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I am an employee of a small CA city. At times employees

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doing non-emergency work are required...
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: 2 years ago.Category: Employment Law
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Answered in 6 hours by:
7/15/2015
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,027
Experience: 20+ Years of Employment Law Experience
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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.
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Customer reply replied 2 years ago
What does "cities which are cities and counties" mean in plain English?
Does 555 only apply to SF 9r not?
Customer reply replied 2 years 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?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
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Customer reply replied 2 years ago
So then S.F. is the only such city ... Correct?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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