The Legislature finds and declares all of the following:
(a)Agricultural employees engage in back-breaking work every day.
(b)Few occupations in todays America are as physically demanding and exhausting as agricultural work.
(c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.
859.For purposes of this chapter, employed in an agricultural occupation has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).
860.Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)(1)Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b)(1)Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c)(1)Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d)(1)Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
861.Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.
862.(a)Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employees regular rate of pay.
(b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
(c)Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
863.(a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governors temporary suspension under this section shall be by proclamation.
(c)The Governors authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first.
864.The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one days rest in seven. The requirement respecting the equivalent of one days rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise.
(b)In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552.
SEC. 2.Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read:6.Agriculture857.This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.
858.The Legislature finds and declares all of the following:
(a)Agricultural employees engage in back-breaking work every day.
(b)Few occupations in todays America are as physically demanding and exhausting as agricultural work.
(c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.
859.For purposes of this chapter, employed in an agricultural occupation has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).
860.Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)(1)Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b)(1)Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c)(1)Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d)(1)Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
861.Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.
862.(a)Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employees regular rate of pay.
(b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
(c)Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
863.(a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governors temporary suspension under this section shall be by proclamation.
(c)The Governors authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first.
864.The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one days rest in seven. The requirement respecting the equivalent of one days rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise.
(b)In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552.
SEC. 2.Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read:6.Agriculture857.This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.
858.The Legislature finds and declares all of the following:
(a)Agricultural employees engage in back-breaking work every day.
(b)Few occupations in todays America are as physically demanding and exhausting as agricultural work.
(c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.
859.For purposes of this chapter, employed in an agricultural occupation has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).
860.Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)(1)Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b)(1)Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c)(1)Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d)(1)Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
(2)This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
861.Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.
862.(a)Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employees regular rate of pay.
(b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
(c)Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
863.(a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governors temporary suspension under this section shall be by proclamation.
(c)The Governors authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860 or 860, the phase in of the overtime requirements contained in subdivision (a) (c) of Section 862. 862, or January 1, 2025, whichever occurs first.
864.The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one days rest in seven. The requirement respecting the equivalent of one days rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise.
(b)In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552.
SEC. 2.Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read:6.Agriculture857.This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.
858.The Legislature finds and declares all of the following:
(a)Agricultural employees engage in back-breaking work every day.
(b)Few occupations in todays America are as physically demanding and exhausting as agricultural work.
(c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.
859.For purposes of this chapter, employed in an agricultural occupation has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).
860.Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)Commencing January 1, 2019, any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(b)Commencing January 1, 2020, any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(c)Commencing January 1, 2021, any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(d)Commencing January 1, 2022, any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
861.Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.
862.(a)Beginning January 1, 2022, and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employees regular rate of pay.
(b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
863.(a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)If the Governor makes a final determination to temporarily suspend scheduled phase in overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governors temporary suspension under this section shall be by proclamation.
(c)The Governors authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860 or the phase in of the overtime requirements contained in subdivision (a) of Section 862.
864.The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that the any existing provision in Wage Order 14-2001 provision for payment of double the employees regular rate of pay for all hours worked over eight hours on the seventh day of work in the workweek shall continue to apply. providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Sections 551 and 552 shall do not apply to any cases of emergency nor or to work performed in the protection of life or property from loss or destruction, nor or to any common carrier engaged in or connected with the movement of trains. This chapter, with the exception of Section 558, shall not apply to any person employed in an agricultural occupation, as defined in Order No. 14-80 (operative January 1, 1998) of the Industrial Welfare Commission. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one days rest in seven. The requirement respecting the equivalent of one days rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise.
(b)In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552.
SEC. 2.Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read:6.Agriculture857.This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.
858.The Legislature finds and declares all of the following:
(a)Agricultural employees engage in back-breaking work every day.
(b)Few occupations in todays America are as physically demanding and exhausting as agricultural work.
(c)In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.
859.For purposes of this chapter, employed in an agricultural occupation has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).
860.Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)Commencing January 1, 2019, any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(b)Commencing January 1, 2020, any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(c)Commencing January 1, 2021, any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(d)Commencing January 1, 2022, any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employees regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
861.Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.
862.(a)Beginning January 1, 2022, and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employees regular rate of pay.
(b)Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
863.(a)Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)If the Governor makes a final determination to temporarily suspend scheduled phase in overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governors temporary suspension under this section shall be by proclamation.
(c)The Governors authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860 or the phase in of the overtime requirements contained in subdivision (a) of Section 862.
864.The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that the Wage Order 14-2001 provision for payment of double the employees regular rate of pay for all hours worked over eight hours on the seventh day of work in the workweek shall continue to apply.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 45103 of the Education Code is amended to read:45103.(a)The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b)(1)Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service.
(2)Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service.
(3)Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and that is financed by state or federal funds, shall not be a part of the classified service.
(4)Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by the governing board of a school district, except as authorized by this section.
(d)As used in this section:
(1)Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of the number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a service for the school district, upon the completion of which the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a school district, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of the school district, but shall not extend beyond 75 percent of a school year. A short-term employee position shall not continue on a year-after-year basis.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board of the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(e)Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services.
(f)This section shall apply only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
SEC. 2.Section 88003 of the Education Code is amended to read:88003.(a)The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Part-time playground positions, apprentices, and professional experts employed on a temporary basis for a specific project, irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(b)As used in this section:
(1)Seventy-five percent of a college year means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of the number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a service for the community college district, upon the completion of which the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a college year. A short-term employee position shall not continue on a year-after-year basis.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services.
(d)This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The governing board of any a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b)(1)Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service.
(2)Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service.
(3)Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and that is financed by state or federal funds, shall not be a part of the classified service.
(4)Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a the governing board, board of a school district, except as authorized by this section.
(d)As used in this section:
(1)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(1)Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of the number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a service for the school district, upon the completion of which, which the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board, board of a school district, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board, board of the school district, but shall not extend beyond 75 percent of a school year. A short-term employee position shall not continue on a year-after-year basis.
(3)Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation and other leaves of absence, irrespective of number of hours worked per day.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board of the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(e)Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program program, shall not result in the displacement of classified personnel or impair existing contracts for services.
(f)This section shall apply only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
SEC. 2.Section 88003 of the Education Code is amended to read:88003.(a)The governing board of any a community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Part-time playground positions, apprentices apprentices, and professional experts employed on a temporary basis for a specific project, regardless irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and which that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
Substitute employee, as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(b)As used in this section:
(1)Seventy-five percent of a college year means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of the number of hours worked per day.
Short-term employee, as used in this section,
(2)Short-term employee means any person who is employed to perform a service for the community college district, upon the completion of which, which the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a school college year. A short-term employee position shall not continue on a year-after-year basis.
Seventy-five percent of a college year means 195 working days, including holidays, sick leave, vacation and other leaves of absences, irrespective of number of hours worked per day.
Employment
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program program, shall not result in the displacement of classified personnel or impair existing contracts for services.
This
(d)This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 45103 of the Education Code is amended to read:45103.(a)The governing board of any school district shall employ persons for positions not requiring certification qualifications. The governing board has a mandatory duty to classify, and shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b)(1)Substitute employees, employed and paid for less than 75 percent of a single school year, and short-term employees, employed and paid for less than 75 percent of a single school year, shall not be a part of the classified service.
(2)Apprentices and professional experts employed on a limited, temporary basis for a specific project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service.
(3)Full-time students employed part time, and part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds, shall not be a part of the classified service.
(4)Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(d)As used in this section:
(1)Seventy-five percent of a single school year means 195 working days of a single school year, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 45101, and shall certify the starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year, and the district shall not employ a short-term employee in subsequent school years to perform the same or similar services.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(e)Employment of either full-time or part-time students in any college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(f)This section shall apply only to districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
SEC. 2.Section 45103.1 of the Education Code is amended to read:45103.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that:
(A)In comparing costs, there shall be included the school districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the school districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut school district pay rates.
(3)The contract does not cause the displacement of school district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the school district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the school district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single school year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency nonemployee contractor shall be determined by the district. The frequency of appointment, length of contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments as nonemployee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for school district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed.
(7)The nature of the services, objectively determined, is so urgent, temporary, or occasional that the delay incumbent in the implementation of those services under the districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a school district under this section is limited to 60 working days of a single school year.
(c)This section shall apply to all school districts, including districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 3.Section 45104 of the Education Code is amended to read:45104.(a)A school district has a mandatory duty to classify, and shall classify, every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service pursuant to Section 45103 or 45256, as required by those sections. These positions shall be a part of the classified service. These positions shall not be designated as certificated, the assignment of a title to any such position shall not remove the position from the classified service, and possession of a certification document shall not be made a requirement for employment in the position.
(b)Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position.
(c)An employee of a school district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a school district under subdivision (a) of Section 45103, subdivision (a) of Section 45286, or this section, or to compel a school district to classify an employee or position as required by those provisions.
(d)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240).
SEC. 4.Section 45256 of the Education Code is amended to read:45256.(a)The commission has a mandatory duty to classify, and shall classify, all employees and positions within the jurisdiction of the governing board or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)All of the following are exempt from the classified service:
(1)Positions which require certification qualifications.
(2)Full-time students employed part time.
(3)Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds.
(4)Apprentice positions of a limited, temporary nature.
(5)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
(6)Part-time playground positions, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)(1)Employment of either full-time or part-time students in any college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 5.Section 45286 of the Education Code is amended to read:45286.(a)Whenever the appointing power shall require the appointment of a limited-term employee to a position, the duration of which is not to exceed six consecutive months in a single school year, or, in case of an appointment of a substitute employee in lieu of a temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee, the appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single school year, and the school district may not employ a limited-term employee in subsequent school years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to that position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the school district a discrete service, the duration of which is not to exceed six consecutive months in a single school year, if upon the completion of the discrete service, no similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 6.Section 88003 of the Education Code is amended to read:88003.(a)The governing board of any community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, has a mandatory duty to classify, and shall classify, all those employees and positions. The employees and positions shall be known as the classified service. Substitute employees, employed and paid for less than 75 percent of a single college year, and short-term employees, employed and paid for less than 75 percent of a single college year, shall not be a part of the classified service. Part-time playground positions, apprentices, and professional experts employed on a limited, temporary basis for a specific project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and which is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(b)As used in this section:
(1)Seventy-five percent of a single college year means 195 working days of a single college year, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.
(2)Short-term employee, as used in this section, means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 88001, and shall certify the starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single college year, and the district shall not employ a short-term employee in subsequent college years to perform the same or similar services.
(3)Substitute employee, as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(d)This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
SEC. 7.Section 88003.1 of the Education Code is amended to read:88003.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that:
(A)In comparing costs, there shall be included the community college districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the community college districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut community college district pay rates.
(3)The contract does not cause the displacement of community college district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the community college district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the community college district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single college year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency nonemployee contractor shall be determined by the community college district. The frequency of appointment, length of contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments of non-employee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for community college district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed.
