Charter Counties Not Bound by Labor Code Compensation Provisions

A California appeals court has dismissed a
lawsuit filed by chaplains at
Alameda County’s Santa Rita Jail charging Labor Code
violations for unpaid overtime and a failure to provide
meal and rest periods. The court held that the Labor
Code sections the chaplains relied on—Sections 510 and
1194 (overtime), 512 (breaks), and 226.7 (premium
for missed breaks)—do not apply to California’s
many charter counties, such as Alameda County. That’s because
charter counties have the constitutional power to control
their employees’ compensation, which includes
overtime and payments for missed meal and rest
periods, said the court.

Curcini v. County of
Alameda, Calif. Court
of Appeals (Dist. 1) No. A115652, 2008