Salary And Wage Deductions - General - Government - CA

Section § 1150

This law defines several terms related to state employees and public agencies in California. A 'state employee' is anyone who gets paid through the state's payroll system. 'Public agency' covers a wide range of government entities like cities, counties, and districts. An 'employee organization' is a group recognized as representing employees in dealings with their employer. A 'bona fide association' is a group of current and former employees that doesn't engage in employer-employee negotiations. 'Deduction' means payroll deductions, excluding direct deposit through electronic transfer. 'Public employer' broadly includes the state, universities, and various government bodies, but specifically excludes public schools and community colleges when it comes to payroll deductions for employee organizations. These are governed by different sections of the Education Code.

As used in this article:

(a) “State employee” means all persons who receive wages for services through the uniform payroll system established and administered by the Controller under Section 12470.

(b) “Public agency” includes counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state.

(c) “Employee organization” means an organization which represents employees of a public employer and that has been recognized or certified by the public employer or the Public Employment Relations Board as the exclusive representative of the employees.

(d) “Bona fide association” means an organization of employees and former employees of an agency of the state and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations.

(e) “Deduction” does not include direct deposit by electronic fund transfer, as authorized by Sections 7506 and 12480.

(f)

(1) “Public employer” means the state, the Regents of the University of California, the Trustees of the California State University and the California State University, the Judicial Council, a trial court, a county, city, district, public authority, including transit district, public agency, or any other political subdivision or public corporation of the state, except as provided in paragraph (2).

(2) A public school employer or community college district is not a public employer for purposes of transmittal of payroll deductions to professional organizations or employee organizations. These entities shall be governed by Sections 45060, 45168, 87833, and 88167 of the Education Code, as may be applicable.

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Section § 1151

State employees in California can choose to have certain deductions taken from their paychecks. These can include payments for insurance premiums and employee benefits sponsored by state agencies, premiums for life insurance provided by the government, and contributions to credit unions. Employees can also authorize deductions for fees related to state government programs or for purchasing U.S. savings bonds. Charitable contributions, transport passes, and deposits into bank accounts are also eligible deductions. Furthermore, employees can choose to buy investment certificates from licensed industrial loan companies using these paycheck deductions.

State employees may authorize deductions to be made from their salaries or wages for payment of one or more of the following:

(a) Insurance premiums or other employee benefit programs sponsored by a state agency under appropriate statutory authority.

(b) Premiums on National Service Life Insurance or United States Government Converted Insurance.

(d) Recurrent fees or charges payable to a state agency for a program that has a purpose related to government, as determined by the Controller.

(e) The purchase of United States savings bonds in accordance with procedures established by the Controller.

(f) Payment of charitable contributions under any plan approved by the Department of General Services in accordance with procedures established by the Controller.

(g) Passes, tickets, or tokens issued for a period of one month, or more, by a public transportation system.

(h) Deposit into an employee’s account with a state or federal bank or savings and loan association located in this state, for services offered by that bank or savings and loan association.

(i) The purchase of any investment or thrift certificate issued by an industrial loan company licensed by this state.

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Section § 1151.5

This law allows California state employees to have money deducted from their salaries or wages to pay for the support and care of their children, family, or former spouses if they have a legal duty to support them. A fee may be charged for this service.

Additionally, public agencies can create payroll deduction programs for specific purposes, such as supporting family or dependents, paying legal judgments, complying with court-ordered wage garnishment, or repaying loans to a commercial lender.

(a) In addition to deductions authorized pursuant to Section 1151, a state employee may authorize deductions to be made from salaries or wages for payment for the support, maintenance, or care of the employee’s child, children, family, or former spouse for whom the employee has a duty of support. A service charge may be assessed for this deduction.

(b) A public agency may establish payroll deduction programs for any of the following purposes:

(1) Payment for the support, maintenance, or care of an employee’s child, children, family, or former spouse for whom the employee has a duty of support.

(2) Payment of an employee’s legal judgment.

(3) Garnishment or deduction of an employee’s wages pursuant to a court order.

(4) Payment of an employee’s loan or obligation to a commercial lending institution.

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Section § 1152

This law allows employee organizations and legitimate associations to request that membership dues and fees be deducted directly from their members' salaries. Employers must comply with these requests. Organizations can also request deductions for other membership benefits, while associations are limited to dues and fees. If a member's dues aren't deducted, the Controller won't make deductions for any benefits.