(7)The nature of the services, objectively determined, is so urgent, temporary, or occasional that the delay incumbent in the implementation of those services under the community college districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a community college district under this section is limited to 60 working days of a single college year.
(c)This section shall apply to all community colleges, including community college districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 8.Section 88004 of the Education Code is amended to read:88004.(a)A community college district has a mandatory duty to classify, and shall classify, every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service pursuant to Section 88003 or 88076, as required by those sections. These positions shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district, nor shall the assignment of a title to any such position remove the position from the classified service.
(b)Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position.
(c)An employee of a community college district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a community college district under subdivision (a) of Section 88003, subdivision (a) of Section 88076, or this section, or to compel a community college district to classify an employee or position as required by those provisions.
(d)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter.
SEC. 9.Section 88076 of the Education Code is amended to read:88076.(a)The commission has a mandatory duty to classify, and shall classify all employees and positions within the jurisdiction of the governing board or of the commission, except those which are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)The following positions and employees are exempt from the classified service:
(1)Academic positions.
(2)Part-time playground positions.
(3)Full-time students employed part time.
(4)Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college which is financed by state or federal funds.
(5)Apprentice positions of a limited, temporary nature.
(6)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
(c)(1)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 10.Section 88105 of the Education Code is amended to read:88105.(a)Whenever the appointing power requires the appointment of a limited-term employee to a position, the duration of which is not to exceed six consecutive months in a single college year, or, in case of an appointment of a substitute employee in lieu of a temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee, the appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single college year, and the community college district may not employ a limited-term employee in subsequent college years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the community college district a discrete service, the duration of which is not to exceed six consecutive months in a single college year, if upon the completion of the discrete service, a similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 11.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The governing board of any school district shall employ persons for positions not requiring certification qualifications. The governing board has a mandatory duty to classify, and shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b)(1)Substitute employees, employed and paid for less than 75 percent of a single school year, and short-term employees, employed and paid for less than 75 percent of a single school year, shall not be a part of the classified service.
(2)Apprentices and professional experts employed on a limited, temporary basis for a specific project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service.
(3)Full-time students employed part time, and part-time students employed part time in any college workstudy program, work-study program or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds, shall not be a part of the classified service.
(4)Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(d)As used in this section:
(1)Seventy-five percent of a single school year means 195 working days of a single school year, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 45101, and shall certify the starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year, and the district shall not employ a short-term employee in subsequent school years to perform the same or similar services.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(e)Employment of either full-time or part-time students in any college workstudy program, work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(f)This section shall apply only to districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
SEC. 2.Section 45103.1 of the Education Code is amended to read:45103.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that:
(A)In comparing costs, there shall be included the school districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the school districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut school district pay rates.
(3)The contract does not cause the displacement of school district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the school district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the school district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single school year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency nonemployee contractor shall be determined by the district. The frequency of appointment, length of contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments as nonemployee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for school district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed.
(7)The nature of the services, objectively determined, is so urgent, temporary, or occasional that the delay incumbent in the implementation of those services under the districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a school district under this section is limited to 60 working days of a single school year.
(c)This section shall apply to all school districts, including districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 3.Section 45104 of the Education Code is amended to read:45104.(a)A school district has a mandatory duty to classify, and shall classify, every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service pursuant to Section 45103 or 45256, as required by those sections. These positions shall be a part of the classified service. These positions shall not be designated as certificated, the assignment of a title to any such a position shall not remove the position from the classified service, and possession of a certification document shall not be made a requirement for employment in the position.
(b)A school district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 45103.1.
(c)
(b)Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position.
(d)
(c)An employee of a school district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a school district under subdivision (a) of Section 45103, subdivision (a) of Section 45286, or this section, or to compel a school district to classify an employee or position as required by those provisions.
(e)
(d)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240).
SEC. 4.Section 45256 of the Education Code is amended to read:45256.(a)The commission has a mandatory duty to classify, and shall classify, all employees and positions within the jurisdiction of the governing board or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)All of the following are exempt from the classified service:
(1)Positions which require certification qualifications.
(2)Full-time students employed part time.
(3)Part-time students employed part time in any college workstudy program, work-study program or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds.
(4)Apprentice positions of a limited, temporary nature.
(5)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
(6)Part-time playground positions, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)(1)Employment of either full-time or part-time students in any college workstudy program, work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 5.Section 45286 of the Education Code is amended to read:45286.(a)Whenever the appointing power shall require the appointment of a limited-term employee to a position, the duration of which is not to exceed six consecutive months in a single school year, or, in case of an appointment of a substitute employee in lieu of a temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee, the appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single school year, and the school district may not employ a limited-term employee in subsequent school years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to that position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the school district a discrete service, the duration of which is not to exceed six consecutive months in a single school year, if upon the completion of the discrete service, no similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 6.Section 88003 of the Education Code is amended to read:88003.(a)The governing board of any community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, has a mandatory duty to classify, and shall classify, all those employees and positions. The employees and positions shall be known as the classified service. Substitute employees, employed and paid for less than 75 percent of a single college year, and short-term employees, employed and paid for less than 75 percent of a single college year, shall not be a part of the classified service. Part-time playground positions, apprentices, and professional experts employed on a limited, temporary basis for a specific project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and which is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(b)As used in this section:
(1)Seventy-five percent of a single college year means 195 working days of a single college year, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.
(2)Short-term employee, as used in this section, means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 88001, and shall certify the starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school college year, and the district shall not employ a short-term employee in subsequent college years to perform the same or similar services.
(3)Substitute employee, as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(d)This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
SEC. 7.Section 88003.1 of the Education Code is amended to read:88003.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that:
(A)In comparing costs, there shall be included the community college districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the community college districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut community college district pay rates.
(3)The contract does not cause the displacement of community college district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the community college district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the community college district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single college year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency nonemployee contractor shall be determined by the community college district. The frequency of appointment, length of contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments of non-employee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for community college district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed.
(7)The nature of the services, objectively determined, is so urgent, temporary, or occasional that the delay incumbent in the implementation of those services under the community college districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a community college district under this section is limited to 60 working days of a single college year.
(c)This section shall apply to all community colleges, including community college districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 8.Section 88004 of the Education Code is amended to read:88004.(a)A community college district has a mandatory duty to classify, and shall classify, every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service pursuant to Section 88003 or 88076, as required by those sections. These positions shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district, nor shall the assignment of a title to any such a position remove the position from the classified service.
(b)A community college district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 88003.1.
(c)
(b)Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position.
(d)
(c)An employee of a community college district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a community college district under subdivision (a) of Section 88003, subdivision (a) of Section 88076, or this section, or to compel a community college district to classify an employee or position as required by those provisions.
(e)
(d)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter.
SEC. 9.Section 88076 of the Education Code is amended to read:88076.(a)The commission has a mandatory duty to classify, and shall classify all employees and positions within the jurisdiction of the governing board or of the commission, except those which are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)The following positions and employees are exempt from the classified service:
(1)Academic positions.
(2)Part-time playground positions.
(3)Full-time students employed part time.
(4)Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college which is financed by state or federal funds.
(5)Apprentice positions of a limited, temporary nature.
(6)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
(c)(1)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 10.Section 88105 of the Education Code is amended to read:88105.(a)Whenever the appointing power requires the appointment of a limited-term employee to a position, the duration of which is not to exceed six consecutive months in a single college year, or, in case of an appointment of a substitute employee in lieu of a temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee, the appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single college year, and the community college district may not employ a limited-term employee in subsequent college years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the community college district a discrete service, the duration of which is not to exceed six consecutive months in a single college year, if upon the completion of the discrete service, as a similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 11.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The governing board of any school district shall employ persons for positions not requiring certification qualifications. The governing board has a mandatory duty to classify, and shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b)(1)Substitute employees, employed and paid for less than 75 percent of a single school year, and short-term employees, employed and paid for less than 75 percent of a single school year, shall not be a part of the classified service.
(2)Apprentices and professional experts employed on a limited, temporary basis for a specific project, regardless project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service.
(3)Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds, shall not be a part of the classified service.
(4)Part-time playground positions shall not be a part of the classified service, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered a part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
(d)As used in this section:
(1)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(1)Seventy-five percent of a single school year means 195 working days of a single school year, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.
(2)Short-term employee means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 45101, and shall certify the ending date starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year, and the district shall not employ a short-term employee in subsequent school years to perform the same or similar services.
(3)Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation and other leaves of absence, irrespective of number of hours worked per day.
(3)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(e)Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(f)This section shall apply only to districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
SEC. 2.Section 45103.1 of the Education Code is amended to read:45103.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that:
(A)In comparing costs, there shall be included the school districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the school districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut school district pay rates.
(3)The contract does not cause the displacement of school district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the school district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the school district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single school year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee nonemployee contractor shall be determined by the district. The frequency of appointment, length of employment, contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments as nonemployee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for school district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed.
(7)The services are of such an nature of the services, objectively determined, is so urgent, temporary, or occasional nature that the delay incumbent in their the implementation of those services under the districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a school district under this section is limited to 60 working days of a single school year.
(c)This section shall apply to all school districts, including districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 3.Section 45104 of the Education Code is amended to read:45104.Every (a)A school district has a mandatory duty to classify, and shall classify, every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service according to the provisions of pursuant to Section 45103 or 45256 shall be classified, as required by those sections and. These positions shall be a part of the classified service. Such These positions may shall not be designated as certificated nor shall certificated, the assignment of a title to any such a position shall not remove the position from the classified service, nor shall and possession of a certification document shall not be made a requirement for employment in any such the position.
(b)A school district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 45103.1.
Nothing
(c)Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position.
(d)An employee of a school district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a school district under subdivision (a) of Section 45103 subdivision (a) of Section 45286, or this section, or to compel a school district to classify an employee or position as required by those provisions.
This
(e)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter 45240).
SEC. 4.Section 45256 of the Education Code is amended to read:45256.(a)The commission has a mandatory duty to classify, and shall classify, all employees and positions within the jurisdiction of the governing board or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)All of the following are exempt from the classified service:
(1)Positions which require certification qualifications.
(2)Full-time students employed part time.
(3)Part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds.
(4)Apprentice positions of a limited, temporary nature.
(5)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
(6)Part-time playground positions, where the employee is not otherwise employed in a classified position. Part-time playground positions shall be considered part of the classified service when the employee in the position also works in the same school district in a classified position.
