Section § 88160

Explanation

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.

The governing board of any community college district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other nonacademic employees employed by the board unless otherwise prescribed by law.

Section § 88162

Explanation

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.

(a)CA Education Code § 88162(a) The governing board of any community college 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 nonacademic positions. The governing board may, at the time, include an increase in those 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 those annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues.
(b)CA Education Code § 88162(b) The governing board of a community college district may, at any time during the school year, increase the salaries of persons employed by the district in nonacademic positions. The increase shall be effective on any date ordered by the governing board.
(c)CA Education Code § 88162(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 § 88162(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 § 88162(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 3 (commencing with Section 88060) of this chapter.

Section § 88163

Explanation

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.

If the governing board of a community college district cannot comply with the provisions of subdivision (a) of Section 88162 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 the district in nonacademic positions, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following:
(a)CA Education Code § 88163(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 § 88163(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 § 88164

Explanation

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.

The governing board of any community college 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 that employee an amount as follows:
(a)CA Education Code § 88164(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 § 88164(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 § 88164(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 Section 85244 is made applicable to any district, 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 85244.
Once an employee has elected to be brought under the provisions of this section, the election shall not be revocable until the commencement of the next ensuing fiscal year. However, if any employee leaves the service of the district by death or otherwise before receiving moneys that may be due him or her, the amount due the employee shall be paid within 30 days of the last working day to the employee 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 3 (commencing with Section 88060).

Section § 88165

Explanation
This law requires community college districts to pay classified employees at least once a month, with payment on the last working day if the employee has been working that month. It allows early payment if the district chooses. It also applies to districts using the merit system, ensuring consistent treatment across different district systems.
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 community college district shall be drawn at least once during each calendar month, for those districts not using Section 85244 or 85260. 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 community college 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 3 (commencing with Section 88060).

Section § 88166

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 § 88167

Explanation

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.

(a)Copy CA Education Code § 88167(a)
(1)Copy CA Education Code § 88167(a)(1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district, 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 community college district, 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 § 88167(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 if permitted by the authorization. The employee organization shall provide the community college 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 § 88167(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 following the closing date for receipt of changes in pay warrants.
(4)CA Education Code § 88167(a)(4) The governing board, on the same designated date of each month, shall draw its order upon the funds of the community college district 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 § 88167(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 § 88167(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 such 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 governing board for any claims made by the employee for deductions made in reliance on that information.
(7)CA Education Code § 88167(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 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 governing board for any claims made by the employee for deductions made in reliance on its notification.
(b)CA Education Code § 88167(b) The governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized 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 in an organizational security arrangement between the exclusive representative and a community college district 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 § 88167(c) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

Section § 88167.5

Explanation

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.

(a)CA Education Code § 88167.5(a) Notwithstanding any other provision of law, the governing board of a community college 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 § 88167.5(b)
(1)Copy CA Education Code § 88167.5(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 § 88167.5(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 § 88167.5(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 3 (commencing with Section 88060).

Section § 88168

Explanation

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.

Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his or her 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 or her supervisor.
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 3 (commencing with Section 88060).