Deductions may be requested by employee organizations and bona fide associations from the salaries and wages of their members, and public employers shall honor these requests, as follows:

(a) Employee organizations may request membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization.

(b) Bona fide associations may request membership dues and initiation fees.

The Controller shall not be required to make any benefit deductions for an employee member whose membership dues are not deducted.

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Section § 1153

This law details how the Controller of California manages payroll deductions for state employees. The Controller can make, cancel, or change deductions when requested by authorized persons or organizations, using approved forms. Certifications are needed from those requesting deductions, ensuring they have authorization from the employee.

Liability is shifted from the state for any errors after a certain period, except for financial institutions, which have different reimbursement rules. Costs for services are determined and collected from the requester, with adjustments needing prior employee notification. Only recognized organizations are eligible for certain deductions.

The Controller can refuse deductions if impractical or non-compliant. Changes in deductions are processed promptly, with the Controller relying on information from employee organizations, which must handle their own requests and indemnify the Controller against claims. Transfers between benefit providers are allowed if terms remain substantially the same, with affected employees being notified.

The Controller shall provide for the administration of payroll deductions as set forth in Sections 1151, 1151.5, and 1152, salary reductions pursuant to Section 12420.2, and may establish, by rule or regulation, procedures for that purpose.

In administering these programs the Controller shall:

(a) Make, cancel, or change a deduction or reduction at the request of the person or organization authorized to receive the deduction or reduction. All requests shall be made on forms approved by the Controller.

(b) Obtain a certification from any state agency, employee organization, or business entity requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the Controller unless a dispute arises about the existence or terms of the authorization.

(c) Provide for an agreement from individuals, organizations, and business entities receiving services to relieve the state, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions or reductions. However, no financial institution receiving a payroll service pursuant to this section shall be required to reimburse the state for any error in the payroll service received by that financial institution after 90 days from the month in which the payroll service was deducted from an individual’s paycheck.

(d) Determine the cost of performing the requested service and collect that cost from the organization, entity, or individual requesting or authorizing the service. Services requested which are incidental, but not necessary, to making the deduction may be performed at the Controller’s discretion with any additional cost to be paid by the requester. At least 30 days prior to implementation of any adjustment of employee costs pursuant to Section 12420.2, the Controller shall notify in writing any affected employee organization.

(e) Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized, certified, or registered by the appropriate authority.

(f) Decline to make a deduction for any individual, organization, or entity if the Controller determines that it is not administratively feasible or practical to make the deduction or if the Controller determines that the individual, organization, or entity requesting or receiving the deduction has failed to comply with any statute, rule, regulation, or procedure for the administration of deductions.

(g) After receiving notification from an employee organization that it possesses a written authorization for deduction, commence the first deduction in the next pay period after the Controller receives the notification. The employee organization shall indemnify the Controller for any claims made by the employee for deductions made in reliance on that notification.

(h) Make, cancel, or change a deduction or reduction not later than the month subsequent to the month in which the request is received, except that a deduction for an employee organization may be revoked only pursuant to the terms of the employee’s written authorization. Employee requests to cancel or change deductions for employee organizations shall be directed to the employee organization, rather than to the Controller. The employee organization shall be responsible for processing these requests. The Controller 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 Controller for any claims made by the employee for deductions made in reliance on that information. Except as provided in subdivision (c), all cancellations or changes shall be effective when made by the Controller.

(i) At the request of a state agency, transfer employee deduction authorization for a state-sponsored benefit program from one provider to another if the benefit and the employee contribution remain substantially the same. Notice of the transfer shall be given by the Controller to all affected employees.

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Section § 1156

This law explains that eligible employees in California may choose to receive certain benefits instead of part of their salary through a flexible benefits program. An eligible employee generally includes supervisory, managerial, confidential employees, or certain state employees as defined by specific sections or the Constitution. The program is subject to federal regulations and eligibility requires proof of health insurance coverage. The Flexelect Benefit Fund is created to manage funds and administrative costs involved in these flexible benefit programs.

(a) Any eligible employee who is participating in a flexible benefits program may elect to receive one or more benefits that qualify to be excluded from gross income in lieu of a portion of his or her salary.

(b) For purposes of this section, an “eligible employee” means any of the following:

(1) An employee excluded from the definition of “state employee” in Section 3513.

(2) A “managerial employee” as defined in Section 3513.

(3) A “confidential employee” as defined in Section 3513 and Section 3562.

(4) A “supervisory employee” as defined in Section 3580.3.

(5) An officer or employee of the State of California in the executive or judicial branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2.

