No Prior Restraint in OC Register's Wage & Hour Case
Settlement in OC Register's Wage & Hour Case

Kreutzer: Misclassified Non-Exempt Public Worker Gets No Civil Service Protections

A government employee hired into a position expressly classified as exempt from civil service is not entitled to the protections of the civil service system upon the employee’s release from the position, even if a court finds that, based on the duties of the position, it should not have been classified as exempt. Kreutzer v. City and County of San Francisco (2008) 166 Cal.App.4th 306.

In this opinion, we conclude that a government employee hired into a position expressly classified as exempt from civil service is not entitled to the protections of the civil service system upon the employee’s release from the position, even if a court finds that, based on the duties of the position, it should not have been classified as exempt. We also hold that where a government employee is released from employment for reasons characterized only as non-disciplinary, and not otherwise publicly disclosed, the employee’s liberty interest in reputation has not been infringed, and the employee is entitled to no relief. Accordingly, we reverse the trial court’s judgment in this case, which ordered a government employer to reinstate a former exempt employee into a non-exempt position.

A petition for review was filed, and yesterday, the Supreme Court denied review. You can download a complete copy of the Kreutzer opinion from the court's website in PDF or MS Word format. 

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)