Section § 87801

Explanation

This law states that the governing board of a community college district is responsible for deciding and paying the salaries of their academic staff, unless another law specifies differently.

The governing board of a community college district shall fix and order paid the compensation of persons employed by the board as academic employees unless otherwise prescribed by law.

Section § 87802

Explanation

This law requires that the governing board of every community college district must create, print, and provide a salary schedule for all their academic employees. This ensures transparency and clarity about the salaries being offered.

The governing board of each community college district shall adopt and cause to be printed and made available to each academic employee a schedule of salaries to be paid.

Section § 87804

Explanation

This law allows community college districts to hire temporary employees as needed. It requires these districts to create and publicly share the pay rates for these temporary positions.

It also clarifies that this does not change any existing laws regarding minimum annual salaries for district employees.

The governing board of a community college district may employ such temporary employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for temporary employees.
This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district.

Section § 87806

Explanation

This rule allows the governing board of a community college district to raise the salaries of academic staff at any point in the school year. The salary increase takes effect on the date the board decides.

The governing board of a community college district may at any time during any school year increase the salaries of persons employed by the district in academic positions. The increase shall be effective on any date ordered by the governing board.

Section § 87807

Explanation

This law says that if you're working in an academic position at a community college and the college district requires you to take extra classes or training, your salary cannot be reduced because you didn't complete those requirements.

The governing board of community college district shall not decrease the annual salary of a person employed by the district in an academic position for failure to meet any requirement of the district that the person complete additional educational units, course of study, or work in any college or university or any equivalent thereof.

Section § 87809

Explanation

This law states that if a community college district does not pay the salary of an academic employee, even though their employment contract is legally approved, the county superintendent of schools can take money from the district's funds to pay the salary through the county school service fund.

If a community college district fails to pay the salary of any person employed by it in an academic position who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, that county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay the salary from that fund.

Section § 87810

Explanation

In California, if someone worked in a teaching position without the proper qualifications, their employment and actions can still be considered legal if the board of governors approves it. The board of governors will review the case and decide if the work should be approved as legal based on certain criteria.

The board can approve the work as legal if they find the person did have the necessary qualifications during their service. Alternatively, the local school district's board might determine the person had qualifications at least equivalent to what's required, based on reasonable evidence, which would also make the employment legal.

Whenever a person has rendered service in an academic position, or the governing board of a district has employed a person in an academic position or the county superintendent has drawn an order for a warrant in favor of a person in an academic position, for a period of service during which the person did not have the qualifications required for the position as required by law, and when as a result thereof the employment of the person to render the service, the rendering of the service, the inclusion of the attendance of students taught by the person in the average daily attendance of the district, or the drawing of the order warrant for the service of that person, is in violation of any provision of this code, the employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the board of governors approves thereof in accordance with this section.
The board of governors shall adopt rules and regulations to establish procedures for a review in those cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the board gives its approval to the rendering of such service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes.
Unless and until amended by the board of governors, the regulations shall provide that the rendering of the service shall be approved if either of the following circumstances apply:
(a)CA Education Code § 87810(a) The board determines that the person rendering the service had the necessary qualifications during the period of service in question.
(b)CA Education Code § 87810(b) The district governing board determines, through a process that meets the requirements of Section 87359, and based on reasonable evidence, that the person rendering the service had qualifications that are at least equivalent to the qualifications specified in regulations of the board of governors.

Section § 87815

Explanation

If you have an academic job and you work less than a full school year, your salary will be a proportional amount based on how long you worked compared to the whole school year. If you work an entire semester, you must be paid at least half of the annual salary. This law doesn't stop you from getting paid while you're on authorized leave.

If someone in this position dies during the school year, their estate gets a salary that reflects the time they worked up to their passing, minus what they have already been paid.

A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in an academic position who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law.
In the event any such person dies during the school year, his or her estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his or her death.

Section § 87816

Explanation

This law allows community college districts to use a different method to calculate salaries for academic employees who work less than a full school year. Instead of their regular salary, only the amount paid to a substitute, or what would have been paid if a substitute was hired, is deducted from the employee's pay. The possible substitute pay amount is determined by the district's official salary schedule for substitutes. This alternative salary calculation can only be used if approved by the community college board and is limited to five days per school year per employee.

Notwithstanding the provisions of Section 87815, the governing board of a community college district may adopt an alternative method of computing the salary received by an academic employee who serves less than a full school year.
The alternative method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees.
The alternative method shall only be applied upon authorization by the community college board based upon individual employee application and shall be limited to no more than five days per school year for each employee.

Section § 87817

Explanation
If someone is hired to work in an academic position at a community college for the second semester, they must be paid at least half of the yearly salary that position offers.
Notwithstanding the provisions of Section 87815 or any other provision of law to the contrary, if a person is employed by a community college district in an academic position at the beginning of the second semester of a school year for services during that semester, the compensation of the employee shall be not less than one-half of the annual compensation for that position.

Section § 87818

Explanation

This law discusses what happens when a community college district in California decides to increase the salaries of its academic employees starting in the second semester of the school year. It states that during the first semester, employees can't earn more than half of their old annual salary. In the second semester, they must earn at least half of the new, higher annual salary. Finally, this law doesn't affect when a salary increase can officially start; that's up to the governing board to decide.

Whenever a salary schedule increasing the salaries of its academic employees is adopted by a community college district to be effective at the commencement of the second semester of a school year:
(a)CA Education Code § 87818(a) The compensation of the employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester.
(b)CA Education Code § 87818(b) The compensation of the employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester.
This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective.

Section § 87821

Explanation

This law explains when salaries should be paid to employees in community colleges. Most employees are paid at the end of the month, but no later than the fifth day of the next month. Part-time faculty working in day or evening classes for adults are to be paid by the 10th of the next month. If salaries are paid on a different schedule, like every two weeks, the paycheck can be issued by the last working day of that period but not later than the eighth day of the next period.

