October 16, 2021

Volume XI, Number 289

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October 15, 2021

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October 14, 2021

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October 13, 2021

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AB 736 Expands Professional Exemption

On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, which expands the professional exemption under Industrial Welfare Commission (“IWC”) Wage Orders Nos. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California.

AB 736 amends the Labor Code to add Section 515.7, which states that an employee providing instruction for a course or laboratory at a private, non-profit college or university may be classified as exempt under the professional exemption if the employee meets both a duties and salary test. The duties test is unchanged from the existing professional exemption in the IWC Wage Orders, but the salary test has changed. Under AB 736, an employee can meet the salary test if the employee is paid either a monthly salary of two times the state minimum wage for full-time employment or is paid by the course or laboratory taught, provided that the employee’s compensation meets specific requirements contained in the statute.

AB 736 goes into effect immediately.

Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 255
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About this Author

Erika Barbara Pickles Employment Litigation Jackson Lewis Sacramento, CA
Of Counsel

Erika Barbara Pickles is Of Counsel in the Sacramento, California, office of Jackson Lewis P.C. She represents employers in workplace law matters, including preventive advice and counseling.

Ms. Pickles has defended employers in employment litigation, class actions, and arbitrations. Her practice has involved the full range of workplace-related claims, including but not limited to: wage and hour; discrimination, harassment and retaliation; and wrongful termination. She also assists employers in investigating and responding to administrative complaints before...

916-341-0404
Janelle J. Sahouria Associate San Francisco Class Actions and Complex Litigation General Employment Litigation
Associate

Janelle J. Sahouria is an Associate in the San Francisco, California, office of Jackson Lewis P.C.

Her practice includes defending employers in a broad array of employment matters, including wage and hour, discrimination, harassment, retaliation, whistleblower, unfair competition, and class actions. She also counsels clients on human resources policies and employee relations to prevent litigation.

Prior to joining Jackson Lewis, Ms. Sahouria developed significant experience in complex litigation, in both federal and state jurisdictions and in...

415-394-9400
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