An Administrator's Guide to California Private School Law

Chapter 4 - Employment Contracts And Separation Of Employees

An employee’s workweek is not the same thing as an employee’s work schedule. For example, an employee’s designated seven-day workweek could be from 12:01 a.m. on Monday to 12:00 a.m. the following Sunday. Within that workweek, the employee’s work schedule could be Monday through Friday from 8:00 a.m. to 4:00 p.m.

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While employees who are properly classified as exempt are not hourly employees and are not entitled to overtime under California or Federal law, this provision serves to specify when they are required to be on campus or in the workplace. This provision may also explain that the exempt employee understands and agrees that his or her compensation includes and encompasses responsibilities for planning instruction, grading, and attending or otherwise participating in school-sponsored activities after school, in the evenings, and/or on the weekends relevant to the employee’s job and as requested by a supervisor. C. S ATISFACTION OF L EGAL R EQUIREMENTS Some schools add a provision that states the employee’s employment is contingent upon his/her satisfaction of legal and/or school requirements. These requirements may include: (1) documentation that the employee is eligible to work lawfully in the United States, including the employee’s immigration/citizenship status (Form I-9); (2) compliance with and successful completion of fingerprinting requirements; (3) compliance with the tuberculosis risk assessment/testing requirements set forth in California Health and Safety Code sections 121525- 121555; and (4) thorough review of the California Child Abuse & Neglect Reporting Act. D. E MPLOYEE ’ S D UTIES A ND A UTHORITY This provision is essential for any employment agreement or contract. It is important for a school to clearly define the job responsibilities and duties associated with the position that serves as the basis for the contract. Not only does this manage the expectations of the employee, but also may serve as the basis for termination or discipline should that individual fail to meet the job responsibilities that are clearly contained within the employment contract. A provision defining the job responsibilities and duties of the position will also greatly assist the school and employee in the event that the employee is or becomes disabled and makes a request for reasonable accommodation. In participating in the disability interactive process, the employee’s doctor can review the essential job duties to assess whether the employee has any work restrictions or limitations. The school and employee can use the job duties to determine if the employee can perform his or her job with or without reasonable accommodation. Further, in order to effectuate a harmonious employment relationship and, again, manage expectations, a school should also clearly define what authority, if any, is associated with the position. This provision allows a school to describe the hierarchy of the school’s administration and adequately explain any supervisory responsibilities that may be encompassed within the position.

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