Section § 45160

Explanation

This law states that the school district's governing board is responsible for determining and paying the salaries of employees who don't need special certification to work, like those in non-teaching roles. However, if another law specifies how their pay should be handled, that law takes precedence.

The governing board of any school district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other employees not requiring certification qualifications employed by the board unless otherwise prescribed by law.

Section § 45162

Explanation

This law requires school district boards to set the annual salaries for employees in non-certification roles before the budget approval each year. They can also set conditional salary increases based on expected revenue, but if the actual revenues fall short, they can reduce the salaries by the conditional amount.

The board can raise salaries for these positions anytime during the year, effective on any date they decide. Wage increases are also possible if job reclassification is approved by the board or personnel commission.

However, reclassification cannot be used to demote or dismiss an employee unless otherwise legally allowed. This law applies equally to districts using the merit system.

(a)CA Education Code § 45162(a) The governing board of any school district shall, not later than the date prescribed by law for approval of the publication budget of every year, fix the annual salaries for the ensuing school year for all persons employed by the district in positions not requiring certification qualifications. The governing board may, at the time, include an increase in such annual salaries, all or part of which increase is conditional upon the actual receipt by the district of anticipated revenue from all sources. If the revenue actually received is less than that anticipated, the governing board may, at any time during the school year, reduce such annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues.
(b)CA Education Code § 45162(b) The governing board of a school district may, at any time during the school year, increase the salaries of persons employed by the district in positions not requiring certification qualifications. Such increase shall be effective on any date ordered by the governing board.
(c)CA Education Code § 45162(c) A governing board may, at any time, increase the wages or salaries of classified employees if the board or, in a merit system district, the personnel commission approves a classification change in a position, a class of positions, or any or all of the positions or classes of positions a part of the classified service.
(d)CA Education Code § 45162(d) The provisions of this section shall not be construed to permit a governing board to demote or dismiss an employee as a result of reclassification of a position or class of positions except as may otherwise be permitted by law.
(e)CA Education Code § 45162(e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.

Section § 45163

Explanation

This law explains what a school district's governing board in California can do if it starts a salary study before the school year to increase pay for non-certified employees and can't meet certain salary requirements. Before finalizing its budget, the board can either keep last year's salary schedule and adjust it for cost-of-living increases, applying new salaries for the whole year once the study is done, or apply the new salaries only for the remaining part of the school year once the policy is finalized.

If the governing board of a school district cannot comply with the provisions of subdivision (a) of Section 45162 because it is engaged in a study, which was commenced prior to the commencement of the school year, to increase the salaries and wages of persons employed by such district in positions not requiring certification qualifications, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following:
(a)CA Education Code § 45163(a) Adopt an interim salary schedule which shall be the same schedule as for the preceding year, except that increases may be granted at that time based upon increased cost-of-living indexes, and provide that the salaries and wages fixed as a result of the study shall be payable for the entire school year to include the period thereof in which the study was conducted and final board action taken.
(b)CA Education Code § 45163(b) Provide that the salaries and wages fixed as a result of the study shall be effective only for that portion of the school year, as determined by the board at the time it takes action after the study has been completed. “Portion of the school year,” as used in this subdivision shall not be for any period of time less than the period of time remaining in the school year from the date the governing board adopts the salary schedule based on the study commenced prior to that school year.

Section § 45165

Explanation

This law allows school district employees in California, who are not paid year-round, to choose to have portions of their salary withheld throughout the school year so they can receive payments during the summer break. If an employee works 11 months, 8.33% of their salary is withheld and paid in September. If they work 10 months, 16.67% is withheld and paid in August and September. For those working 9 months, 25% is withheld and paid in July, August, and September. Once an employee opts into this system, they cannot change this decision until the following fiscal year. If an employee leaves their job, any withheld money is paid within 30 days. This rule also applies to districts with a merit system, aligning with Section 42644, where applicable.

The governing board of any school district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to such employee an amount as follows:
(a)CA Education Code § 45165(a) For an employee employed 11 months of a year an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding.
(b)CA Education Code § 45165(b) For an employee employed 10 months of a year an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding.
(c)CA Education Code § 45165(c) For an employee employed nine months a year an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding.
If the provisions of Section 42644 are made applicable to any district the provisions of this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 42644.
Once an employee has elected to be brought under the provisions of this section such election shall not be revocable until the commencement of the next ensuing fiscal year. However, in the event any employee leaves the service of the district by death or otherwise before receiving such moneys as may be due him, the amount due him shall be paid within 30 days of the last working day to him or any other person entitled thereto by law.
This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.

