[Congressional Record Volume 141, Number 123 (Thursday, July 27, 1995)]
[Extensions of Remarks]
[Page E1530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          EMPLOYEE LEGISLATION

                                 ______


                       HON. GEORGE P. RADANOVICH

                             of california

                    in the house of representatives

                         Thursday, July 27, 1995

  Mr. RADANOVICH. Mr. Speaker, today I am introducing legislation that 
will resolve an issue of great concern to employees of our Nation's 
community colleges.
  Under current Labor Department interpretation of the Fair Labor 
Standards Act, classified employees of community colleges--
instructional aides, bus drivers, groundskeepers, and other school 
support personnel--are prevented from pursuing an expanded role as 
instructors.
  Many classified employees earn academic certification in order to 
teach certain courses at the community college where they are employed. 
Unfortunately, current law makes it cost-prohibitive for community 
colleges to allow these employees to each in addition to their regular 
duties.
  The legislation I am introducing today will allow classified 
employees of community colleges to teach, in addition to their regular 
duties, without violating the overtime provisions of the Fair Labor 
Standards Act.
  The Department of Labor's requirement that classified employees must 
be paid a blended overtime rate that reflects both their compensation 
for their full-time work in a classified capacity and the higher rate 
as instructors makes the use of these workers impractical.
  If these employees were paid a time-and-a-half overtime rate computed 
solely on their classified wage, the costs would diminish substantially 
and community colleges would be able to utilize these workers, who 
already have a commitment to education and want to pursue an expanded 
role as instructors.
  My bill has been endorsed by the California School Employees 
Association and the American Association of Classified School 
Employees.
  I urge my colleagues to join me and the cosponsors of this bill in 
supporting this much needed change in the law.


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