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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114048
Experience:  20+ Years of Employment Law Experience
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I am an employee of a small CA city. At times employees

Customer Question

I am an employee of a small CA city. At times employees doing non-emergency work are required to work more than 6 consecutive days. Our HR depth says CA labor code section 555 only applies to San Francisco and not to any other cities in CA. They say because
S.F. is both a city and a county. This doesn't make sense to me. Why would only S.F. employees receive this protection? I need a detailed answer whether my HR depth is right or wrong!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters, here is what CA Labor Code 555 states clearly:
555. Sections 550, 551, 552 and 554 of this chapter are applicable to cities which are cities and counties and to the officers and employees thereof.
So the statute clearly says that the enumerated sections apply to cities that are cities and counties.
The court in CA had an opportunity to rule on this very thing in the case of Johnson v. Arvin-Edison Water Storage District, where the CA appeals court confirmed that unless a statute specifically provides otherwise, public agencies are exempt from wage and hour provisions of California's Labor Code.
The Court of Appeal held that absent express statutory authorization, governmental agencies are not subject to a general statute like the Labor Code. The court stated that for example in Labor Code Section 555, the Legislature specifically stated that provisions of that chapter (sections 550-552 and 554) pertaining to maximum consecutive working days (generally stating that employees are entitled to one day of rest in seven days of work)," are applicable to cities which are cities and counties and to the officers and employees thereof." However, those statutes are not applicable to ALL government employees, only those specified by the statutes.
Customer: replied 1 year ago.
What does "cities which are cities and counties" mean in plain English?
Does 555 only apply to SF 9r not?
Customer: replied 1 year ago.
What does "cities which are cities and counties" mean in plain English?
Does 555 only apply to S.F. or does it apply to all CA cities?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I sincerely ***** ***** the delay in responding, but I was attending to a client meeting the last few days and I was not available to get online.
The term "cities which are cities and counties," means a city that encompasses the whole county.
Customer: replied 1 year ago.
So then S.F. is the only such city ... Correct?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I believe, not quite sure, if SF is the only city in CA that is also the whole county.