(c)(1)Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 5.Section 45286 of the Education Code is amended to read:45286.(a)Whenever the appointing power shall require the appointment of a person limited-term employee to a position, the duration of which is not to exceed six months, consecutive months in a single school year, or, in case of an appointment of a substitute employee in lieu of an a temporarily absent employee, the duration of which is not to exceed the authorized absence of said that employee, the appointing power shall submit have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. Eligibles For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single school year, and the school district may not employ a limited-term employee in subsequent school years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such that position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position must shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the school district a discrete service, the duration of which is not to exceed six consecutive months in a single school year, if upon the completion of the discrete service, no similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 6.Section 88003 of the Education Code is amended to read:88003.The (a)The governing board of any community college district shall employ persons for positions that are not academic positions. The governing board, except where Article 3 (commencing with Section 88060) or Section 88137 applies, has a mandatory duty to classify, and shall classify, all those employees and positions. The employees and positions shall be known as the classified service. Substitute employees, employed and paid for less than 75 percent of a single college year, and short-term employees, employed and paid for less than 75 percent of a single college year, shall not be a part of the classified service. Part-time playground positions, apprentices apprentices, and professional experts employed on a limited, temporary basis for a specific project, regardless project that is not an ongoing district venture, irrespective of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in any college work-study program, or in a work experience education program conducted by a community college district and which is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board, except as authorized by this section.
Substitute employee, as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(b)As used in this section:
(1)Seventy-five percent of a single college year means 195 working days of a single college year, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.
Short-term
(2)Short-term employee, as used in this section, means any person who is employed to perform a discrete service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing or recurring basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of classification in subdivision (a) of Section 88001, and shall certify the ending date starting and ending dates of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a single school year, and the district shall not employ a short-term employee in subsequent college years to perform the same or similar services.
Seventy-five percent of a college year means 195 working days, including holidays, sick leave, vacation and other leaves of absences, irrespective of number of hours worked per day.
(3)Substitute employee, as used in this section, means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
Employment
(c)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
This
(d)This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
SEC. 7.Section 88003.1 of the Education Code is amended to read:88003.1.(a)Notwithstanding any other provision of this chapter, personal services contracting with nonemployee contractors for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:
(1)The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that:
(A)In comparing costs, there shall be included the community college districts additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.
(B)In comparing costs, there shall not be included the community college districts indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.
(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractors wages are at the industrys level and do not undercut community college district pay rates.
(3)The contract does not cause the displacement of community college district employees. The term displacement includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.
(4)The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period.
(5)The amount of savings clearly justify the size and duration of the contracting agreement.
(6)The contract is awarded through a publicized, competitive bidding process.
(7)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractors hiring practices meet applicable nondiscrimination standards.
(8)The potential for future economic risk to the community college district from potential contractor rate increases is minimal.
(9)The contract is with a firm. A firm means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.
(10)The potential economic advantage of contracting is not outweighed by the publics interest in having a particular function performed directly by the community college district.
(b)Notwithstanding any other provision of this chapter, personal services contracting for nonemployee contractors shall also be permissible when any of the following conditions can be met:
(1)The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.
(2)The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district.
(3)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as service agreements, shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.
(4)The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.
(5)The nature of the work is such that the criteria for emergency appointments apply. Emergency appointment means an appointment made for a period not to exceed 60 working days of a single college year either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee nonemployee contractor shall be determined by the community college district. The frequency of appointment, length of employment, contract, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments of non-employee contractors shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process for community college district employees.
(6)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed.
(7)The services are of such an nature of the services, objectively determined, is so urgent, temporary, or occasional nature that the delay incumbent in their the implementation of those services under the community college districts regular or ordinary hiring process would frustrate their very purpose, therefore requiring the use of nonemployee contractors. The use of any nonemployee contractor by a community college district under this section is limited to 60 working days of a single college year.
(c)This section shall apply to all community colleges, including community college districts that have adopted the merit system.
(d)This section shall apply to nonemployee personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.
SEC. 8.Section 88004 of the Education Code is amended to read:88004.Every (a)A community college district has a mandatory duty to classify, and shall classify, every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service according to the provisions of pursuant to Section 88003 or 88076 shall be classified, as required by those sections and sections. These positions shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district, nor shall the assignment of a title to any such a position remove the position from the classified service.
(b)A community college district has a mandatory duty to classify, and shall classify, each position held by a nonemployee contractor in accordance with Section 88003.1.
Nothing
(c)Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position.
(d)An employee of a community college district, or the exclusive representative of such an employee within the meaning of Section 3543.8 of the Government Code, may bring an action to challenge the classification of an employee or position by a community college district under subdivision (a) of Section 88003, subdivision (a) of Section 88076, or this section, or to compel a community college district to classify an employee or position as required by those provisions.
This
(e)This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter.
SEC. 9.Section 88076 of the Education Code is amended to read:88076.(a)The commission has a mandatory duty to classify, and shall classify all employees and positions within the jurisdiction of the governing board or of the commission, except those which are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. To classify shall include, but not necessarily be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications.
(b)The following positions and employees are exempt from the classified service:
(1)Academic positions.
(2)Part-time playground positions.
(3)Full-time students employed part time.
(4)Part-time students employed part time in any college work-study program or in a work experience education program conducted by a community college which is financed by state or federal funds.
(5)Apprentice positions of a limited, temporary nature.
(6)Positions established for the employment of professional experts on a limited, temporary basis for a specific project that is not an ongoing district venture by the governing board or by the commission when so designated by the commission.
Employment
(c)(1)Employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
However, nothing
(2)Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law.
No
(d)No person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall be employed outside the classified service.
A
(e)A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service.
SEC. 10.Section 88105 of the Education Code is amended to read:88105.(a)Whenever the appointing power requires the appointment of a person limited-term employee to a position, the duration of which is not to exceed six months, consecutive months in a single college year, or, in case of an appointment of a substitute employee in lieu of an a temporarily absent employee, the duration of which is not to exceed the authorized absence of that employee, he or she the appointing power shall have a ministerial duty to appoint the substitute or limited-term employee to the position subject to the requirements of this section.
(b)For substitute employees, the appointing power shall submit a request in which the probable duration of the appointment is stated. Eligible For limited-term employees, the appointing power shall submit a request certifying the starting and ending dates of the service for the position. The ending date for a limited-term employee may be advanced or delayed by the appointing power, but the term shall not extend beyond six consecutive months in a single college year, and the community college district may not employ a limited-term employee in subsequent college years to perform the same or similar services.
(c)Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term or substitute employees. Limited-term and substitute employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position shall be related to the emergency.
(d)As used in this section:
(1)Limited-term employee means any person who is employed to perform for the community college district a discrete service, the duration of which is not to exceed six consecutive months in a single college year, if upon the completion of the discrete service, as similar service shall be needed on a continuing or recurring basis.
(2)Substitute employee means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
SEC. 11.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Aug 18, 2016 | Read second time. Ordered to third reading. |
| Jun 15, 2016 | Withdrawn from committee. |
| Jun 16, 2016 | Re-referred to Com. on L. & I.R. |
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 29). Re-referred to Com. on APPR. |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Aug 11, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (August 11). |
| Aug 15, 2016 | Read second time. Ordered to third reading. |
| Aug 17, 2016 | Read third time and amended. Ordered to second reading. |
| Jun 15, 2016 | Re-referred to Com. on RLS. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 5230.). |
| Aug 23, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 44. Noes 32. Page 6333.). |
| Aug 31, 2016 | Enrolled and presented to the Governor at 11 a.m. |
| Sep 12, 2016 | Approved by the Governor. |
| Sep 12, 2016 | Chaptered by Secretary of State - Chapter 313, Statutes of 2016. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
| Mar 19, 2015 | Referred to Coms. on P.E., R., & S.S. and HIGHER ED. |
| Apr 6, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended. |
| Apr 7, 2015 | Re-referred to Com. on P.E., R., & S.S. |
| Apr 8, 2015 | From committee: Do pass and re-refer to Com. on HIGHER ED. (Ayes 6. Noes 0.) (April 8). Re-referred to Com. on HIGHER ED. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (April 28). Re-referred to Com. on APPR. |
| May 14, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| May 18, 2015 | Re-referred to Com. on APPR. |
| Feb 26, 2015 | Read first time. To print. |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 28, 2015 | From committee: Do pass. (Ayes 12. Noes 5.) (May 28). |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 25. Page 1787.) |
| Jun 11, 2015 | Referred to Com. on ED. |
| Jun 14, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2016 | AB 1066 GONZALEZ Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2016 | AB 1066 GONZALEZ Concurrence in Senate Amendments Motion to Re-refer to Committee By OBERNOLTE | Assembly Floor |
Failed |
|
| Aug 29, 2016 | AB 1066 GONZALEZ Concurrence in Senate Amendments Motion to Appeal the Decision of the Chair By WAGNER | Assembly Floor |
Failed |
|
