No Overtime for Public Employees Absent CBA, Court of Appeal Holds

It's been a bad few weeks for California's correctional peace officers.

In California Correctional Peace Officers’ Association v. State of California (August 18, 2010, publ. September 17, 2010) 188 Cal.App.4th 646 ("CCPOA I"), the Court of Appeal held that Labor Code Sec. 512 and 226.7, which require employers to provide employees with meal periods or pay them for their missed peal periods, and Industrial Welfare Commission (IWC) Wage Order No. 17-2001, which sets wage and hour standards for "miscellaneous employees," do not apply to employees who work for public entities. Our post on CCPOA I is here.

In California Correctional Peace Officers’ Association v. State of California (October 29, 2010) --- Cal.App.4th ----, 2010 WL 4262046 ("CCPOA II"), the Court of Appeal held that, in the absence of a collective bargaining agreement, Government Code section 19851 does not mandate the payment of overtime compensation to correctional peace officers who work more than eight hours per day or 40 hours per week. Slip op. at 1.

For those who are interested in public employment issues, the opinion is available here.