Legal Question in Employment Law in California

As part of a position I have working at a public school, I was assigned the task of taking a field trip out of state and supervising students for 6 days. Although the trip was paid for, I was not paid for the time I went. The first year I went I offered to do it, since no one else was willing. The other years, it was assigned to me as an addiotnal faculty role. It was over spring break, so I was not paid for that time. I was hourly, and only paid for time worked. In the future, will they be required to pay me for this time?


Asked on 12/02/09, 7:03 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You said nothing about being a union member, or governed by a collective bargaining agreement [CBA], which I would have expected in a public school. If so, a grievance through your union s your only remedy. You gave up your civil rights when you joined the union, in return for 'job security' and 'union representation'.

If you're not governed and limited to the CBA of a union, then you'll get the answer to that question when you file and win. or lose, a claim for unpaid wages with the Labor Commissioner, or you file a civil suit for wages [if the amount in dispute is high enough to justify the cost and time].

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Answered on 12/07/09, 7:30 pm


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