| Aug 22, 2016 | Assembly 3rd Reading AB1066 Gonzalez By De León | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| Jun 2, 2015 | AB 1066 GONZALEZ Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
|
| Apr 8, 2015 | Do pass and be re-referred to the Committee on [Higher Education] | Assembly Standing Committee on Public Employees, Retirement, and Social Security |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| African American Farmers of California | ** Against | Aug 22, 2016 |
| Agricultural Council Of California | ** Against | Aug 22, 2016 |
| Alameda Labor Council | ** Support | Aug 22, 2016 |
| Alhambra Chamber of Commerce | ** Against | Aug 22, 2016 |
| Alliance San Diego | ** Support | Aug 22, 2016 |
| Almond Hullers & Processors Association | ** Against | Aug 22, 2016 |
| American Civil Liberties Union of California | ** Support | Aug 22, 2016 |
| American Federation of State, County and Municipal Employees | ** Support | Aug 22, 2016 |
| Amigos de los Rios | ** Support | Aug 22, 2016 |
| Asian Americans Advancing Justice - California | ** Support | Aug 22, 2016 |
| Asian Americans Advancing Justice-California | ** Support | Aug 22, 2016 |
| Association Of California Egg Farmers | ** Against | Aug 22, 2016 |
| Audubon California | ** Support | Aug 22, 2016 |
| Azul | ** Support | Aug 22, 2016 |
| California Agricultural Aircraft Association | ** Against | Aug 22, 2016 |
| California Association of Ag and Labor | ** Against | Aug 22, 2016 |
| California Association of Nurseries & Garden Centers | ** Against | Aug 22, 2016 |
| California Association Of Wheat Growers | ** Against | Aug 22, 2016 |
| California Association Of Winegrape Growers | ** Against | Aug 22, 2016 |
| California Blueberry Association | ** Against | Aug 22, 2016 |
| California Catholic Conference | ** Support | Aug 22, 2016 |
| California Cattlemen'S Association | ** Against | Aug 22, 2016 |
| California Chamber Of Commerce | ** Against | Aug 22, 2016 |
| California Citrus Mutual | ** Against | Aug 22, 2016 |
| California Coastal Protection Network | ** Support | Aug 22, 2016 |
| California Cotton Ginners Association | ** Against | Aug 22, 2016 |
| California Cotton Growers Association | ** Against | Aug 22, 2016 |
| California Dairies | ** Against | Aug 22, 2016 |
| California Employment Lawyers Association | ** Support | Aug 22, 2016 |
| California Environmental Justice Alliance | ** Support | Aug 22, 2016 |
| California Farm Bureau Federation | ** Against | Aug 22, 2016 |
| California Federation Of Teachers | * Support | Apr 28, 2015 |
| California Federation Of Teachers | * Indeterminate | Apr 28, 2015 |
| California Fresh Fruit Association | ** Against | Aug 22, 2016 |
| California Immigrant Policy Center | ** Support | Aug 22, 2016 |
| California Labor Federation, Afl-Cio | * Indeterminate | Apr 28, 2015 |
| California League Of Conservation Voters | ** Support | Aug 22, 2016 |
| California League of Food Processors | ** Against | Aug 22, 2016 |
| California Pear Growers Association | ** Against | Aug 22, 2016 |
| California Producer Handler-Association | ** Against | Aug 22, 2016 |
| California Rural Legal Assistance Foundation, Inc. | ** Support | Aug 22, 2016 |
| California Seed Association | ** Against | Aug 22, 2016 |
| California State Floral Association | ** Against | Aug 22, 2016 |
| California State Treasurer John Chiang | ** Support | Aug 22, 2016 |
| California State Treasurer, John Chiang | ** Support | Aug 22, 2016 |
| California Teachers Association | ** Support | Aug 22, 2016 |
| California Tomato Growers Association | ** Against | Aug 22, 2016 |
| California Trucking Association | ** Against | Aug 22, 2016 |
| Center For Biological Diversity, Inc. | ** Support | Aug 22, 2016 |
| Center For Environmental Health | ** Support | Aug 22, 2016 |
| Center of Policy Initiatives | ** Support | Aug 22, 2016 |
| Center on Race, Poverty & the Environment | ** Support | Aug 22, 2016 |
| Coalition for Humane Immigrant Rights of Los Angeles | ** Support | Aug 22, 2016 |
| Coastal Environmental Rights Foundation | ** Support | Aug 22, 2016 |
| Committees for Land, Air, Water and Species | ** Support | Aug 22, 2016 |
| Community Alliance With Family Farmers | ** Against | Aug 22, 2016 |
| Consumer Attorneys Of California | ** Support | Aug 22, 2016 |
| Courage Campaign | ** Support | Aug 22, 2016 |
| Dolores Huerta Foundation | ** Support | Aug 22, 2016 |
| Don Saylor, Yolo County Supervisor | ** Support | Aug 22, 2016 |
| Endangered Habitats League | ** Support | Aug 22, 2016 |
| Environment California | ** Support | Aug 22, 2016 |
| Environmental Center of San Diego | ** Support | Aug 22, 2016 |
| Equality California | ** Support | Aug 22, 2016 |
| Faculty Association Of California Community Colleges | * Support | Apr 28, 2015 |
| Faculty Association Of California Community Colleges | * Indeterminate | Apr 28, 2015 |
| Family Winemakers Of California | ** Against | Aug 22, 2016 |
| Far West Equipment Dealers Association | ** Against | Aug 22, 2016 |
| Farmworker Justice | ** Support | Aug 22, 2016 |
| Food Empowerment Project | ** Support | Aug 22, 2016 |
| Friends Committee on Legislation | ** Support | Aug 22, 2016 |
| Gilroy Chamber of Commerce | ** Against | Aug 22, 2016 |
| Kern, Inyo, and Mono Counties Central Labor Council | ** Support | Aug 22, 2016 |
| la Cooperativa Campesina de California | ** Support | Aug 22, 2016 |
| Latino Coalition for a Healthy California | ** Support | Aug 22, 2016 |
| League of United Latin American Citizens-California Chapter | ** Support | Aug 22, 2016 |
| Lodi Chamber of Commerce | ** Against | Aug 22, 2016 |
| Lutheran Office of Public Policy CA | ** Support | Aug 22, 2016 |
| Mayor Eric Garcetti, City of Los Angeles | ** Support | Aug 22, 2016 |
| Mexican American Legal Defense and Educational Fund | ** Support | Aug 22, 2016 |
| Mexican American Legal Defense and Education Fund | ** Support | Aug 22, 2016 |
| Milk Producers Council | ** Against | Aug 22, 2016 |
| National Association for the Advancement of Colored People-California | ** Support | Aug 22, 2016 |
| National Association of Social Workers - California Chapter | ** Support | Aug 22, 2016 |
| National Association of Social Workers-California Chapter | ** Support | Aug 22, 2016 |
| National Federation Of Independent Business | ** Against | Aug 22, 2016 |
| Natural Resources Defense Council | ** Support | Aug 22, 2016 |
| Nisei Farmers League | ** Against | Aug 22, 2016 |
| Pesticide Action Network | ** Support | Aug 22, 2016 |
| Progressive Women of Napa Valley | ** Support | Aug 22, 2016 |
| Religious Action Center of Reform Judaism | ** Support | Aug 22, 2016 |
| Sacramento Central Labor Council | ** Support | Aug 22, 2016 |
| Sacramento Jewish Community Relations Council | ** Support | Aug 22, 2016 |
| San Diego County Office of Education | ** Support | Apr 28, 2015 |
| Save Our Shores | ** Support | Aug 22, 2016 |
| Sierra Club California | ** Support | Aug 22, 2016 |
| Southern California Watershed Alliance | ** Support | Aug 22, 2016 |
| Student Center for California Community Colleges | * Indeterminate | Apr 28, 2015 |
| The President of San Ysidro School District | ** Support | Apr 28, 2015 |
| Trust For Public Land, The | ** Support | Aug 22, 2016 |
| United Farm Workers | ** Support | Aug 22, 2016 |
| United Food & Commercial Workers Union-Western States Council | ** Support | Aug 22, 2016 |
| Voices for Progress | ** Support | Aug 22, 2016 |
| Western Agricultural Processors Association | ** Against | Aug 22, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 22, 2016 |
| Western Growers Association | ** Against | Aug 22, 2016 |
| Western Plant Health Association | ** Against | Aug 22, 2016 |
| Western United Dairymen | ** Against | Aug 22, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1066
Author:(Gonzalez, et al.)
As Amended Ver:August 17, 2016
Majority vote
ASSEMBLY: |
| (June 2, 2015) | SENATE: | 21-14 | (August 22, 2016) |
(Vote not relevant)
Original Committee Reference: P.E.,R. & S.S.
SUMMARY: Enacts the Phase-In Overtime for Agricultural Workers Act of 2016, as specified.
The Senate amendments delete the contents of the bill and instead:
- Provide that, beginning July 1, 2019, any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. This requirement shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
- Provide that, beginning January 1, 2020, any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. This requirement shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
- Provide that, beginning January 1, 2021, any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. This requirement shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
- Provide that, beginning January 1, 2022, any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. This requirement shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
- Provide that the term "employed in an agricultural occupation" has the same meaning as in a specified Wage Order of the Industrial Welfare Commission.
- Provide that, beginning January 1, 2022, any work performed by a person employed in an agricultural occupation in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee's regular rate of pay. This requirement shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
- Provide that all other provisions of existing law regarding compensation for overtime work shall apply to workers in an agricultural occupation beginning January 1, 2017.
- Beginning in 2018, authorize the Governor to temporarily suspend the scheduled phase-in of overtime requirements set forth above if the Governor suspends scheduled minimum wage increases for specified "economic conditions" under provisions of law enacted this year pursuant to SB 3 (Leno), Chapter 4, Statutes of 2016. This authority shall end upon the final phase-in of overtime provisions or January 1, 2025, whichever comes first.
- Require the Department of Industrial Relations to update Industrial Welfare Commission Wage Order 14 to be consistent with this bill, except that any provisions of existing law applicable to persons employed in agriculture providing greater protections or benefits to agricultural employees shall continue in full force and effect.
- Make related legislative findings and declarations.
FISCAL EFFECT: According to the Senate Appropriations Committee, the Department of Industrial Relations indicates that it would incur administrative costs of in the range of $326,000 to $586,000 in the first year and $311,000 to $563,000 annually thereafter.
COMMENTS: This bill is sponsored by the United Farm Workers (UFW), who argues that farm workers engage in back-breaking work every day. Few occupations in today's America are as physically demanding and exhausting as farm work. Yet no job in America requiring such demand on the human body pays less for a long day's work than what this bill is asking for farm workers.
UFW states that is has been 77 years since farm workers were excluded from the wage protections and maximum hour standards through the enactment of the federal Fair Labor Standards Act. Excluding farm workers is part of our country's shameful legacy that initially targeted African-Americans who were farm workers in the 1930s. They argue that excluding farm workers from overtime was wrong in 1938, and is wrong today.
A coalition of agricultural employers and others opposes this bill, arguing that, because farmers, their employees and their operations are critically affected by the uncontrollable whims of nature and the seasonality of agricultural production, agriculture needs greater flexibility in scheduling work than do other industries. Opponents note that California is one of only a few states that require premium pay for overtime worked by farm workers. California's regulation is one of the most generous in its coverage and requires agricultural workers receive overtime pay for hours worked over 10 in a workday.
Opponents also believe this bill will backfire, hurting family farmers and cutting agricultural workers' paychecks. They contend that farmers will likely avoid the additional costs imposed by this bill by limiting worker hours and hiring more farm workers to make up the difference whenever possible.
This bill is similar to AB 2757 (Gonzalez), which failed passage on the Assembly Floor earlier this year.
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0004404
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1066
:
PRIOR VOTES NOT RELEVANT
SENATE LABOR & IND. REL. COMMITTEE: 4-1, 6/29/16
AYES: Mendoza, Jackson, Leno, Mitchell
NOES: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
DIGEST: This bill removes an exemption in current law that would extend the payment of overtime compensation to agricultural employees after eight hours of work in a day or 40 in a week in a phased in implementation.
Senate Floor Amendments of 8/17/16 delay implementation of these provisions for small businesses of 25 or fewer employees by three years; and specify that the Governor’s authority to suspend the scheduled overtime phase in will end upon the phase in completion, previously in the bill, or January 1, 2025.
Existing law:
- Defines a full workday as eight hours, and 40 hours as a workweek. Overtime wage rates must be paid for time worked beyond eight a day and 40 a week.
- Requires, with some exceptions, the payment of overtime as follows:
- Work in excess of eight hours a day and over 40 hours a workweek, and the first eight hours on the 7th day in a workweek shall be compensated at the rate of no less than 1 ½ times the regular rate of pay.
- Work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay.
- Work in excess of eight hours on any 7th day of a workweek shall be compensated at no less than twice the regular rate of pay.
- Specifies that every person employed in any occupation of labor is entitled to one day’s rest in seven and no employer shall cause his/her employees to work more than six days in seven.
- Provides that employers who violate these provisions are guilty of a misdemeanor.
- Exempts any person employed in an agricultural occupation from all these provisions. (Labor Code §554)
- Establishes the Industrial Welfare Commission (IWC) to adopt or amend working condition orders consistent with existing law.
