Help with California Labor/Employer Law

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30 April 2004
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368
Location
Northern Virginia
I know you guys are pretty smart, so I hope you can help me out. I'm looking for responses from lawyers, HR people, or teachers, but if anyone knows about this, it would help immensely.

My wife is a 7th teacher at a public charter school in California. She's in her first year and is finishing up her credential, with just time in the classroom left to complete it (she's under an internship credential right now). In addition to the typical first year stuff (crabby students/parents, spending immense amounts of time writing lesson plans, etc.), the parents have complained that she is not accessable enough, despite being at the school until 6pm or later almost every night (where they can call her on her classroom line), having a voicemail which she checks each weekday and returns calls that evening, having a homework hotline for parents to call and check on homework and project information, and a dedicated personal email address for school related questions which she checks at night. The parents have resorted to calling us at home (my number's been listed since before we got married), and she sent a memo home to all the parents talking about the proper lines of communication and how calling us at home is inappropriate. Well, the parents are still complaining that they should be able to call us at home, and the charter school board and principal agreed, and are now mandating her to give out our personal phone number and set aside one hour each week for parents to call us at home on our own private line. We're objecting, but the board and principal aren't listening to us. She is the only employee that is required to do this.

Are there any laws in California regulating an employer demanding an employee to use their home phone for official work? Are there any agreements made between the public schools and the teachers' union prohibiting this?

I feel that this is inappropriate and that it should not need to be tolerated in the least bit. Regardless, if the school is requiring her to use her personal phone line, I feel the minimum is that they are required to pay for the line (so we can get a separate unlisted line for ourselves). I live in a small community, so if we can get the school board to change their attitude before it takes effect, then I probably won't have to go through the hassle of changing my number. But, if this goes through, I'm getting an unlisted number and demanding that they do not give it out to anyone.

Any suggestions or legal codes to help?

Thanks!
 
Not really an answer to your question, but a general comment:
This is one of those situations where, regardless of how right you are, your wife will end up suffering being branded of being a "trouble-maker". That's the unfortunate reality of how these things turn out. You can't win either way.
 
D'Ecosse said:
Not really an answer to your question, but a general comment:
This is one of those situations where, regardless of how right you are, your wife will end up suffering being branded of being a "trouble-maker". That's the unfortunate reality of how these things turn out. You can't win either way.
Yes, I know- that's why I'm looking for some hard evidence why it's wrong. She's in an at-will employement agreement (charter school teachers have no tenure), so I don't want to get her fired for being too much of a trouble maker. This is going to be her only year there- she accepted the position only because there were no other openings in the normal school district, and she needs to finish the year so she can get her credential. Once the year is over and the credential requirements are met, she's got some time to find a better school, since there's no real time rush, except that will mean we're back to one income.

The way I look at it is, how many employers require their employees to give their personal home number out to customers? In some special cases, possibly, but for all cases? This is unheard of in the teaching world, and we have 9 close relatives in the profession.
 
If it's only 1 hour a week it's not a big deal but like most things it will expand to fit the space available :rolleyes:. Just deal with it and after a couple of years find a different district. When you hit a brick wall there are several choices, try and bust through it, go over it, go around it or go in a different direction. Trying to bust through it is normally the hardest way to go and the noise and dust will just piss off every one in the area.
 
Change your number to a pay to use number and charge people by the minute to talk to her. Or you could just write it off as a business expense. By the way, our company recently lost a huge class action suit in CA for overtime rules like this. I don't know the specifics of it, but the employees were basically expected to be available 24/7. I'll try to dig up a link on it.
 
Patdeisa said:
...She is the only employee that is required to do this. ...
If your wife is the only teacher required to do this, then you might have a case for discrimination. In which case, you coulkd force the school to either make it mandatory for all teachers or to eliminate the requirement for your wife.
 
White92 said:
Change your number to a pay to use number and charge people by the minute to talk to her. Or you could just write it off as a business expense. By the way, our company recently lost a huge class action suit in CA for overtime rules like this. I don't know the specifics of it, but the employees were basically expected to be available 24/7. I'll try to dig up a link on it.

I believe you are referring to cases in which companies are incorrectly classifying their employees as managers so that they don't have to pay overtime and can overwork their employees. Radio Shack lost a big case and I believe it was the same for Abercrombie.

