Classified EmployeesSalaries
Section § 45160
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.
Section § 45162
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.
Section § 45163
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.
Section § 45165
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.
Section § 45166
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.
Section § 45167
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.
Section § 45168
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.
Section § 45168.5
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.
Section § 45169
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.