The law also allows districts to pay employees before the last working day of a month or payroll period.

Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that faculty employed for less than full time in classes for adults, in a day or evening community college, shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month.
If the community college district provides for the payment of the salary of employees employed in academic positions once each two weeks, twice a month, or once each four weeks, each salary payment may be made on the last working day of the payroll period and shall be made not earlier than the last working day of the payroll period and not later than the eighth working day of the following payroll period.
This section shall not prohibit a district from making a payment of earned salary prior to the last working day of the month or payroll period.

Section § 87822

Explanation

This law states that when a community college district in California hires an academic employee for extra duties beyond their regular tasks, or for teaching in the district's summer school, they must be paid accordingly. Payment can be made as a lump sum or at various intervals like hourly, daily, or monthly. If paid in one lump sum, it must be delivered within 10 days after the service ends. For other payment schedules, employees must be paid within 10 days after each month or pay period ends.

Except as provided in Section 87790, when any community college district employs an academic employee to perform instruction or other services in addition to his or her regular instructing duties, or when a district employs an academic employee to perform instructing or other services at a summer school maintained by the district, the district shall pay the employee for those services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or pay period during which the services are performed.

Section § 87823

Explanation

This law allows a district to issue a single payroll warrant that covers the salaries or wages of two or more employees, instead of issuing separate warrants for each employee.

Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant.

Section § 87824

Explanation

This law states that when a payroll warrant, which is a type of payment form, is used, it needs to be approved first. Once approved, it should be sent to the county treasurer, who then ensures the employee gets paid.

When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order.

Section § 87825

Explanation

This law states that if a payroll warrant is being used, the list must include the names of each employee.

When the payroll form of warrant is used the name of each employee shall be listed.

Section § 87828

Explanation

In simple terms, a paycheck (or warrant) for an academic employee won't be issued unless the person responsible for issuing it is sure that the employee has properly completed all their required duties. There can be exceptions, but they need to be specifically outlined elsewhere in the education code.

Except as otherwise provided in this code, no warrant shall be drawn in favor of any academic employee, unless the officer whose duty it is to draw the warrant is satisfied that the employee has faithfully performed all the duties prescribed.

Section § 87831

Explanation

If an academic employee in a district that can issue warrants doesn't submit required reports to the county superintendent, the superintendent can instruct the district to hold back that employee's salary until the reports are filed and the superintendent gives written approval to release the payment.

Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the provision of Section 85266 and the reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the employee involved. The payment should not be released to the employee until directed in writing by the county superintendent of schools.

Section § 87832

Explanation

This law explains how a community college employee’s salary is calculated for the first 30 days if they're on military or naval duty. If the employee is in an academic position, their 30-day pay is one-tenth of their annual salary. For employees in classified positions, they receive one month's salary.

For the purposes of Section 395 of the Military and Veterans Code or any other provision of law providing for the payment of salary or compensation to an employee of a community college district while absent from duty because he or she is engaged in ordered military or naval duty, the employee’s salary or compensation for 30 days shall (a), with respect to an employee serving in an academic position, be deemed to be one-tenth of the annual salary established for the position and (b), with respect to an employee serving in a classified position, be deemed to be one month’s salary.

Section § 87833

Explanation

This section of the law outlines the rules for how community college district boards in California handle payroll deductions for employees' membership dues to professional organizations. If an employee authorizes it in writing, their salary can be reduced to pay membership dues or other services. The authorization can be revoked in writing as specified in the terms of the authorization. The governing board must send these payments to the designated organizations by specific deadlines each pay period. If the dues amounts change, organizations must inform both employees and the college in advance. Additionally, the board can't demand new authorizations for changes in dues unless approved by the employee's organization. Requests to cancel or change deductions are handled by the employee organizations, which must indemnify the district against any claims of improper deductions.

(a)CA Education Code § 87833(a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an academic employee of the district, shall reduce the order by the amount which the board has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization, or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the community college district, and which has as one of its objectives improvements in the terms and conditions of employment for the advancement of the welfare of the 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.
(b)CA Education Code § 87833(b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for academic employees, draw its order upon the funds of the district in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for academic employees. When timely transmittal of dues or other payments by a county is necessary for a community college district to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction.
(c)CA Education Code § 87833(c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees.
(d)CA Education Code § 87833(d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization.
(e)CA Education Code § 87833(e) 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 information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on that information.
(f)CA Education Code § 87833(f) A certified 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 community college district 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 district for any claims made by the employee for deductions made in reliance on its notification.

Section § 87834

Explanation

This law explains how community college districts in California handle salary deductions for academic employees. It says that when paying salaries, the district can reduce the payment by the amount of service fees owed to an employee organization, following a security agreement between the school and the organization. Employees can also choose to pay these fees directly instead of through automatic deductions.

If employees don't allow the school to deduct and pay these service fees themselves, the district may deduct the actual cost of processing the payment from what is sent to the organization. However, the fee deducted cannot be more than the actual cost incurred by the district. These costs include both initial setup and ongoing processing expenses.

The governing board of each community college district when drawing an order for the salary or wage payment due to an academic employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required in 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.
If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs.

Section § 87834.5

Explanation

This law requires community college districts in California, when they deduct dues or fees from an academic employee's salary for employee organizations, to send that money to the respective organization within 15 days of issuing the paycheck.

If the college district fails to do this, the employee or the organization can file a lawsuit. If they win the case, they could also have their legal fees and court costs covered.

(a)CA Education Code § 87834.5(a) Notwithstanding any other 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 an academic 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 § 87834.5(b)
(1)Copy CA Education Code § 87834.5(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 § 87834.5(b)(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs.