Judges recently issued strong rulings in two class action lawsuits, one against Long Beach Community College District and the other against 11 Community College Districts and the California Community Colleges Board of Governors. The cases allege that part-time faculty are illegally required to do unpaid work outside the classroom such as grading, class preparation, and communicating with students.
In Rohkea & Roberts v. Long Beach Community College District, Judge Stuart M. Rice’s 22-page decision issued in late February could have ramifications across the state’s community college system. He found that the evidence established that plaintiffs there were “entitled to minimum wage protections of the Labor Code and Wage Order 4 [because] Defendant suffers them to work teaching-related duties outside of classroom teaching time, and that such work is not and cannot be covered by the pay they receive for classroom teaching.” In the course of his opinion, Judge Rice rejected the district’s arguments that state minimum wage rules didn’t apply to protect part-time faculty. The judge stayed his decision pending further proceedings, meaning that it didn’t take immediate effect.
In Martin et. al. v. Board of Governors et. al., the Board of Governors (BOG) filed a procedural motion for summary judgment, trying to get itself entirely out of this enforcement case brought by part-time faculty at numerous community college districts throughout the state.
The Martin case alleges that community college districts violate bedrock state labor law by failing to pay at least the state minimum wage for every hour of work that faculty undertake outside of class preparing lessons, developing and posting materials, grading papers or exams, communicating with students, and the like. It also alleges that the BOG violates state law by failing to ensure that the districts properly interpret and implement state law.
The Board claimed that it was not responsible for the Community Colleges’ failure to pay part-time faculty for all hours worked because it is not an employer of part-time faculty. But the Court denied the Board of Governors’ motion and its attempt to dismiss the case against it, finding that the Board is at-least an indirect employer of part-time faculty. This too is not a final resolution of the matter, but it means that the Board could possibly be held co-responsible with the districts in ensuring fair pay for part-time faculty. Attorneys in the Martin matter have also established a case inquiry page for readers with further questions or wishing to review the latest complaint.
Both rulings are major steps forward in the fight for part-time professors across California’s community college system.