- Provides that, under the IWC Wage Order 14, employees working in an agricultural occupation, as defined, are entitled to overtime as follows:
- Any work in excess of 10 hours in any one workday or more than six days in any workweek, and the first eight hours worked on the 7th day must be paid at 1 ½ times the employee’s regular rate of pay;
- All hours worked over eight on the 7th day of work must be paid at double the employee’s regular rate of pay.
This bill:
- Provides that, beginning January 1, 2019, any person employed in an agricultural occupation shall not be employed more than 9 ½ hours in any one workday or more than 55 hours in any one workweek, unless he/she receives 1½ times that employee's regular rate of pay for all hours worked over 9 ½ in a workday or over 55 in a week. Employers of 25 or fewer employees commencing January 1, 2022.
- Provides that, beginning January 1, 2020, any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or more than 50 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over nine in a workday or over 50 in a week. Employers of 25 or fewer employees commencing January 1, 2023.
- Provides that, beginning January 1, 2021, any person employed in an agricultural occupation shall not be employed more than 8 ½ hours in any one workday or more than 45 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 ½ in a workday or over 45 in a week. Employers of 25 or fewer employees commencing January 1, 2024.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or more than 40 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over eight in a workday or over 40 in a week. Employers of 25 or fewer employees commencing January 1, 2025.
- Provides that the term “employed in an agricultural occupation” has the same meaning as the IWC wage order definition for Agricultural Occupations.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation who works in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee's regular pay rate. Employers of 25 or fewer employees commencing January 1, 2025.
- Provides that, except as specified, all other provisions of existing law regarding compensation for overtime work shall apply to workers in an agricultural occupation beginning January 1, 2017.
- Authorizes the Governor to temporarily suspend the scheduled phase-in of overtime requirements set forth above if the Governor suspends scheduled minimum wage increases for specified "economic conditions" under provisions of law enacted this year pursuant to SB 3 (Leno, Chapter 4, Statutes of 2016).
- Requires, if the Governor makes a determination to temporarily suspend the scheduled overtime phase in, all implementation dates to be postponed by an additional year. This authority shall end upon the final phase-in of overtime provisions, but not later than January 1, 2022.
- Specifies that the Governor’s authority to suspend the scheduled overtime requirements shall end upon the phase in completion, as specified, or January 1, 2025, whichever occurs first.
- Requires the Department of Industrial Relations (DIR) to update IWC Wage Order 14 to be consistent with the requirements in this bill, except that any existing provisions providing greater protections or benefits to agricultural employees shall continue in full force and effect.
- Makes related legislative findings and declarations.
Background
In 1938, Congress passed the Fair Labor Standards Act (FLSA), which established minimum requirements for labor laws in all states. The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. The overtime provisions of the FLSA were not extended to agricultural employees. However, as with all provisions with the FLSA, states are allowed to exceed the requirements laid out in the federal law.
The issue of overtime for agricultural employees in California was first dealt with in 1941. Previously, the law had been silent on this subject. But, in 1941, the Legislature exempted all agricultural employees from the statutory requirements of overtime, similar to the FLSA. This statutory exemption was retained when the eight-hour day was codified in 1999.
This statutory exemption, however, did not prohibit the IWC from legally promulgating overtime provisions beyond the traditional eight-hour standard of California law. Currently, the applicable wage order for agricultural employees requires the payment of overtime wages when an agricultural employee works longer than 10 hours in a single day, and more than six days during any workweek.
Related/Prior Legislation
AB 2757 (Gonzalez, 2016) was almost identical to this bill and failed passage on the Assembly Floor. The contents of AB 2757 were amended into this bill (AB 1066) and additionally added co-authors and clarified that any provisions of the existing IWC Wage Order for Agricultural Occupations that provide greater protections or benefits shall continue in full force and effect.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, the DIR indicates that it would incur administrative costs in the range of $326,000 to $586,000 in the first year, and $311,000 to $563,000 annually thereafter (Labor Enforcement and Compliance Fund).
United Farm Workers (source)
California State Treasurer John Chiang
Alameda Labor Council
Alliance San Diego
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Amigos de los Rios
Asian Americans Advancing Justice-California
Audubon California
Azul
California Catholic Conference
California Coastal Protection Network
California Employment Lawyers Association
California Environmental Justice Alliance
California Immigrant Policy Center
California Labor Federation
California League of Conservation Voters
California Rural Legal Assistance Foundation
California Teachers Association
Center for Biological Diversity
Center for Environmental Health
Center on Race, Poverty & the Environment
Coalition for Humane Immigrant Rights of Los Angeles
Coastal Environmental Rights Foundation
Committees for Land, Air, Water and Species
Consumer Attorneys of California
Courage Campaign
Dolores Huerta Foundation
Don Saylor, Yolo County Supervisor
Endangered Habitats League
Environment California
Environmental Center of San Diego
Equality California
Farmworker Justice
Food Empowerment Project
Friends Committee on Legislation
La Cooperativa Campesina de California
Latino Coalition for a Healthy California
League of United Latin American Citizens-California Chapter
Lutheran Office of Public Policy CA
Mayor Eric Garcetti, City of Los Angeles
Mexican American Legal Defense and Educational Fund
National Association for the Advancement of Colored People-California
National Association of Social Workers-California Chapter
Natural Resources Defense Council
Pesticide Action Network
Progressive Women of Napa Valley
Religious Action Center of Reform Judaism
Sacramento Central Labor Council
Sacramento Jewish Community Relations Council
Save Our Shores
Service Employees International Union
Sierra Club California
Southern California Watershed Alliance
The Center of Policy Initiatives
The Kern, Inyo, and Mono Counties Central Labor Council
The League of United Latin American Citizens California Chapters
Trust for Public Land
United Food & Commercial Workers Union-Western States Council
Voices for Progress
Western Center on Law and Poverty
OPPOSITION: (Verified 8/18/16)
African American Farmers of California
Agricultural Council of California
Alhambra Chamber of Commerce
Almond Hullers & Processors Association
Association of California Egg Farmers
California Agricultural Aircraft Association
California Association of Ag and Labor
California Association of Nurseries & Garden Centers
California Association of Wheat Growers
California Association of Wheat Growers
California Association of Winegrape Growers
California Blueberry Association
California Cattlemen’s Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Dairies, Inc.
California Farm Bureau Federation
California Fresh Fruit Association
California League of Food Processors
California Manufacturers & Technology Association
California Pear Growers Association
California Producer Handler-Association
California Seed Association
California State Floral Association
California Tomato Growers Association
California Trucking Association
Community Alliance with Family Farmers
Family Winemakers of California
Far West Equipment Dealers Association
Gilroy Chamber of Commerce
Lodi Chamber of Commerce
Milk Producers Council
National Federation of Independent Business
Nisei Farmers League
Ventura County Agricultural Processors Association
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Western United Dairymen
Wine Institute
ARGUMENTS IN SUPPORT: The author argues that even though California’s farmworkers perform some of the most physically-demanding jobs with pay and working conditions at levels that most Americans would not tolerate, they continue to be excluded from overtime laws enjoyed by most American workers. Proponents argue that this exclusion can no longer be justified or tolerated.
Proponents argue that California agriculture is a wealthy, mature industry that benefits from this unfair overtime exclusion subsidy that is no longer justified. They note that in its 2014 agricultural industry report, the California Department of Food and Agriculture found that the state’s 76,000+ farms and ranches had combined revenue of approximately $54 billion. Proponents argue that the agricultural industry has been profitable despite the fact that farmworkers are earning an annual average salary of $14,000, and roughly 30 percent of households with farmworker income are below the poverty line and 73 percent earn less than 200 percent of poverty (a threshold used in many public assistance programs). They argue that it is time for California to support and extend fair overtime compensation to hundreds and thousands of agricultural workers.
ARGUMENTS IN OPPOSITION: A coalition of California agricultural producers are opposed to this bill, arguing the following:
- This bill will hurt farmworkers: $1.5 billion in reduced wages; $4,500 in reduced income per farmworker; 16% reduction in farmworker income.
- This bill will hurt farm production: $5.4 billion loss in crop production; the removal of 1.25 million farmed acres; 7.2% decrease in crop production.
- This bill will hurt the economy: up to 78,000 lost farm, processing, transport, and support industry jobs; $7.8 billion in lost income statewide.
- Farmers in California must compete with farmers in other states and countries that already have far lower wage costs.
- California is already at a competitive disadvantage as it is one of only a few states that require any overtime pay for agricultural workers, and our requirement for daily overtime is already the most expensive. This bill will exacerbate this disadvantage.
Opponents also note that this bill cannot be viewed in isolation and argues that California saddles its farmers with the highest regulatory costs and compliance burdens in the nation. They argue that this bill will end up hitting many workers in their wallet as farmers may be forced to pay higher overtime costs during peak harvest, but for the tens of thousands of workers who are employed year round the pressures of cost avoidance will translate to fewer hours worked as farmers add additional employees to avoid overtime costs.
8/19/16 15:26:41
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1066
:
SENATE LABOR & IND. REL. COMMITTEE: 4-1, 6/29/16
AYES: Mendoza, Jackson, Leno, Mitchell
NOES: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 54-25, 6/2/15 - See last page for vote
DIGEST: This bill removes an exemption in current law that would extend the payment of overtime compensation to agricultural employees after eight hours of work in a day or 40 in a week in a phased in implementation.
Existing law:
- Defines a full workday as eight hours, and 40 hours as a workweek. Overtime wage rates must be paid for any time worked beyond eight a day and 40 a week.
- Requires, with some exceptions, the payment of overtime as follows:
- Work in excess of eight hours a day and over 40 hours a workweek, and the first eight hours on the 7th day in a workweek shall be compensated at the rate of no less than 1 ½ times the regular rate of pay.
- Work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay.
- Work in excess of eight hours on any 7th day of a workweek shall be compensated at no less than twice the regular rate of pay.
- Specifies that every person employed in any occupation of labor is entitled to one day’s rest in seven and no employer shall cause his/her employees to work more than six days in seven.
- Provides that employers who violate these provisions are guilty of a misdemeanor.
- Exempts any person employed in an agricultural occupation from all these provisions. (Labor Code §554)
- Establishes the Industrial Welfare Commission (IWC) to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in the State consistent with existing law.
- Provides that, under the IWC Wage Order 14, employees working in an agricultural occupation, as defined, are entitled to overtime compensation as follows:
- Any work in excess of 10 hours in any one workday or more than six days in any workweek, and the first eight hours worked on the 7th day must be paid at 1 ½ times the employee’s regular rate of pay;
- All hours worked over eight on the 7th day of work must be paid at double the employee’s regular rate of pay.
This bill:
- Provides that, beginning January 1, 2019, any person employed in an agricultural occupation shall not be employed more than 9 ½ hours in any one workday or more than 55 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 9 ½ in a workday or over 55 in a week.
