Employing Adjunct Professors as Independent Contractors

First, adjunct professors necessarily are employees and not independent contractors under federal tax law, which makes the application of labor laws to these employees critical for university and college employers. Despite their status as employees, their relatively low compensation does not allow them to be considered exempt employees under conventional standards.

As a result, the California legislature enacted California Labor Code Section 515.7, which establishes adjunct professors at colleges and universities as professional employees exempt from state wage and hour laws. This law also creates a situation in which universities can avoid having adjunct professors submit timecards, much to the relief of both adjunctions and their university employers.

For adjunct professors to fall within exempt employee classification, they must qualify under a duties test and meet certain salary requirements. More specifically, adjunct faculty members must:

• be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession; and
• customarily and regularly exercise discretion and independent judgment about the performance of their duties.

A “learned or artistic profession” includes any of the following:

• Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily incident to any of the above work; or
• Work that is original and creative in character in a recognized field of artistic endeavor, as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training, and the result of which depends primarily on the invention, imagination, or talent of the employee, or work that is an essential part of or necessarily incident to any of the above work; and
• Whose work is predominantly intellectual and varied in character, as opposed to routine mental, manual, mechanical, or physical work, and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

Furthermore, adjunct faculty members must receive a monthly salary that is one of the following:

• at least twice the state minimum wage for at least 40 hours a week for every “classroom hour” worked;
• When employed per course or laboratory, a salary for a course or laboratory as calculated based on classroom hours; or
• When employed under a collective bargaining agreement, payment pursuant to that collective bargaining agreement, if the classification of employment in a professional capacity is expressly included in the collective bargaining agreement in unambiguous terms. The requirements of Section 514 that mandate the inclusion of provisions in a collective bargaining agreement are inapplicable.

A classroom hour is “the time spent in the primary forum of the course or laboratory, regardless of whether the forum is in-person or virtual.” The time that constitutes a classroom hour includes “all classroom or laboratory time, preparation, grading, office hours, and other course- or laboratory-related work for that course or laboratory.”

If adjunct faculty members do not meet these qualifications, they must be paid at a certain hourly rate. That rate began at $117 per hour in 2020, when the California legislature passed this law, and has increased with inflation over the years, reaching $152.10 per hour in 2026.

Frequently Asked Questions (FAQ)

How can a college determine whether adjunct professors meet the “professional employee” exemption?

Institutions must look at both job duties and compensation structure. The exemption applies only when an adjunct’s work is predominantly intellectual, requires advanced academic training, and involves regular use of independent judgment. Schools should review course expectations, academic responsibilities, and decision‑making authority—not just job titles—to confirm that the duties test is satisfied. They must also ensure the adjunct’s pay meets one of the salary‑based methods outlined in the statute.

What types of work count toward a “classroom hour” for salary‑calculation purposes?

A classroom hour includes far more than the time spent teaching live sessions. It encompasses preparation, grading, office hours, student communication, and any other work tied to the course or lab. Because the definition is broad, institutions must account for the full scope of instructional responsibilities when determining whether an adjunct’s compensation meets the required salary threshold.

What happens if an adjunct does not qualify for the exemption?

If an adjunct fails either the duties test or the salary requirement, the school must treat the individual as a non‑exempt employee. That means paying at least the statutory hourly rate—which has increased annually with inflation—and complying with all wage‑and‑hour protections, including overtime, meal and rest breaks, and accurate timekeeping. Misclassification can expose institutions to significant liability, so regular audits of adjunct roles and pay practices are essential.

Protect Your Institution with Clear, Compliant Classification Practices

Correctly determining whether adjunct professors qualify as independent contractors or employees is essential to avoiding wage‑and‑hour exposure, misclassification claims, and costly administrative penalties. California’s rules in this area are complex, and even well‑intentioned institutions can face significant risk if they rely on outdated assumptions or inconsistent practices. The California Center for Nonprofit Law can help you evaluate your current classification models, update your policies, and implement structures that align with state labor standards while supporting your institution’s academic mission. For tailored guidance, call (949) 892‑1221, email info@NPOlawyers.com, or connect with us online to ensure your employment practices remain compliant and defensible.