Bill Text: CA AB2230 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Overtime compensation: private elementary or secondary academic institutions: teachers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 314, Statutes of 2016. [AB2230 Detail]

Download: California-2015-AB2230-Amended.html

---

BILL NUMBER: AB 2230	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  MAY 9, 2016

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2016

    An act to amend Section 5811 of the Labor Code, relating
to workers' compensation.   An act to amend Section
515.8 of the Labor Code, relating to employment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2230, as amended, Chu.  Workers' compensation: language
interpreters.   Overtime compensation: private
elementary or secondary academic institutions: teachers.  
   Existing law provides that 8 hours of labor constitutes a day's
work. Under existing law, any work in excess of 8 hours in one
workday and any work in excess of 40 hours in any one workweek, and
the first 8 hours worked on the 7th day of work in any one workweek,
is required to be compensated at the rate of no less than 11/2 times
the regular rate of pay for an employee. Existing law also provides
that hours worked in excess of 12 hours in one day as well as hours
worked in excess of 8 hours on any 7th day of work are to be
compensated at the rate of no less than twice the regular rate of pay
of an employee. Existing law exempts from these provisions an
individual employed as a teacher at a private elementary or secondary
academic institution if specified requirements are met, including,
among others, that the employee earns a monthly salary equivalent to
no less than 2 times the state minimum wage for full-time employment.
 
   This bill would suspend that earnings standard until July 1, 2017.
On and after that date, the bill would prescribe a revised earnings
standard for exemption from the overtime provisions described above
that would require the employee to earn no less than the lowest
salary offered by any school district or the equivalent of no less
than 70% of the lowest schedule salary offered by the school district
or county in which the private elementary or secondary institution
is located, as specified.  
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, that generally requires employers to secure
the payment of workers' compensation for injuries incurred by their
employees that arise out of, or in the course of, employment.
Existing law requires an employer to provide all medical, surgical,
chiropractic, acupuncture, and hospital treatment that is reasonably
required to cure or relieve the injured worker from the effects of
his or her injury, and makes the employer liable for the reasonable
expense incurred by or on behalf of the employee in providing
treatment, as specified. Existing law authorizes a qualified
interpreter to render services in various settings for purposes of
workers compensation claims. Existing law prohibits an interpreter
from disclosing to any person who is not an immediate participant in
the communications the content of the conversations or documents that
the interpreter has interpreted or transliterated unless the
disclosure is compelled by court order.  
   This bill would expressly include within this prohibition the
disclosure of any communication or transliteration involving
attorney-client privileged communications, and would make additional
nonsubstantive conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 515.8 of the   Labor
Code   is amended to read: 
   515.8.  (a) Section 510 does not apply to an individual employed
as a teacher at a private elementary or secondary academic
institution in which pupils are enrolled in kindergarten or any of
grades 1 to 12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3)  The   On and after July 1, 2017, the
 employee earns  a monthly salary equivalent to no less
than two times the state minimum wage for full-time employment.
  the greater of the following:  
   (A) No less than 100 percent of the lowest salary offered by any
school district to a person who is in a position that requires the
person to have a valid California teaching credential and is not
employed in that position pursuant to an emergency permit, intern
permit, or waiver.  
   (B) The equivalent of no less than 70 percent of the lowest
schedule salary offered by the school district or county in which the
private elementary or secondary academic institution is located to a
person who is in a position that requires the person to have a valid
California teaching credential and is not employed in that position
pursuant to an emergency permit, intern permit, or waiver. 
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity. 
  SECTION 1.    Section 5811 of the Labor Code is
amended to read:
   5811.  (a) No fees shall be charged by the clerk of any court for
the performance of any official service required by this division,
except for the docketing of awards as judgments and for certified
copies of transcripts thereof. In all proceedings under this division
before the appeals board, costs as between the parties may be
allowed by the appeals board.
   (b) (1) It shall be the responsibility of any party producing a
witness requiring an interpreter to arrange for the presence of a
qualified interpreter.
   (2) A qualified interpreter is a language interpreter who is
certified, or deemed certified, pursuant to Article 8 (commencing
with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of
Title 2 of, or Section 68566 of, the Government Code. The duty of an
interpreter is to accurately and impartially translate oral
communications and transliterate written materials, and not to act as
an agent or advocate. An interpreter shall not disclose to any
person who is not an immediate participant in the communications the
content of the conversations or documents that the interpreter has
interpreted or transliterated, including, regardless of the
circumstances of where or how the communication occurred, any
communication or transliteration involving attorney-client privileged
communications, unless the disclosure is compelled by court order.
An attempt by any party or attorney to obtain disclosure, including,
regardless of the circumstances of where or how the communication
occurred, disclosure of any communication or transliteration
involving attorney-client privileged communications, is a bad faith
tactic that is subject to Section 5813.
   (3) Interpreter fees that are reasonably, actually, and
necessarily incurred shall be paid by the employer under this
section, provided they are in accordance with the fee schedule
adopted by the administrative director.
    (4) A qualified interpreter may render services during the
following:
   (A) A deposition.
   (B) An appeals board hearing.
   (C) A medical treatment appointment or medical-legal examination.
   (D) During those settings which the administrative director
determines are reasonably necessary to ascertain the validity or
extent of injury to an employee who does not proficiently speak or
understand the English language.