I have a friend whose law firm is interested in cases like this. I'll forward this post over to him and see if he can't get me a response from his expert... Also, my sister was a school teacher and I can relate to all the hard work and effort she put in along with the long hours. It's important that someone stands up so that others don't have to endure the strains on their lives...
 
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Yes, it was something to that effect. I don't live in CA and wasn't part of this suit against the company, so I'm not sure on the specifics. But yes it was something along those lines. I'm still trying to find a link on it. Our company website used to have an article on it, but it was too long ago. It won't let me search for articles that old. I'll have to look elsewhere. I'm sure your friend has information on it or was a party to it.
 
From the article you just posted...

In a landmark 2001 case, a jury ordered Farmers Insurance Exchange to pay $90 million after a court found the company had failed to properly compensate 2,400 claims adjusters.

Yep that's the one I was talking about. That's my company. That was just the adjusters in California. Last I heard, other states were trying to get together and do the same thing.
 
Thank you all for the information so far. I don't think that the overtime issues apply, as she's in a salaried position, and it's not the time that is the problem (as she's typically grading papers or creating lesson plans at night anyway), but the intrusion of our privacy. I just don't want anyone telling me when I can or can't use the phone I pay for. We don't have cell phones or high speed internet, so it does affect when I can call someone or go on-line.

Malibu_Rapper- thanks for checking up some more.

Pay per call line- great idea! :D

Income write-off- Good idea- I'll ask my sister (a CPA) about that...
 
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From steveny's girlfriend.

I'm a speech pathologist and work with several families and several school districts. My company fully reimburses all phone calls to my CELL PHONE which are related to business. This is the ONLY number I will give to parents, school districts, or my office for that matter. I also have an email address that I use strictly for business. Parents, teachers, or faculty can reach me either through email or cell phone. If you do not have a cell phone, have the company pay for a cell phone to use for business. In New York, you do not have to provide a residential number to families that you work with. Especially in our type of work, teacher or special ed, you never know what kind of loony parents or students you will have to deal with. Cell phones are untraceable for addresses and personal information. Believe me, your school district would have a hell of a lawsuit if one of the parents or students went A.W.O.L and something happened to you in your home..... Your home number is personal --Period-- No exceptions. If your office hours are not enough for the parents, the school needs to provide you with a cell phone or a second home line. It is not your responsibility to be at every parents beck and call 24/7. You are on salary pay. If your school expects you to work more than you are getting paid for, they need to pay you overtime. I would also change your number, and have it unlisted, to stop already calling parents from calling again...
 
Again, thanks with all of your help, especially Malibu_Rapper and Steveny.

Things are looking better- she told me last night that she has a meeting with the principal today to discuss this problem and other potential solutions. We'll see how it goes, and I'll let you all know.
 
If she doesn't get the help she needs from her principal, I would just go straight to the board of education. I know it's been suggested on here that you change your home number to unlisted, but there is also a charge to do that. I know it's not much at all. I think it's about 3 dollars a month here, but you still shouldn't have to pay anything out of pocket. Say you were grading a test at 9:30 at night and you called the parents to talk about how bad their kid did on it. Wouldn't the parent get mad? I would. Why should they feel they have the right to call you anytime they want?
 
I feel for you. I had a friend who was in the same situation, working hard for her first year. Fortunately she had a cellphone and communication was never an issue.

If this is a big issue for you, you might think about getting a cell phone for your girlfriend. I know it will cost extra money, but for the peace and mind it may be the easiest and least aggravating way.

I'd also ask the parents who are calling you at your house, for their home and work numbers, so you can call them when you feel like it. See how they react to that...

Best of luck...
 
Put yourself on the Do Not Call List and then sue the parents that call!
 
UPDATE: Yes, we won the battle. My wife was able to convince the principal that she'd prefer to set a time and they can call her on the classroom line from 5-6pm, one night a week. It works out well, since she's there until 6-6:30 every night anyway preparing for the next day, correcting papers, etc. I guess he hadn't heard when the other teachers gave her the late night award for being the last person on campus, besides the janitor.

Thanks for all of your suggestions and concern. I'll keep them in mind in case the situation changes.
 
Good job! It's true. The squeaky wheel gets the grease. And there's always a middle ground.
 
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