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A pair of recent court decisions may bode well for the state’s part-time community college professors, known as adjuncts, who have argued for years that they work unpaid hours to meet students’ needs.
In Southern California, roughly 1,200 adjuncts who brought a class-action lawsuit against the Long Beach Community College District in 2022 are preparing for mediation to resolve claims of lost pay.
A judge would have to approve any settlement.
That the case proceeded to mediation after a judge denied a district motion to throw it out “is having a pretty substantial impact” in California as some districts are “looking at renegotiating their terms by which they’re paying adjunct faculty,” said Eileen Goldsmith, a San Francisco labor lawyer who represents the Long Beach plaintiffs. “Our case really started that process.”
A spokesperson for the Long Beach district said she could not comment on ongoing litigation.
Many issues cited in both suits were detailed in EdSource’s 2022 series Gig by Gig at California Community Colleges. Adjuncts routinely claim they are exploited by only being paid for time spent teaching, not for designing syllabi, grading, and answering student emails. Yet they are considered the backbone of the community college system, numbering more than 30,000.
In Sacramento County, a Superior Court judge ruled in March in a separate 2022 lawsuit that adjuncts working at colleges across the state are employees of the community college system’s board of governors — a decision that could lead to uniformity in pay across the 116-college system, said Dan Galpern, a lawyer for John Martin, the plaintiff in the case. Martin, an adjunct in the Shasta and Butte community college districts, is also chair of the California Part-Time Faculty Association.
He claims in the lawsuit that the board and districts violated state wage-and-hour laws by not paying for time spent preparing for classes, writing curriculum, grading, and interacting with students outside of class.
Lawyers for the community college system sought to have the suit thrown out, arguing that adjuncts work for local districts, not the state.
In a decision rejecting the request for dismissal, Judge Jill H. Talley wrote that because “the statutory scheme of the community colleges” requires the board of governors “to provide oversight, establish minimum employment standards, and to advise local community college districts on the implementation of state laws,” the board has “an obligation that extends to faculty wages.”
Martin called the judge’s decision to go forward “a big victory.”
The decision may be appealed.
California Community Colleges “does not control the wages, hours, and working conditions of part-time professors at local community college districts, which are established through collective bargaining at each individual district,” Melissa Villarin, spokesperson for the chancellor’s office, wrote in an email.
“The chancellor’s office is disappointed that it was unable to persuade (Talley) to adopt its motion for summary judgment, and will evaluate its legal options as this litigation moves forward,” she said.
The favorable ruling in Martin’s case and the mediation in the Long Beach case are building momentum for adjuncts to continue to push for pay for all hours worked, said Karen Roberts, an art history professor for more than 20 years in Long Beach who is one of the lead plaintiffs in the case.
“I got into academia as an idealist,” Roberts said Tuesday. “Join the professor ranks and we’re all gonna join hands and sing Kumbaya.” But, she said, adjuncts can’t let themselves “be exploited. We live in a capitalist economy. We have a moral obligation to take care of ourselves financially.”
The lawsuit, should the mediation result in awards for lost pay, should motivate adjuncts to stay active in unions and trade groups, she said.
The suits are clearly being watched around the state and have the potential to have important impacts, Stephanie Goldman, the executive director of the Faculty Association of California Community Colleges, said in an interview Tuesday.
It’s too soon to know how they might impact college district funding through Proposition 98, the 1988 ballot measure that sets funding levels for K-12 schools and community colleges based on the state general fund.
“That’s a really big and heavy question,” Goldman said. “I think ultimately it depends on how the lawsuits turn out and the reasoning behind it.”
Still, she said, schools across California are carefully watching to see what happens.
“I don’t think anybody would be surprised if it had a ripple effect across the state,” she said.