- Provides that, beginning January 1, 2020, any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or more than 50 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over nine in a workday or over 50 in a week.
- Provides that, beginning January 1, 2021, any person employed in an agricultural occupation shall not be employed more than 8 ½ hours in any one workday or more than 45 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 ½ in a workday or over 45 in a week.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or more than 40 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over eight in a workday or over 40 in a week.
- Provides that the term “employed in an agricultural occupation” has the same meaning as the term found in the IWC wage order for Agricultural Occupations.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation who works in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee's regular rate of pay.
- Provides that all other provisions of existing law regarding compensation for overtime work shall apply to workers in an agricultural occupation beginning January 1, 2019.
- Authorizes the Governor to temporarily suspend the scheduled phase-in of overtime requirements set forth above if the Governor suspends scheduled minimum wage increases for specified "economic conditions" under provisions of law enacted this year pursuant to SB 3 (Leno, Chapter 4, Statutes of 2016).
- Requires, if the Governor makes such a determination, all implementation dates to be postponed by an additional year. This authority shall end upon the final phase-in of overtime provisions, but not later than January 1, 2022.
- Requires the Department of Industrial Relations (DIR) to update IWC Wage Order 14 to be consistent with the requirements in this bill, except that any existing provisions providing greater protections or benefits to agricultural employees shall continue in full force and effect.
- Makes related legislative findings and declarations.
Background
In 1938, Congress passed the Fair Labor Standards Act (FLSA), which established minimum requirements for labor laws in all states. The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. The overtime provisions of the FLSA were not extended to agricultural employees. However, as with all provisions with the FLSA, states are allowed to exceed the requirements laid out in the federal law.
The issue of overtime for agricultural employees in California was first dealt with in 1941. Previously, the law had been silent on this subject. But, in 1941, the Legislature exempted all agricultural employees from the statutory requirements of overtime, similar to the FLSA. This statutory exemption was retained when the eight-hour day was codified in 1999.
This statutory exemption, however, did not prohibit the IWC from legally promulgating overtime provisions beyond the traditional eight-hour standard of California law. Currently, the applicable wage order for agricultural employees requires the payment of overtime wages when an agricultural employee works longer than 10 hours in a single day, and more than six days during any workweek.
Related/Prior Legislation
AB 2757 (Gonzalez, 2016) was almost identical to this bill and failed passage on the Assembly Floor. The contents of AB 2757 were amended into this bill (AB 1066) and additionally added co-authors and clarified that any provisions of the existing IWC Wage Order for Agricultural Occupations that provide greater protections or benefits shall continue in full force and effect.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, the DIR indicates that it would incur administrative costs in the range of $326,000 to $586,000 in the first year, and $311,000 to $563,000 annually thereafter (Labor Enforcement and Compliance Fund).
United Farm Workers (source)
California State Treasurer John Chiang
Alameda Labor Council
Alliance San Diego
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Amigos de los Rios
Asian Americans Advancing Justice-California
Audubon California
Azul
California Catholic Conference
California Coastal Protection Network
California Employment Lawyers Association
California Environmental Justice Alliance
California Immigrant Policy Center
California Labor Federation
California League of Conservation Voters
California Rural Legal Assistance Foundation
California Teachers Association
Center for Biological Diversity
Center for Environmental Health
Center on Race, Poverty & the Environment
Coalition for Humane Immigrant Rights of Los Angeles
Coastal Environmental Rights Foundation
Committees for Land, Air, Water and Species
Consumer Attorneys of California
Courage Campaign
Dolores Huerta Foundation
Don Saylor, Yolo County Supervisor
Endangered Habitats League
Environment California
Environmental Center of San Diego
Equality California
Farmworker Justice
Food Empowerment Project
Friends Committee on Legislation
La Cooperativa Campesina de California
Latino Coalition for a Healthy California
League of United Latin American Citizens-California Chapter
Lutheran Office of Public Policy CA
Mayor Eric Garcetti, City of Los Angeles
Mexican American Legal Defense and Educational Fund
National Association for the Advancement of Colored People-California
National Association of Social Workers-California Chapter
Natural Resources Defense Council
Pesticide Action Network
Progressive Women of Napa Valley
Religious Action Center of Reform Judaism
Sacramento Central Labor Council
Sacramento Jewish Community Relations Council
Save Our Shores
Service Employees International Union
Sierra Club California
Southern California Watershed Alliance
The Center of Policy Initiatives
The Kern, Inyo, and Mono Counties Central Labor Council
The League of United Latin American Citizens California Chapters
Trust for Public Land
United Food & Commercial Workers Union-Western States Council
Voices for Progress
Western Center on Law and Poverty
OPPOSITION: (Verified 8/12/16)
Agricultural Council of California
Alhambra Chamber of Commerce
Almond Hullers & Processors Association
Association of California Egg Farmers
California Agricultural Aircraft Association
California Association of Ag and Labor
California Association of Nurseries & Garden Centers
California Association of Wheat Growers
California Association of Winegrape Growers
California Blueberry Association
California Cattlemen’s Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Dairies, Inc.
California Farm Bureau Federation
California Fresh Fruit Association
California League of Food Processors
California Manufacturers & Technology Association
California Pear Growers Association
California Producer Handler-Association
California Seed Association
California State Floral Association
California Tomato Growers Association
California Trucking Association
Community Alliance with Family Farmers
Family Winemakers of California
Far West Equipment Dealers Association
Gilroy Chamber of Commerce
Lodi Chamber of Commerce
Milk Producers Council
National Federation of Independent Business
Nisei Farmers League
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Western United Dairymen
Wine Institute
ARGUMENTS IN SUPPORT: The author argues that even though California’s farmworkers perform some of the most physically-demanding jobs with pay and working conditions at levels that most Americans would not tolerate, they continue to be excluded from overtime laws enjoyed by most American workers. Proponents argue that this exclusion can no longer be justified or tolerated.
Proponents argue that California agriculture is a wealthy, mature industry that benefits from this unfair overtime exclusion subsidy that is no longer justified. They note that in its 2014 agricultural industry report, the California Department of Food and Agriculture found that the state’s 76,000+ farms and ranches had combined revenue of approximately $54 billion. Proponents argue that the agricultural industry has been profitable despite the fact that farmworkers are earning an annual average salary of $14,000, and roughly 30 percent of households with farmworker income are below the poverty line and 73 percent earn less than 200 percent of poverty (a threshold used in many public assistance programs). They argue that it is time for California to support and extend fair overtime compensation to hundreds and thousands of agricultural workers.
ARGUMENTS IN OPPOSITION: A coalition of California agricultural producers are opposed to this bill, arguing the following:
- This bill will hurt farmworkers: $1.5 billion in reduced wages; $4,500 in reduced income per farmworker; 16% reduction in farmworker income.
- This bill will hurt farm production: $5.4 billion loss in crop production; the removal of 1.25 million farmed acres; 7.2% decrease in crop production.
- This bill will hurt the economy: up to 78,000 lost farm, processing, transport, and support industry jobs; $7.8 billion in lost income statewide.
- Farmers in California must compete with farmers in other states and countries that already have far lower wage costs.
- California is already at a competitive disadvantage as it is one of only a few states that require any overtime pay for agricultural workers, and our requirement for daily overtime is already the most expensive. This bill will exacerbate this disadvantage.
Opponents also note that this bill cannot be viewed in isolation and argues that California saddles its farmers with the highest regulatory costs and compliance burdens in the nation. They argue that this bill will end up hitting many workers in their wallet as farmers may be forced to pay higher overtime costs during peak harvest, but for the tens of thousands of workers who are employed year round the pressures of cost avoidance will translate to fewer hours worked as farmers add additional employees to avoid overtime costs.
ASSEMBLY FLOOR: 54-25, 6/2/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Chávez
8/15/16 20:02:00
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1066 (Gonzalez) - Agricultural workers: wages, hours, and working conditions
Version: June 22, 2016 | Policy Vote: L. & I.R. 4 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 1, 2016 | Consultant: Robert Ingenito |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1066 would remove an exemption in current law that would extend the payment of overtime compensation to agricultural employees after 8 hours of work in a day or 40 in a week.
Fiscal Impact:
The Department of Industrial Relations (DIR) indicates that it would incur administrative costs of in the range of $326,000 to $586,000 in the first year, and $311,000 to $563,000 annually thereafter (Labor Enforcement and Compliance Fund).
Background:
In 1938, the Federal Fair Labor Standards Act (FLSA) was established to provide for minimum requirements with respect to certain labor standards, including minimum wage and overtime. The overtime provisions of FLSA were not extended to agricultural employees. In 1941, the Legislature exempted all agricultural employees from the statutory requirements of overtime, similar to the FLSA. This statutory exemption was retained when the eight-hour day was codified in 1999.
Despite this statutory exemption, the Industrial Welfare Commission (IWC), under its authority, promulgated overtime provisions beyond the traditional eight-hour standard of California law. Currently, the applicable wage order for agricultural employees requires the payment of overtime wages when an agricultural employee works longer than 10 hours in a single day, and more than six days during any workweek.
Proposed Law:
This bill would (1) remove the exemption for agricultural employees regarding hours, meal breaks, and other specified working conditions, and (2) enact the Phase-In Overtime for Agricultural Workers Act of 2016, as specified. Specifically, the bill would, among other things, do the following:
- Provide that, beginning January 1, 2019, any person employed in an agricultural occupation shall not be employed more than 9 ½ hours in any one workday or more than 55 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 9 ½ in a workday or over 55 in a week.
- Provide that, beginning January 1, 2020, any person employed in an agricultural occupation shall not be employed more than 9 hours in any one workday or more than 50 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 9 in a workday or over 50 in a week.
- Provide that, beginning January 1, 2021, any person employed in an agricultural occupation shall not be employed more than 8 ½ hours in any one workday or more than 45 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 ½ in a workday or over 45 in a week.
- Provide that, beginning January 1, 2022, any person employed in an agricultural occupation shall not be employed more than 8 hours in any one workday or more than 40 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 in a workday or over 40 in a week.
- Provide that the term “employed in an agricultural occupation” has the same meaning as the term found in the IWC wage order for Agricultural Occupations.
- Provide that, beginning January 1, 2022, any person employed in an agricultural occupation who works in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee's regular rate of pay.
- Provide that all other provisions of existing law regarding compensation for overtime work shall apply to workers in an agricultural occupation beginning January 1, 2019.
- Authorize the Governor to temporarily suspend the scheduled phase-in of overtime requirements set forth, under specified conditions. If the Governor makes such a determination, all implementation dates shall be postponed by an additional year. This authority shall end upon the final phase-in of overtime provisions, but not later than January 1, 2022.
- Require DIR to update Industrial Welfare Commission Wage Order 14 to be consistent with the requirements in this bill, except that any existing provisions providing greater protections or benefits to agricultural employees shall continue in full force and effect.
Related Legislation:
AB 2757 (Gonzalez) of 2016, was almost identical to this bill. The bill failed passage on the Assembly floor.
