Johnson v. Arvin-Edison Water Storage Dist

In Johnson v. Arvin-Edison Water Storage Dist. (2009) 174 Cal.App.4th 729, a water district employee filed a class action complaint against his employer, the Arvin-Edison Water Storage District (District), alleging that he, and a putative class of current and former District employees, had been, among other things, denied meal breaks in accordance with the Labor Code and IWC Wage Orders. (Id. at p. 733.) The trial court sustained the District's demurrer on the ground that, as a public entity, it was exempt from the challenged wage and hour laws. (Ibid.) The plaintiff argued that, "contrary to the trial court's ruling, public employers are subject to the California wage and hour provisions at issue unless they are expressly made exempt." (Ibid.) Similar to CCPOA here, the plaintiff in Johnson argued, "under statutory construction rules, it was evident that the Legislature intended that water storage districts provide their employees with overtime and meal periods as required by Labor Code sections 510 and 512, and IWC Wage Order No. 17. Plaintiff further asserted that these Labor Code requirements would not infringe on the execution of the District's sovereign powers." (Ibid.) Rejecting these claims, the Johnson court held: "Unless Labor Code provisions are specifically made applicable to public employers, they only apply to employers in the private sector. Since section . . . 512 does not expressly apply to public entities, it is not applicable here. Further, applying section . . . 512 to the District would infringe on its sovereign power to regulate its workforce." (Johnson, supra, 174 Cal.App.4th at p. 733.)