(6) A “state employee,” as defined by Section 3513 or employed by the state as provided for in Article VI of the Constitution.

(c) Any eligible employee participating in the flexible benefits program shall be subject to federal laws and implementing regulations of the Department of Human Resources which affects the flexible benefit program throughout the period of the employee’s enrollment.

(d) Unless the trustee or the administrator of the state’s flexible benefit program is the Controller or another state officer, that program shall be administered in compliance with the federal Employee Retirement Income Security Act of 1974 (ERISA: 29 U.S.C. Sec. 1001 et seq.).

(e) As a condition of participating in a flexible benefits program, each eligible employee shall provide evidence, in a manner satisfactory to the Department of Human Resources, that the employee is covered by a basic health benefits plan, and his or her agreement to remain covered for the period of participation in the flexible benefits plan.

(f) There is in the State Treasury the Flexelect Benefit Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the flexible benefits program and to pay the related administrative costs. The fund shall consist of the amounts received from state employee compensation excluded from gross income and transmitted to the Flexelect Benefit Fund, income of whatever nature earned on the money in the Flexelect Benefit Fund during any fiscal year and credited to the fund, and amounts appropriated therefor in the annual Budget Act and other statutes.

(g) On or after July 1, 1990, any funds remaining in the State Employees’ Dependent Care Assistance and Health Care Assistance Fund shall be transmitted into the account in the Flexelect Benefit Fund for the administrative expenses of the Controller’s office to pay the related administrative costs.

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Section § 1156.1

This law allows eligible state employees in California to join the State Employees’ Pretax Parking Payroll Deduction Program. When they do, part of their pay, equal to parking costs, isn't counted as taxable income, thanks to tax regulations. The Department of Human Resources manages this program and the related fund, which uses this untaxed money for program purposes. Eligibility includes state employees, certain excluded employees, and some executive branch officers. The collected funds are placed in a special State Treasury fund that doesn't depend on yearly budget appropriations.

(a) Any eligible employee may elect to participate in the State Employees’ Pretax Parking Payroll Deduction Program. The program shall be administered by the Department of Human Resources. An amount equivalent to the value of the parking, to the extent permitted by Internal Revenue Code Section 132, shall be excluded from the gross income of the employee, in lieu of a portion of the employee’s compensation, and shall be transmitted to the State Employees’ Pretax Parking Fund. Each eligible employee electing to participate in the program, for the period that he or she is enrolled as a participant in the program, shall be subject to the applicable federal law and regulations and related state administrative regulations adopted by the Department of Human Resources.

(b) For purposes of this section, an “eligible employee” means any of the following:

(1) A “state employee,” as defined in Section 3513.

(2) An “excluded employee,” as defined in Section 3527.

(3) An officer or employee of the State of California in the executive branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2.

(c) There is in the State Treasury the State Employees’ Pretax Parking Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the State Employees’ Pretax Parking Payroll Deduction Program. The fund shall consist of the amounts received from employee compensation excluded from gross income and transmitted to the State Employees’ Pretax Parking Fund pursuant to subdivision (a).

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Section § 1157

This law allows employees of public agencies in California to authorize automatic deductions from their paychecks for various insurance premiums, such as life, health, or automobile liability insurance. They can also authorize deductions for payments to nonprofit membership organizations that cover medical, hospital, or legal services.

Additionally, county boards can permit employees to have deductions made for long-term care insurance premiums. It's important that these plans are approved by the agency's governing body, and any marketing materials must clarify that the retirement association, not the county, approves the long-term care insurance.

(a) Officers and employees of a public agency, other than those under the uniform payroll system provided for in Article 5 (commencing with Section 12470) of Chapter 5 of Part 2 of Division 3 of Title 2, may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of premiums on life, accident, health, disability, legal expense, or automobile liability insurance, or on any two or more, under a system of insurance approved by or adopted and carried into effect by the governing body, or for the payment of premiums on National Service Life Insurance or United States Government Converted Insurance. Officers and employees of the public agency may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of dues or subscription charges of nonprofit membership corporations for defraying the cost of medical service (including services rendered by doctors of medicine, doctors of osteopathic medicine, or doctors of chiropractic), or hospital care, or legal services, or, any of them, under system of medical service, or hospital care, or legal services, or, any of them, approved by or adopted and carried into effect by the governing body.