Staff Comments:
DIR’s fiscal estimate of the bill assumes a 10 to 20 percent increase in wage claims annually during the four-year implementation phase. These cost estimates reflect resources for additional staffing and outreach to employers and employees. The bill proposes a substantial shift in the industry and since the hours and rates of pay change annually during the implementation phase, DIR notes that employees may not know their rights and employers may not know which timeframe applies for any given year. Once the bill is fully implemented, potential uncertainty should subside, and consequently, costs are likely to be lower.
-- END --
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 1066 Hearing Date: June 29, 2016
Author: | Gonzalez | ||
Version: | June 22, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
Subject: Agricultural workers: wages, hours, and working conditions
KEY ISSUE
Should the Legislature remove an exemption in current law that would extend the payment of overtime compensation to agricultural employees after 8 hours of work in a day or 40 in a week – which a majority of employees in other industries already receive?
ANALYSIS
Existing law:
- Defines a full workday as 8 hours, and 40 hours as a workweek. Overtime wage rates must be paid for any time worked beyond 8 a day and 40 a week. (Labor Code §510)
- Requires, with some exceptions, the payment of overtime compensation as follows:
- Any work in excess of 8 hours in one workday, any work in excess of 40 hours in any one workweek, and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee;
- Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee;
- Any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
- Provides that the payment of overtime compensation requirements do not apply where:
- An employee submits a written request to make up work time in the same workweek in which the work time was lost.
- An alternative workweek schedule adopted pursuant to Labor Code Section 511.
- Employees have adopted an alternative workweek schedule pursuant to a collective bargaining agreement, as specified.
- An alternative workweek schedule is inapplicable because the work relates to cases of emergency or the protection of life or property, to the movement of trains, or to certain hardship exceptions as specified.
- Requires, with certain exemptions, that all employees receive a meal break of 30 minutes before the start of the 5th hour of work, as specified. If more than 10 hours are worked, a second meal period of 30 minutes must also be granted.
- Specifies that every person employed in any occupation of labor is entitled to one day’s
rest therefrom in seven and no employer shall cause his/her employees to work more than six days in seven.
- Employers who violate these provisions are guilty of a misdemeanor. (Labor Code §553)
- Exempts any person employed in an agricultural occupation from all these provisions. (Labor Code §554)
- Establishes the Industrial Welfare Commission (IWC) to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in the State consistent with the health and welfare of those workers.
(Labor Code §516)
- Under the IWC Wage Order 14, employees working in an agricultural occupation, as defined, are entitled to overtime compensation as follows:
- Any work in excess of 10 hours in any one workday or more than 6 days in any workweek, and the first 8 hours worked on the 7th day must be paid at 1 ½ times the employee’s regular rate of pay;
- All hours worked over 8 on the 7th day of work must be paid at double the employee’s regular rate of pay.
This Bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other specified working conditions and would enact the Phase-In Overtime for Agricultural Workers Act of 2016, as specified.
Specifically, this bill:
- Provides that, beginning January 1, 2019, any person employed in an agricultural occupation shall not be employed more than 9 ½ hours in any one workday or more than 55 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 9 ½ in a workday or over 55 in a week.
- Provides that, beginning January 1, 2020, any person employed in an agricultural occupation shall not be employed more than 9 hours in any one workday or more than 50 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 9 in a workday or over 50 in a week.
- Provides that, beginning January 1, 2021, any person employed in an agricultural occupation shall not be employed more than 8 ½ hours in any one workday or more than 45 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 ½ in a workday or over 45 in a week.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation shall not be employed more than 8 hours in any one workday or more than 40 hours in any one workweek, unless he/she receives 1 ½ times that employee's regular rate of pay for all hours worked over 8 in a workday or over 40 in a week.
- Provides that the term “employed in an agricultural occupation” has the same meaning as the term found in the IWC wage order for Agricultural Occupations.
- Provides that, beginning January 1, 2022, any person employed in an agricultural occupation who works in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee's regular rate of pay.
- Provides that all other provisions of existing law regarding compensation for overtime work shall apply to workers in an agricultural occupation beginning January 1, 2019.
- Authorizes the Governor to temporarily suspend the scheduled phase-in of overtime requirements set forth above if the Governor suspends scheduled minimum wage increases for specified "economic conditions" under provisions of law enacted this year pursuant to Senate Bill 3 (Leno), Chapter 4, Statutes of 2016.
- If the Governor makes such a determination, all implementation dates shall be postponed by an additional year. This authority shall end upon the final phase-in of overtime provisions, but not later than January 1, 2022.
- Requires the Department of Industrial Relations to update Industrial Welfare Commission Wage Order 14 to be consistent with the requirements in this bill, except that any existing provisions providing greater protections or benefits to agricultural employees shall continue in full force and effect.
- Makes related legislative findings and declarations.
COMMENTS
1. Background on Agricultural Workers and Overtime:
In 1938, Congress passed the Fair Labor Standards Act (FLSA), which established minimum requirements for labor laws in all states. The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The overtime provisions of the FLSA were not extended to agricultural employees. However, as with all provisions with the FLSA, states are allowed to exceed the requirements laid out in the federal law.
The issue of overtime for agricultural employees in California was first dealt with in 1941. Previously, the law had been silent on this subject. But in 1941 the Legislature exempted all agricultural employees from the statutory requirements of overtime, similar to the FLSA. This statutory exemption was retained when the eight-hour day was codified in 1999.
This statutory exemption, however, did not prohibit the Industrial Welfare Commission (IWC) from legally promulgating overtime provisions beyond the traditional eight-hour standard of California law. Currently, the applicable wage order for agricultural employees requires the payment of overtime wages when an agricultural employee works longer than 10 hours in a single day, and more than six days during any workweek.
With respect to meal periods, the applicable wage order provides that every employer shall "authorize and permit" agricultural employees to take a meal period after five hours of work. This language differs from the statutory meal period language applicable to other employees that prohibits an employer from employing a worker longer than five hours without "providing" a meal period. In addition, the wage order does not require a second meal period after the tenth hour of work (as the statute requires for other employees).
2. Existing Overtime Provisions: comparison among occupations
Pay overtime equal to 1 ½ times the regular rate of pay:
- For most occupations, all hours over 8 in one day or over 40 in one week, and for the first eight hours of work on the seventh day of work in a work week.
- For personal attendants (specified domestic workers), all hours over 9 in one day or over 45 in one week.
- For farmworkers, all hours over 10 in one day or over 60 in one week, and for the first eight hours of work on the seventh day in a workweek.
Pay double time:
- For most occupations, all hours over 12 in one day or over eight on the seventh day of work in a workweek.
- For farmworkers, all hours over eight on the seventh day of work in a workweek.
3. Need for this bill?
According to the California Research Bureau (CRB), California remains the largest overall producer of agricultural goods by value in the country, and is one of the largest agricultural producing regions in the world. (CRB, Farmworkers in California: A Brief Introduction, Oct. 2013) Unfortunately, despite the success of the industry, the farmworkers that make much of the production possible face a number of disadvantages compared to California’s population as a whole. According to CRB, farmworkers are at higher risk for living in poverty, are less likely to have health insurance, and typically lack the resources necessary to change their situation. According to the US Department of Labor - Bureau of Labor Statistics, the median annual wage for agricultural workers was $20,090 in May 2015. In California, the median wage for farmworkers in 2015 was $19,102 annually. The vast majority, 92 percent, of farmworkers in California were Latino.
The author of the measure argues that on a daily basis, farmworkers endure extreme working conditions and weather for low pay and believes it is time for the Legislature to remove the exemption for agricultural workers that excludes them from the daily overtime requirements. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022.
4. Proponent Arguments:
The author of the measure argues that even though California’s farmworkers perform some of the most physically-demanding jobs with pay and working conditions at levels that most Americans would not tolerate, they continue to be excluded from overtime laws enjoyed by most American workers. There are very few occupations that are as physically demanding and exhausting as agricultural work. Proponents argue that this exclusion can no longer be justified or tolerated. They believe that by ensuring that farmworkers are no longer excluded from overtime laws, poverty among this population and the communities they live in will be reduced.
Proponents argue that California agriculture is a wealthy, mature industry that benefits from this unfair overtime exclusion subsidy that is no longer justified. They note that in its 2014 ag industry report, the California Department of Food and Agriculture found that the state’s 76,000+ farms and ranches had combined revenue of approximately $54 billion. The CDFA’s Crop Year Report noted that this total represented a substantial increase over 2013, and stated that California is the leading US state in cash farm receipts with combined commodities representing nearly 13 percent of the US total.
Proponents argue that the agricultural industry has been profitable despite the fact that farmworkers are earning an annual average salary of $14,000, and roughly 30 percent of households with farmworker income are below the poverty line and 73 percent earn less than 200 percent of poverty (a threshold used in many public assistance programs). Overall, proponents believe it is time for California to support and extend fair overtime compensation to hundreds and thousands of agricultural workers.
5. Opponent Arguments:
A coalition of California agricultural producers are opposed to the measure, noting that the previous bill (AB 2757) was defeated in the Assembly and argue the following:
- This bill will reduce the annual take home pay for most agricultural employees. The average annual pay for a milker on a California dairy will be reduced by 33% while other seasonal agricultural employees could see earnings decline by as much as 28%.
- Farmers in California must compete with farmers in other states and countries that already have far lower wage costs. They argue that their buyers – big box and traditional grocery and restaurant chains – set the price they will pay, and if our farmers cannot meet these prices, they will purchase from other states and countries.
- California is already at a competitive disadvantage as it is one of only a few states that require any overtime pay for agricultural workers, and our requirement for daily overtime is already the most expensive. This bill will exacerbate this disadvantage.
Opponents also note that this bill cannot be viewed in isolation and argues that California saddles its farmers with the highest regulatory costs and compliance burdens in the nation. Among others, they state the following:
- Electricity costs for industrial users that are 63.4% higher than the national average.
- The highest workers’ compensation premium rates in the nation.
- California-only restrictions on use of approved crop protection tools that increase the risk of crop loss due to pests and disease.
- Water supply costs driven by regulatory loss of surface water supplies, forcing farmers to drill new and deeper wells, pay more for energy to pump, and scramble to purchase expensive water (if it can be found and conveyed) from others.
According to opponents, this legislation will end up hitting many agricultural workers in their wallet as farmers may be forced to pay higher overtime costs during peak harvest, but for the tens of thousands of workers who are employed year round (thinning trees, preparing ground for planting, etc.) the pressures of cost avoidance will translate to fewer hours worked as farmers add additional employees to avoid overtime costs.
Additional opposition from a coalition of suppliers and consumers argues that cost and regulatory burdens of farming are already much steeper than in other states and are on the rise in response to the recent aggressive increase in the State’s minimum wage. They argue that it is likely that reductions in acreage farmed and employee hours worked could occur as farmers seek to manage rising costs in order to stay competitive. They believe this will impact suppliers and purchasers who will be forced to look elsewhere for the ingredients they need to manufacturer their consumer goods and suppliers will have to scale back their own operations as customer orders for services and goods decrease.
