Legal Question in Employment Law in California
Differences between employment law for public vs private agencies.
Are there differences in employment laws for public agencies vs. private enterprise. I work for a quasi-governmental agency and was hired in a position classified as an ''as-needed.'' This means no benefits, time off with pay,retirement or pay for any overtime over 8 hours or 40 hours.I am not in a management or executive position. I have no decision making or management authority. They deduct income taxes from my check. I have worked many hours of overtime that I was not paid even straight time for.I was told when I was hired that in an ''as-needed'' position I would not have any conflict of interest issues if I wanted to pursue a consulting contract with the agency later on.I wouldnot have accepted the position otherwise.Later on has come and they now are trying to say that I do have a conflict of interest and thatI am in fact a ''regular'' employee, so I cannot contract for a year after leaving my present position.There is no reference in the policies and procedures to ''as-needed'' position-only regular and temporary employees.I do not fit into any of those categories.I have been working full time or more for 3-1/2 years as an ''as-needed
1 Answer from Attorneys
Re: Differences between employment law for public vs private agencies.
Recent Case law and legislative action may require that you be provided the benifits that are provided "regular" employees. A qualified employment attorney can make the analysis.
As to the overtime, you have not fully described your position. Are you an exempt or non-exempt employee? The determination of exempt/non-exempt is a bit complex - however if you are non-exempt there are no rules that allow a quasi-governmental agency to avoid the payment of overtime. If you are exempt - no overtime is ever required.
The two issues are separate and will have differnt remeidies - but an experianced employment attorney can handle both.
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