(b) The board of supervisors may, by resolution, permit officers and employees of a county to authorize deductions from their salaries or wages for the premiums on long-term care insurance established pursuant to Article 8.8 (commencing with Section 31696.1) of Chapter 3 of Part 3 of Division 4 of Title 3 or pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 and approved by, or adopted and carried into effect by, the retirement association. Materials offering that long-term care insurance shall specify that the long-term care insurance is approved by, or adopted and carried into effect by, the retirement association and not by the county.

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Section § 1157.1

This law allows employees of a public agency to have money deducted directly from their paychecks to pay for dues or services from certain associations. The associations must be made up only of employees from the same public agency, or employees from several public agencies if they all share the same payroll officer. Former employees can also be members if they joined while working at the agency and were members when they left.

Employees of a public agency, on approval of and in accordance with the provisions made by the governing body of the public agency, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such public agency, or (b) whose members are comprised exclusively of the employees of such public agency and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such public agency or agencies as provided in (a) or (b) above, together with former employees of such public agency or agencies if such former employees (1) were employees of such public agency or agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees.

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Section § 1157.2

This law allows employees of public agencies to have money deducted from their salaries if they want to donate to charity. The governing body of the agency must approve and set up the rules for these deductions. The money can go directly to recognized charitable organizations or to a nonprofit that must, by its rules, donate the funds to charitable groups.

With the approval of the governing body of a public agency and under such regulations as it may prescribe, employees of the public agency may authorize deductions to be made from their salaries or wages either for the payment of contributions to bona fide charitable organizations or for the payment of designated sums to a nonprofit California corporation which is compelled by its by-laws to make, and which does expend such sums solely by the making of, contributions to bona fide charitable organizations.

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Section § 1157.3

This law allows employees and retired employees of a public employer to have money deducted from their paychecks or retirement allowances to pay for membership dues or participate in services provided by employee organizations. These organizations aim to improve employment conditions. Public employers must respect these deduction requests based on the terms set by the employee's authorization.

(a) Employees, including retired employees, of a public employer in addition to any other purposes authorized in this article, may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service, program, or committee provided or sponsored by, any employee organization or bona fide association whose membership is comprised, in whole or in part, of employees of the public employer and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees.

(b) The public employer shall honor employee authorizations for the deductions described in subdivision (a). The revocability of an authorization shall be determined by the terms of the authorization.

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Section § 1157.4

This law allows employees of large counties (with over 20,000 employees) in California to have deductions from their paychecks for dues or services related to certain associations. These associations should consist only of the county employees (excluding city and county employees), or those employees from related public agencies. To qualify for dues deductions, an employee organization should have membership from at least 1% of the county's workforce unless it is a recognized majority representative organization.

Even if an employee organization had met the 1% requirement by April 30, 1973, and later falls below that threshold, it can still qualify for deductions. Additionally, employees are capped at having payroll deductions for no more than two organizations.

(a) Employees of a county employing more than 20,000 persons, other than a city and county, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such county, other than a city and county, or (b) whose members are comprised exclusively of the employees of such county, other than a city and county, and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such county, other than a city and county, or agencies as provided in (a) or (b) above, together with former employees of such county, other than a city and county, or agencies if such former employees (1) were employees of such county, other than a city and county, or other agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees.

In addition to the other requirements of this section, any employee organization for which dues are to be deducted from pay warrants shall have in membership at least 1 percent of the employees of such county, other than a city and county, provided that an employee organization which is formally recognized as the majority representative of employees of such county, other than a city and county, in an established employee representational unit shall qualify as an employee organization for which dues are to be deducted from pay warrants.

(b) Notwithstanding subdivision (a), an employee organization which has in membership at least 1 percent of the total number of employees of such county, other than a city and county, on April 30, 1973, and which, on April 30, 1973, was an employee organization for which dues could be deducted from pay warrants, shall not lose such qualification for the reason that such employee organization does not have after April 30, 1973, a membership of at least 1 percent of the total number of employees of such county, other than a city and county.

(c) No employee may have deductions for more than a total of two organizations under this section and under Section 1157.5.

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Section § 1157.5

This law allows employees, including retired ones, who work for a county with more than 20,000 employees (excluding city and county employees) to have money deducted from their paychecks or retirement checks. This money can then be used to pay membership dues or for services provided by a legitimate organization that represents county employees. The organization's goal must include improving working conditions and employee welfare.

Employees, including retired employees, of a county, other than a city and county, employing more than 20,000 persons in addition to any other purposes authorized in this article may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service provided by, any bona fide organization whose membership is comprised, in whole or in part, of employees of such county, other than a city and county, and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of such employees.

