Tuesday, 1 July 2008

Charter Counties Not Covered by Labor Code Overtime and Meal/Rest Period Provisions

Chaplains at the (Alameda County) Santa Rita jail brought suit for unpaid overtime and meal / rest periods under the Labor Code. The Court of Appeal affirmed the County's demurrer to the complaint. The court recognized that Alameda County is a "charter" county with the constitutional power to control employees' "compensation." Since overtime and meal/rest period payments are part of "compensation," the applicable provisions in the Labor Code did not apply. (The county has its own provisions regarding such compensation.)

The case is Curcini v. County of Alameda and the opinion is here.

DGV

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