6. Prior Legislation:
AB 2757 (Gonzalez) of 2016, was almost identical to this bill. This bill (AB 1066) was amended to add co-authors and clarify that any provisions of the existing IWC Wage Order for Agricultural Occupations that provide greater protections or benefits shall continue in full force and effect. AB 2757 failed passage on the Assembly floor.
AB 1313 (Allen) of 2012 and SB 1121(Florez) of 2010: AB 1313 proposed to extend the 8-hour daily overtime rule to agricultural employees. However, AB 1313 failed passage on concurrence on the Assembly Floor. AB 1313 was similar to SB 1121 from 2010, which was vetoed by Governor Schwarzenegger. The Governor's veto message stated (in part):
"Unfortunately, this measure, while well-intended, will not improve the lives of California's agricultural workers and instead will result in additional burdens on California businesses, increased unemployment, and lower wages. In order to remain competitive against other states that do not have such wage requirements, businesses will simply avoid paying overtime. Instead of working 10-hour days, multiple crews will be hired to work shorter shifts, resulting in lower take home pay for all workers. Businesses trying to compete under the new wage rules may become unprofitable and go out of business, resulting in further damage to our already fragile economy."
SUPPORT
United Farm Workers (Sponsor)
Alameda Labor Council
Alliance San Diego
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Asian Americans Advancing Justice - California
California Catholic Conference
California Employment Lawyers Association
California Immigrant Policy Center
California Labor Federation
California Rural Legal Assistance Foundation
California State Conference of the National Association for the Advancement of Colored People
California State Treasurer, John Chiang
Center of Policy Initiatives
Coalition for Humane Immigrant Rights of Los Angeles
Consumer Attorneys of California
Courage Campaign
Dolores Huerta Foundation
Don Saylor, Yolo County Supervisor
Equality California
Farmworker Justice
Food Empowerment Project
Kern, Inyo, and Mono Counties Central Labor Council
La Cooperativa Campesina de California
Latino Coalition for a Healthy California
League of United Latin American Citizens - California Chapter
Mayor Eric Garcetti, City of Los Angeles
Mexican American Legal Defense and Education Fund
National Association of Social Workers - California Chapter
Religious Action Center of Reform Judaism
Sacramento Central Labor Council
Service Employees International Union
United Food & Commercial Workers Union - Western States Council
Western Center on Law and Poverty
OPPOSITION
Agricultural Council of California
Alhambra Chamber of Commerce
Almond Hullers & Processors Association
Association of California Egg Farmers
California Agricultural Aircraft Association
California Association of Nurseries & Garden Centers
California Association of Wheat Growers
California Association of Winegrape Growers
California Blueberry Association
California Cattlemen’s Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Dairies, Inc.
California Farm Bureau Federation
California Fresh Fruit Association
California League of Food Processors
California Manufacturers & Technology Association
California Pear Growers Association
California Seed Association
California State Floral Association
California Tomato Growers Association
California Trucking Association
Family Winemakers of California
Far West Equipment Dealers Association
Gilroy Chamber of Commerce
Lodi Chamber of Commerce
Milk Producers Council
National Federation of Independent Business
Nisei Farmers League
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Western United Dairymen
Wine Institute
-- END --
AB 1066
Page 2
ASSEMBLY THIRD READING
AB 1066
(Gonzalez)
As Amended May 14, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Public Employees |
6-0 |
Bonta, Waldron, Cooley, Jones-Sawyer, O'Donnell, Rendon |
|
Higher Education |
10-3 |
Medina, Bloom, Irwin, Jones-Sawyer, Levine, Linder, Low, Santiago, Weber, Williams |
Baker, Chávez, Harper |
Appropriations |
12-5 |
Gomez, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Gordon, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones, Wagner |
SUMMARY: Revises the definition of "short-term employee" to require the position not to continue on a year-after-year basis in a school district or community college.
EXISTING LAW:
Authorizes school districts and community college districts to employ non-academic employees, and requires those employees to be placed in the classified service, as specified.
Prohibits, generally, the following from being part of the classified service:
Substitute and short-term employees employed and paid for less than 75% of a school year.
Apprentices and professional experts, as specified.
Full-time and part-time students employed part-time in a college work-study or work experience program, as specified.
Part-time playground positions where the employee is not otherwise employed in a classified position.
FISCAL EFFECT: According to the Assembly Appropriations Committee, significant Proposition 98 (1988)/General Fund cost pressures on school districts and community colleges, potentially in the millions of dollars, to provide increased employment benefits (health and retirement benefits, vacation, holiday and sick leave) to thousands of workers not currently serving in a classified position.
COMMENTS: Current law defines "substitute" and "short-term" employees as those employed and paid for less than 75% of a school year or college year. These employees are not part of classified service. This bill extends the definition of "short-term" employee to also prohibit this designation of employee from continuing on a year-after-year basis. As a result, if the school district or community college decides to continue employment of a currently designated "short-term" employee beyond one year, the school district or community college would need to deem the position part of classified service.
Inclusion in classified service confers statutory rights and benefits to employees, such as a process for obtaining permanent status, due process rights, fixed and delineated work duties, vacation days, holidays and other benefits.
The California Federation of Teachers is sponsoring this bill to prevent "wrongful exclusions" of employees from classified service. They state current law and practice has resulted in a permanent class of temporary' employees. They support this bill to "uphold and protect the original intent of creating a permanent classified service."
Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0000601
AB 1066
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1066
(Gonzalez) – As Amended May 14, 2015
Policy Committee: |
Public Employees, Retirement/Soc Sec |
Vote: |
6 - 0 |
|
Higher Education |
|
10 - 3 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill revises the definition of “short-term employee” to require the position not to continue on a year-after-year basis in a school district or community college.
FISCAL EFFECT:
Significant Proposition 98/GF cost pressures on school districts and community colleges, potentially in the millions of dollars, to provide increased employment benefits (health and retirement benefits, vacation, holiday and sick leave) to thousands of workers not currently serving in a classified position.
COMMENTS:
Purpose. Current law defines "substitute" and "short-term" employees as those employed and paid for less than 75% of a school year or college year. These employees are not part of classified service. This bill extends the definition of "short-term" employee to also prohibit this designation of employee from continuing on a year-after-year basis. As a result, if the school district or community college decides to continue employment of a currently designated "short-term" employee beyond one year, the school district or community college would need to deem the position part of classified service.
Inclusion in classified service confers statutory rights and benefits to employees, such as a process for obtaining permanent status, due process rights, fixed and delineated work duties, vacation days, holidays and other benefits.
Examples of positions that may currently be considered "short-term" include coaches, AVID tutors, non-certificated adult education instructors, community service lecturers, artists-in-residence, student workers, seasonal workers.
Coaches, for example, are paid on a stipend regardless of hours worked. Providing classified status could result in districts negotiating overtime or additional pay for extended seasons, playoffs, travel time, evening, weekend, and holiday games.
The California Federation of Teachers is sponsoring this bill to prevent "wrongful exclusions" of employees from classified service. They state current law and practice has resulted in a permanent class of 'temporary' employees. They support this bill to "uphold and protect the original intent of creating a permanent classified service."
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 1066
Page 3
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1066
(Gonzalez) – As Amended April 6, 2015
[Note: This bill is doubled referred. On April 8, 2015, this bill was approved by a vote of 6-0 in the Assembly Committee on Public Employees, Retirement and Social Security.]
SUBJECT: Classified employees: nonemployee contractors: limited-term, short-term, and substitute employees
SUMMARY: Clarifies provisions governing the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service to ensure that school districts and community college districts are appropriately placing non-academic employees, unless specifically exempted, in the classified service. Specifically, this bill:
Specifies that school districts and community college districts have a mandatory duty to classify all of their non-academic employees and positions.
Clarifies that substitute employees exempted from classified service because they are employed and paid for less than 75% of a school or college year means a single school or college year.
Defines "75% of a single school or college year" to mean 195 working days of a single school or college year, including holidays, sick leave, vacation, and other leaves of absence, irrespective of the number of hours worked per day.
Prohibits a short-term employee exempted from classified service from being employed in subsequent school years to perform the same services.
Clarifies that the use of a nonemployee contractor for personal services contracting is limited to 60 working days of a single school or college year.
Specifies that an employee of a school district or community college district, or their exclusive representative, may bring and action to challenge the classification of an employee or positions or to compel a position to be classified pursuant to these provisions.
Provides for reimbursement if the Commission on State Mandates determines the bill contains state mandated local costs.
EXISTING LAW:
Authorizes community college districts (CCDs) to employ non-academic employees, and requires those employees to be placed in the classified service, as specified.
Prohibits, generally, the following from being part of the classified service:
Substitute and short-term employees employed and paid for less than 75% of a school year.
Apprentices and professional experts, as specified.
Full-time and part-time students employed part-time in a college work-study or work experience program, as specified.
Part-time playground positions where the employee is not otherwise employed in a classified position.
Restricts personal services contracting for all services currently or customarily performed by classified school employees for the purpose of achieving cost savings, permitting so only if specified conditions are met.
FISCAL EFFECT: Unknown
COMMENTS: Purpose of this bill. According to the author, over 30 years ago, the Legislature decreed that the non-academic employees of CCDs and school districts must be included in the classified service. Inclusion in a district’s classified service confers important statutory rights and benefits to employees, such as a process for obtaining permanent status, due process rights, fixed and delineated work duties, vacation days, holidays and other benefits.
The author argues these rights are being eroded by CCDs and school districts that are wrongfully excluding longstanding, regular employees from the classified service by relying on narrow exceptions that were intended only for legitimate short-term, limited and temporary employees.
The author contends that this bill will prevent wrongful exclusions by clarifying existing language that allows only narrow and limited exceptions from classified service for legitimate student, short-term, limited and emergency employees.
Arguments in support. The California Federation of Teachers (CFT) is the sponsor of this bill. CFT points to Milagros Hilario, who has worked for 10 years as a "temporary" hourly employee as a Food Service worker in a college cafeteria in San Diego, as an example of the need for this bill. According to CFT, "Milagros performs the exact same job duties and has the exact same qualifications as her colleagues in the cafeteria. The cafeteria is open year-round whenever classes are in session. The District has denied Milagros the ability to be placed in the classified services and because of that she does not earn sick leave, vacation time, holiday pay, and has no pension." CFT argues this bill will prohibit CCDs from excluding Milagros and similar employees from classified service by strengthening the exemptions to ensure they apply only to legitimate student, short-term, limited and emergency employees.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
California Labor Federation
San Diego County Office of Education
SEIU California
Opposition
None on File
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960
Discussed in Hearing
1H
Assembly Floor
1H
Senate Floor
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Higher Education
Bill Author
