California Court of Appeal

In an instructor's suit against the North Orange County Regional Occupational Program (NOCROP) for failing to pay wages in violation of Wage Order No. 4-2001, failure to pay wages in breach of a written contract, and unfair competition, trial court's judgment in favor of the defendant is affirmed in part, reversed in part and remanded where: 1) trial court's order granting summary judgment on the pleadings as to the violation of the minimum wage law claim is reversed as plaintiff the minimum wage provision in Wage Order No. 4-2001 applies to plaintiff's employment with NOCROP because the program was the creation of one or more public school districts through Education Code section 52301, and the Legislature has plenary authority over public school districts and was constitutionally authorized to vest in the IWC, through section 1173, the power to impose the minimum wage law provision contained in Wage Order No. 4-2001 as to employees of such public school districts; 2) trial court's order sustaining defendant's demurrer to plaintiff's breach of contract claim is reversed as the California Supreme Court precedent establishes that a public employee has a contractual right to earned but unpaid compensation; and 3) trial court's order sustaining the demurrer to the quantum meruit claim is affirmed as the Government Claims Act bars the assertion of such a claim against a public entity.

Appellate Information

• Decided 12/23/2010
• Published 12/23/2010

Judges

• FYBEL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David J. Duchrow, Warren S. Kinsler