Classified EmployeesSalaries
Section § 88160
This law says that the boards in charge of community college districts, including city education boards, are responsible for deciding the pay for non-teaching employees. They have to do this unless there's another law that specifies otherwise.
Section § 88162
This law outlines the procedures for setting and adjusting salaries for nonacademic staff in community college districts. The governing board must set annual salaries before each school year's budget is approved and can include conditional raises based on expected revenue. If actual revenue falls short, the board can reduce these increases. Additionally, the board can raise salaries during the school year at its discretion. Salary increases can also occur when there are classification changes, with the necessary approvals. Importantly, this law does not allow for demotions or dismissals solely due to position reclassification. It applies equally to districts with a merit system.
Section § 88163
This law allows a community college district's governing board to handle salary changes if they started a salary study before the school year. If they can't follow the usual salary rules, they have two options. First, they can keep using last year's salary schedule but can add cost-of-living increases, making the new salaries apply for the whole year, including the study period. Second, they can make the new salaries effective only for the remaining school year after the study is finished, but it must cover the rest of the year.
Section § 88164
This law allows community college districts in California to withhold a portion of an employee's salary, if they don't pay in 12 equal monthly installments, based on the employee's choice. The withheld amount is calculated differently depending on whether the employee works 9, 10, or 11 months per year and is paid back in a lump sum or installments by specific dates. Once elected, this choice remains for the whole fiscal year, unless the employee leaves the job. If an employee departs before receiving all owed money, the district must pay the remaining amount within 30 days. This applies equally to all districts, including those with a merit system.
Section § 88165
Section § 88166
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 § 88167
This law allows community college districts to deduct dues for employee organizations directly from employees' wages if those employees have provided written authorization. Employees have the right to revoke this authorization in writing, and any dues increase must be communicated to both the employee and the district, allowing time for any necessary changes.
The authorization remains effective until expressly revoked or changed by the employee, and these requests should be directed to the employee organization. When such requests are processed, the organization is responsible for informing the district and indemnifying it against any claims related to deductions.
Even if an employee organization certifies maintaining authorizations, the district doesn't need specific copies unless disputes arise. Additionally, employees can choose to pay service fees directly rather than through salary deductions, in situations where a security arrangement is in place.
Section § 88167.5
This law requires community college districts to send any union dues, fees, or similar payments from an employee's paycheck to the employee's union within 15 days. If the district doesn't follow this rule, the union or employee can sue. In such cases, the winning party can ask the court to have the losing party pay their legal fees and costs. This rule applies to districts using the merit system too.
Section § 88168
This law requires that when a classified employee starts a new job or changes job classification, they must receive two copies of important documents. These documents include the job description, salary details, work location, and schedule. One copy is for the employee to keep, and the other must be signed and returned to their supervisor.
This requirement does not apply to employees with short-term, limited-term, or provisional positions. It is specifically applicable to districts that use a merit system.