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AB 3105—Clarifies Eligibility for Labor Law Exemptions for Instructors at Private Institutions of Higher Education

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 25, 2024

Existing law exempts employees from certain wage and hour provisions provided they meet certain criteria, such as providing instruction for a course or laboratory at an independent institution of higher education. Specifically, such employees are classified as exempt “professional employees.”

Assembly Bill 3105 (AB 3105) clarifies the definition of an independent institution of higher education for purposes of these exemptions by including institutions whose formation as a nonprofit corporation occurred outside of California and excluding institutions whose formation occurred on or after January 1, 2023. The bill states that this amendment is declaratory of existing law.

(AB 3105 amends section 515.7 of the Labor Code.)

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