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Section § 1157.6

Retired employees from public agencies (excluding school districts) and their eligible surviving spouses can choose to have deductions taken from their retirement or survivor benefits to pay dues to associations made up entirely or partly of retired agency employees. However, this requires approval from the agency's governing body.

Retired employees of a public agency, other than a school district, or eligible surviving spouses of such retired employees, on approval of the governing body of such public agency, in addition to any other purposes authorized in this article, may authorize deductions to be made from their retirement or survivors’ allowances for the payment of dues in any bona fide association whose membership is comprised in whole or in part of retired employees of such public agency in accordance with provisions made by the governing body of the public agency.

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Section § 1157.7

This law allows employees of a large public agency (with more than 20,000 employees) to have their membership dues automatically deducted for joining an ethnic employee organization. The organization must have been operating before January 1, 1981, and should primarily represent ethnic minority employees in civil rights matters related to their employment. However, it cannot engage in negotiations with the agency over job scope issues.

Employees of a public agency employing more than 20,000 persons, other than a city and county, may authorize dues deductions for membership in an ethnic employee organization operating within the public agency prior to January 1, 1981, which includes ethnic minority employees and which has as its primary purpose representing those employees in their employment civil rights with the employer. This purpose shall not include meeting and conferring with the public agency concerning matters within the scope of representation pursuant to Chapter 10 (commencing with Section 3500).

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Section § 1157.8

Public agency employees in California can choose to have money taken out of their pay for buying U.S. savings bonds. The finance offices of these agencies must handle these requests and set up special accounts to save the money needed to buy the bonds. The money collected in these accounts is considered trust funds, meaning it must be used specifically for this purpose.

Officers and employees of public agencies may authorize deductions to be made from their salaries or wages for the purchase of United States savings bonds in accordance with provision made by the governing body of the public agency.

All auditors, treasurers, and other disbursing officers of public agencies are authorized to recognize and act upon these requests for salary or wage deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of United States savings bonds. All funds so accumulated are trust funds.

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Section § 1157.9

This law allows officers and employees of public agencies to arrange for their wages and salaries to be directly deposited into bank accounts, savings accounts, or credit unions in California. They can also choose to use their wages to buy investment or thrift certificates from state-licensed industrial loan companies. Public agency officials who handle finances, like auditors and treasurers, can approve and process these wage assignments.

Officers and employees of public agencies may authorize wage and salary deductions for deposit into an account with a state or federal bank or savings and loan association located in this state, or for the purchase of shares in, or the payment of money to, any regularly chartered credit union, or for the purchase of any investment or thrift certificate issued by an industrial loan company licensed by this state. Auditors, treasurers, and other disbursing officers of any public agency other than a state agency are authorized to recognize and act upon these wage or salary assignments.

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Section § 1157.10

This law sets the rules for how payroll deductions work for state employees in public agencies not using the uniform payroll system. It requires the designated agency officer to manage these deductions.

The officer must handle requests to make, cancel, or change deductions, and he or she must use approved forms for these actions. They're also required to get certification from anyone requesting a deduction that they have the employee's permission in writing. Employee organizations don't have to show individual authorizations unless there's a dispute.

The law also mandates agreements from deduction recipients to protect the agency from any related liability. Costs for carrying out deduction services are determined by the agency and collected from the requester. Before deductions are made for employee organizations, the agency needs to ensure these are officially recognized.

Agencies can refuse deductions if they're impractical, and they must act on deduction requests by the month after receiving them. Employee organization deduction cancellations or changes must go through the organization, which will handle requests and indemnify the agency if issues arise. All deduction actions are final once completed by the agency.

Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer of the public agency. In administering payroll deductions the officer shall do all of the following:

(a) Make, cancel, or change a deduction at the request of the person or organization authorized to receive the deduction. All requests shall be on forms approved by the public agency.

(b) Obtain a certification from any state agency, employee organization, or business entity requesting a deduction that they have, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public agency unless a dispute arises about the existence or terms of the authorization.

(c) Provide for an agreement from organizations and business entities receiving deductions to relieve the public agency, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions.

(d) Determine the cost of performing the requested deduction service and collect that cost from the organization, entity, or individual requesting or authorizing the deduction. Services requested which are incidental, but not necessary, to making the deduction may be performed at the public agency’s discretion, with any additional cost to be paid by the requester.

(e) Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized or registered by the appropriate authority.

(f) Decline to make deductions for any individual, organization, or entity if the public agency determines that it is not administratively feasible or practical to make the deduction.