Section § 45166

Explanation

This law ensures that employees classified in public school systems are paid at least once a month, unless specific sections of the code are used by the district. Payments are typically made on the last working day of the month, but districts can choose to pay earlier. This rule also applies to districts with a merit system, treating it as if it's part of a specific section related to the merit system.

Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any public school system shall be drawn at least once during each calendar month, for those districts not using the provisions of Sections 42644, 42645, or 42646 of this code. Such payment shall be made on the last working day of the month in which the employee was in paid status.
This section shall not prohibit a school district from making a payment of earned salary prior to the last working day of the pay period or of the month.
This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.

Section § 45167

Explanation

If there is a mistake found in the payroll calculation or salary payment of a classified employee, the employer must inform the employee about the correction and give them the additional pay due, all within five business days.

Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee’s salary, the appointing authority shall, within five workdays following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds.

Section § 45168

Explanation

This law allows public school employers in California to deduct dues or fees from a classified employee's paycheck, if the employee agrees in writing. The employee can revoke this agreement in writing at any time. If dues increase, employees must be informed ahead of time so they have the chance to cancel their authorization. When deductions are made, the school must forward these funds to the designated employee organization each month.

The school board cannot demand a new authorization form unless it's approved by the employee organization. If an employee wants to change or cancel deductions, they must contact their employee organization, not the school board. The employee organization is responsible for making these changes and will also handle any claims regarding incorrect deductions.

If there's no dispute about authorization details, employee organizations aren't required to submit individual authorizations to the school board. The law also covers situations involving organizational security arrangements, letting employees pay fees directly instead of through deductions if they prefer. This applies equally to schools using the merit system.

(a)Copy CA Education Code § 45168(a)
(1)Copy CA Education Code § 45168(a)(1) Except as provided in subdivision (b), the governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or bona fide association, whose membership consists, in whole or in part, of employees of that employer, and that has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization.
(2)CA Education Code § 45168(a)(2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and permitted by the terms of the written authorization. The employee organization shall provide the school district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees.
(3)CA Education Code § 45168(a)(3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board shall reduce the employee’s pay warrant by the designated amount in the next pay period after the governing board receives the notification.
(4)CA Education Code § 45168(a)(4) The governing board shall, on the same designated date of each month, draw its order upon the funds of the employer in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period.
(5)CA Education Code § 45168(a)(5) The governing board shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization.
(6)CA Education Code § 45168(a)(6) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information.
(7)CA Education Code § 45168(a)(7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification.
(b)CA Education Code § 45168(b) The governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order.
(c)CA Education Code § 45168(c) This section shall apply to public school employers that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).

Section § 45168.5

Explanation

This law requires school districts to promptly send any employee dues or fees deducted from classified employees' paychecks to the relevant employee organization within 15 days. Even if the school district doesn't comply, it cannot get a waiver to bypass this rule. If an employer fails to do this, affected employees or their organizations can sue, and the court may award attorney fees to the winning party. This applies to districts with a merit system as well.

(a)CA Education Code § 45168.5(a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee.
(b)Copy CA Education Code § 45168.5(b)
(1)Copy CA Education Code § 45168.5(b)(1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section.
(2)CA Education Code § 45168.5(b)(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs.
(c)CA Education Code § 45168.5(c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).
(d)CA Education Code § 45168.5(d) A school district or county office of education may not request, and the state board may not grant, a waiver of compliance with this section.

Section § 45169

Explanation

When a classified employee starts a job or changes their job classification, they must be given two copies of documents detailing their job description, salary, work location, duty hours, and workweek schedule. The salary details should cover different types of pay, such as annual, monthly, hourly, and overtime rates. The employee keeps one copy and signs the other to return it to their supervisor.

This requirement does not apply to short-term, limited-term, or provisional employees. It applies to school districts using the merit system as if it were part of that system's regulations.

Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his class specification, salary data, assignment or work location, together with duty hours and the prescribed workweek. The salary data shall include the annual, monthly or pay period, daily, hourly, overtime and differential rate of compensation, whichever are applicable. One copy shall be retained by the employee and the other copy shall be signed and dated by the employee and returned to his supervisor.
The provisions of this section shall not apply to short-term, limited-term, or provisional employees, as those terms are defined in this chapter.
This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.