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Procedural Posture

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Procedural Posture

Defendant school district appealed from the Superior Court of Sacramento County (California), which granted a writ of mandate in favor of plaintiff union, that required defendant to provide additional employment benefits and retirement contributions to bus drivers for work performed during summer sessions.

 

Overview: car accident attorney San Diego

Plaintiff union filed suit against defendant school district on behalf of bus drivers and claimed that Cal. Educ. Code § 45102 mandated that bus drivers receive sick leave, vacation credit, and contributions to Public Employees Retirement System (PERS) for summer work. The trial court entered judgment in favor of plaintiff. The court held that summer employment constituted overtime within the meaning of Cal. Gov. Code § 20025.2 and as such, contributions to PERS for summer work were not required to be made by defendant. The court held that to the extent summer session employment added to the number of hours or months worked, summer session employees were entitled to sick leave and vacation credit on a pro rata basis under Cal. Educ. Code, § 45102. The court also held that plaintiff's claims for benefits for the years 1977 and 1978 were barred by the statute of limitations. The court reversed the judgment insofar as it mandated defendant to make PERS contribution and provide service credit for summer sessions 1977 through 1982 and ordered defendant to provide sick leave and vacation credit for summer session 1977 and 1978. The court affirmed the judgment in all other aspects.

 

Outcome

The court reversed the trial court's order requiring defendant to provide sick leave and vacation benefits during the summers of 1977 and 1978 because those claims were barred by the statute of limitations. The court held that because summer employment constituted overtime, defendant was not required to make contributions to the Public Employees Retirement System for summer work. The court affirmed the trial court in all other respects.


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