(g) Make, cancel, or change a deduction not later than the month subsequent to the month in which the request is received, except that a deduction for an employee organization can be revoked only pursuant to the terms of the employee’s written authorization. Employee requests to cancel or change deductions for employee organizations shall be directed to the employee organization, rather than to the public agency. The employee organization shall be responsible for processing these requests. The public agency 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 public agency for any claims made by the employee for deductions made in reliance on that information. All deductions, cancellations, or changes shall be effective when made by the public agency.

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Section § 1157.11

This law allows officers and employees of counties in California with populations over 8 million to have money deducted from their paychecks for buying certain securities, like bonds and notes. These securities can be issued by the county, joint powers authorities, public districts governed by the county, or nonprofit corporations helping the county with projects. The governing body of the county sets the terms for these deductions. The county's financial officers can handle these requests and set up special accounts to help employees save money for purchasing these securities, considering them trust funds.

(a) Officers and employees of a county with a population of over 8,000,000, may authorize deductions to be made from their salaries or wages for the purchase of securities issued by any of the following:

(1) The county.

(2) Any joint powers authority created pursuant to an agreement to which the county is a party entered into pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7.

(3) Any public district which is governed by the governing body of the county.

(4) Any nonprofit public benefit corporation created by the governing body of the county for the purpose of assisting the county in financing capital projects and equipment purchases, provided the corporation is deemed to be an instrumentality of the county for federal income tax purposes.

(b) In each case, the deductions shall be made in accordance with provisions made by the governing body of the county.

(c) For purposes of this section, “securities” includes bonds, notes, warrants, lease or installment sale obligations represented by certificates of participation, or other evidences of indebtedness.

(d) The auditor, the treasurer, and other disbursing officers of the county are authorized to recognize and act upon the requests for wage or salary deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of securities as authorized by this section. All funds so accumulated are trust funds.

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Section § 1157.12

This law applies to public employers, not including the state, who manage payroll deductions for employee organizations. These employers must rely on certifications from the employee organizations stating they have authorization from employees for any payroll deductions. Copies of individual authorizations aren't required unless there's a dispute. The employee organization must cover any claims related to deductions.

If employees want to cancel or change deductions, they should contact the employee organization directly, not the employer. The public employer follows the organization's guidance on cancellations or changes, relying on the employee organization's information and must be indemnified by them against any claims related to reliance on their information. Deductions can only be revoked based on the employee’s written agreement.

Public employers other than the state that provide for the administration of payroll deductions authorized by employees for employee organizations as set forth in Sections 1152 and 1157.3 or pursuant to other public employee labor relations statutes, shall:

(a) Rely on a certification from any employee organization requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public employer unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that certification.

(b) Direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public employer. The public employer 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 public employer for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee’s written authorization.

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Section § 1158

This section means that any laws stopping people from assigning, ordering, or controlling wages or salaries don't affect the powers granted in this particular article. In simpler terms, the specific powers outlined in this article are not limited by other wage-related laws.

No provision of law prohibiting, restricting or limiting the assignment or order for wages or salaries in any way prohibits, restricts or limits the powers conferred in this article.

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Section § 1159

This law protects public employers, employee organizations, and their agents from being sued for collecting 'agency' or 'fair share' fees from public employees if those fees were collected legally before June 27, 2018. It doesn't apply to claims about these fees made after that date and doesn't suggest that any other financial remedies would be available otherwise.

The law applies to any related claims, whether they were made before or after this section was effective, and aims to clarify what was already established in state law. It ensures that past fees paid for union representation services, as permitted by state law, don't have to be refunded. It also helps maintain stability in labor relations after a significant Supreme Court decision regarding such fees.

(a) The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018.

(b) This section shall apply to claims and actions pending on its effective date, as well as to claims and actions filed on or after that date.

(c) The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available.

(d) For purposes of this section:

(1) “Employee organization” means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated.

(2) “Public employer” means any public employer, including, but not limited to, the state, the Regents of the University of California, the Trustees of the California State University, the California State University, the Judicial Council, a trial court, a city, a county, a city and county, a school district, a community college district, a transit district, any public authority, public agency, or any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of California.

(e) The Legislature finds and declares:

(1) Application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and Supreme Court precedent prior to June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and Supreme Court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests.

(2) This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the Supreme Court’s decision in Janus v. American Federation of State, County, and Mun. Employees, Council 31 (2018) 138 S.Ct. 2448.

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General

GeneralSalary and Wage Deductions