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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88663
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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re-employment of state reriree. . .

Customer Question

My name isXXXXX and I recently retired from the Louisiana Public School system as of June 4, 2012 after 33 years of teaching. I then got a job at the Louisiana State University Rural Life Museum in the Archaeology Lab working with the Pinnacle Project which is a grant funded project for a period of 2 years. At first, there was a question as to whether or not I could be employed by the museum since I was a state retiree. But, it was then decided by Louisiana State University's Office of Human Resources that since my job as a Lab Tech. didn't qualify as a teaching position, I could remain employed by the museum. I have been employed at this job for about 71/2 months - being reinstated every 3 months. I work about 15 hours a week - different days each week. Recently, the question has come up again as to whether or not I can continue being employed by the museum - for the same reason - I am a state retiree. What is the Louisiana Law regarding my situation? Can I remain employed or not. The museum staff is awaiting a decision from Louisiana State University's Office of Human Resources. I also haven't been paid for the past 2 pay periods due to this uncertain situation.

Submitted: 1 year ago.
Category: Legal
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.

There is no LA law prohibiting a retired state employee from being rehired with the state.

R.S. 11:710, which applies to rehiring of teachers who have retired does not seem to apply to this situation because you have not returned to teaching and as such I do not see there being a prohibition in the LA statutes about you leaving he public school teaching and collecting that pension and working another state job that is non-teaching. See: LA RS 11:710.

Under the law, if you have been working, regardless of whether or not they are waiting on a decision, the wage act and Fair Labor Standards Act provides you must be paid for all hours worked and if you are working and not being paid then you can file a complaint with the Department of Labor Wage and Hour Division.




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Customer: replied 1 year ago.

How can I get something in writing that states the information you provided to me?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. While I am a LA attorney, I cannot by rules of the site represent you or anyone else from this site, which is stated in our terms of service.

As far as something in writing, I gave you the link to the LA Revised Statute above and if you go to that link you can print out the law and have the law itself. I have given you the link above for that reason.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88663
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Why doesn't the Louisiana State University Office of Human Resources know this information? Why are they having such a problem with this?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I know the law was just changed in 2011, so I do not know what else they could be looking at or if they are trying to get an interpretation of that law from the State Attorney General's Office.
Customer: replied 1 year ago.


How was the law changed?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. The law was made more restrictive regarding teachers retiring and then being reemployed in teaching positions in other schools. But as you can read the current law it specifies going to be reemployed in other teaching positions and you say you are not in a teaching position.
Customer: replied 1 year ago.


OK, how does Louisiana State Civil Service Guidelines play into the state employment thing. I was considered transient at first, but now, they are having problems with civil service guidelines - they (LSU) are trying to decide if I can remain employed - civil service and state laws are in conflict. Why?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

I do not know the state civil service laws and the state law conflict. They could be claiming you are in a position that needs to be a classified position, but you were not under state civil service prior when you were a teacher, so I really do not understand what their problem is with you holding that position, since there are many retired employees under the state and even municipal pension systems who have been reemployed under other state and/or municipal civil service systems.

Without seeing and hearing everything they are saying and exactly what they are looking at, anything I would say would be merely a guess and at this point I do not even know what their objection is based upon.
Customer: replied 1 year ago.

possible issue: Having people hired to work in transient positions or part-time without offering benefits according to civil service guidelines - or so I heard. Is there a hourly work guideline?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

The issue could indeed be that they are filling civil service positions with appointed transient labor when the positions require testing and a list for hiring. That would require an examination of the position itself to see if it falls under a classified civil service position. They can only fill unclassified positions with transient or appointed employees. This needs to be examined relative to your specific job title and position.
Customer: replied 1 year ago.

Background Info:


Before a new well known casino could be built, the land had to be excavated since a plantation house and it's various buildings - sugar house, etc.. were on the property back in the 1800 - 1900's, etc. . . It's in the National Register, etc. . . So, 2 years ago, a company was hired to .excavate the main house property, etc. . . Then the museum and the university got involved, and a grant was written. Now there is an archaeology lab at the museum, and there are contracted archaeologists in charge of the 2 year project. They hire college students to work - on a part time basis around their class schedules. There is no problem with the student employment. But the non student employees that are working are three former students - which are not working full time, and I think they are going to be salaried positions, but the problem is what to do with me as a retired school teacher for the state of Louisiana. My job consists of washing bags of artifacts that were excavated over the two year period before the casino was built. I sit at a sink, and dump bags of dirt, rock, metal, glass, ceramic, etc... on a screen and wash it with a toothbrush. The other thing I do is sort what I wash and put it on a tray to dry, then I count and weigh and record dry materials. There is no test for this position. I work about 2 - 3 days a week - maybe 16 hours or less a week.


.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the background.

Again, without knowing the inside details, it is possible that the school or someone in civil service is working on making the position a classified position. If the position is not going to be a classified position and remain an unclassified position then I fail to see any problem and still do not know what their problem is with the position. We have retired employees under the municipal employees retirement system working now in the state civil service system and also have employees who retired from one state agency now working in other state agencies in different positions, so again, you need to find their specific problem with you in your position and what rule they are claiming because throughout the state and municipal systems in LA this is being done regularly.
Customer: replied 1 year ago.

The information you told me about the museum filling positions with civil service positions with transient labor may be the case for the museum itself. But, my position is "Rock Washer" It was not an advertised job - mostly found out about by word of mouth in the archaeology dept at the university. I just happened to luck out, because I knew someone who worked at the museum.


Maybe they are confused as to what to do with me and what to call my job - In my opinion, I think I fall into the transient category because of the days and hours I work. I get to make my own schedule from week to week.


 


Guess I need to find out some more information to provide to you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you need to find out more, because at this point both of us are just guessing at what they are trying to do or what they believe the conflict is here. If this is a temporary grant position it should indeed be an unclassified position capable of appointment, but again you have to find out what they are looking at.
Customer: replied 1 year ago.


Any specific questions you could suggest that I ask - so I can provide you with more clear information??

Expert:  Law Educator, Esq. replied 1 year ago.
The only question you can ask them is "what is the conflict you are claiming and what is the civil service rule and state law that is the issue."
Customer: replied 1 year ago.

I'll get back with you when I find out more information. I'm not ready to rate yet.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you that is fine.
Customer: replied 1 year ago.


I'll be back. . . Stay tuned. . .

Expert:  Law Educator, Esq. replied 1 year ago.
I will be here, just get the information from them as to what their issue is with the employment.

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