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Kettenring v. Los Angeles Unified School District
Filed October 9, 2008, Second District, Div. One
Cite as 2008 SOS 5696


Compensation structure for Adult Education Teacher Found Lawful

Ernest Kettenring (Kettenring) was an adult education teacher at Los Angeles Unified School District (LAUSD)

He was paid an amount equivalent to the product of a flat hourly rate and hour spent for classroom teaching pursuant to the collective bargaining agreement.

The agreement specifically provided that “adult education teachers are compensated on a flat hourly rate for each unit-hour of classroom instruction. The rate includes step advancement and increases based on years of teaching experience.”

Kettenring filed a suit seeking to recover the unpaid hourly wages for working outside of classroom instruction.

He contended that LAUSD failed to pay the amount equivalent to the additional time spent for the preparation, grading and other class related tasks.

However, the trial court ruled that the Labor Code’s minimum wage provisions did not apply to LAUSD.

Consequently, Kettenring filed a petition for a writ of mandate claiming that the structure as applied to part-time adult education teachers was in violation of the Education Code.

When the trial court denied the petition, Kettenring appealed.

The appeal court affirmed the findings of the trial court. Its ruling was based on the following bases:

  • Adult education teachers receiving a “salary” were exempt from the application of  the California Industrial Welfare Commission Wage Order 4-2001

    The order provided that “employers must pay employees no less than applicable minimum wage for all hours worked in a payroll period but exempted anyone licensed and certified by state engaged in "teaching" who earns a monthly "salary."

    Since Kettenring still received a” salary”, he was exempt.

  • The Education Code Sec. 45025 requiring proportional compensation for part-time employees was inapplicable to adult education teachers

    Adult education teachers like Kettenring were considered temporary employees under Sec. 44929.25.

    In fact, in the case of Peralta Federation of Teachers v. Peralta Community College District, 24 Cal.3d 369 (1979), §44919, the court classified as temporary those adult education teachers teaching for four months or less of any school term.

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