Copyright© 1999 by School Services of California, Inc.

October 1, 1999

Ask SSC. . .

Do the New Overtime Rules in AB 60 Apply
to Community Colleges?

Q. AB 60, recently passed and signed into law, becomes effective January 1, 2000. Labor Code Section 510 defines the standard work day as eight hours of work. Any employee working more than a 12-hour day must be compensated at twice his/her regular rate of pay. It is my understanding that the new Labor Code Section 510 establishes exemptions which include state and local government employees. Are community college districts therefore exempt - i.e., classified employees?

A. The new Labor Code Section 510 does establish exemptions to the general standard of overtime. It appears that the exemption includes only state and local government employees. In general terms, the education community monitors the Labor Code because the Education Code is quick to mirror new Labor Code provisions. Community college district employers are bound by Education Code Sections 88027, 88028, 88029 and 88030. These Code sections provide specific requirements for governing boards to provide compensation for overtime when that required time is in excess of eight hours in any one day and in excess of 40 hours in any calendar week. Therefore, AB 60, which enacts the Eight-Hour Day Restoration In Workplace Flexibility Act, has zero effect on community college districts regarding current overtime rules found in the Education Code sections noted above.

-- Carol Berg