The institution shall assure that each learning-aligned employment position meets all of the following conditions:

(a) The position shall be educationally beneficial or related to a particular career interest or the exploration of career options.

(b) The work performed by the student shall not be related to the activities of any sectarian organization or to any partisan or nonpartisan political activities.

(c) The employment of a learning-aligned employment student shall not displace workers currently employed by the participating employer, or impair existing contracts for services.

(d) The learning-aligned employment position shall not violate any applicable collective bargaining agreements, or fill any vacancies due to a labor dispute.

(e) The student shall be paid at a comparable rate to that paid for comparable positions within the employing organization. If the employing organization has no comparable position, the student shall be paid at a rate comparable to that paid by other organizations in the field for work involving comparable duties and responsibilities. The positions shall be compared on the basis of the nature of the work performed and the background and skills required for the position, and not upon the employee’s part-time or student status.

(f) The number of hours of learning-aligned employment the student is allowed to work shall be determined by each public postsecondary educational institution in accordance with its standards and practices, taking into consideration the extent of the student’s financial need and the potential harm of the combination of work and study hours on a student’s satisfactory academic progress. The employer shall provide the institution with an accurate accounting of hours worked and wages earned.

(g) The total compensation received by the student shall not exceed the total amount authorized by the institution.

(h) The employer shall provide the student with reasonable supervision.

(i) Funds appropriated under this article shall not supplant any state, federal, or institutional funds used to support existing paid positions for students in profit or nonprofit organizations.

(Amended by Stats. 2021, Ch. 144, Sec. 40. (AB 132) Effective July 27, 2021.)