LAPD Can’t Impose Training Costs on Cops
September 28, 2015 by Andrew Baker
California Labor Code Section 2802 prohibits employers from imposing on employees expenses employees incur on the job, and Section 2804 voids employment contacts that contravene Section 2802. This didn’t stop the City of Los Angeles from imposing on police officers the costs of training if they left employment within five years of hire. A lawsuit by LAPD officers challenging the City rule has resulted in a victory for the officers.
A California court of appeal issued a decision in the case clarifying an employer’s obligation to reimburse employees for training costs. Los Angeles passed an ordinance requiring all police recruits to sign a contract acknowledging that if the recruit leaves employment with the City within five years of hire, the recruit is obligated to reimburse the City for the costs of training mandated by the City. The City required its recruits not only to obtain their State-mandated POST (Peace Officer Standards and Training) certification, but also imposed additional training requirements. The court concluded that the cost of training to obtain the POST certification, a certification required by the State as a condition of employment as a peace officer, is a cost that the employees themselves must bear. This same logic would apply to any State-mandated license that an employee is required to obtain and maintain as a condition of employment for a particular class of employment. On the other hand, the court concluded the costs associated with training the City required that was above and beyond the State-mandated POST certification training are costs that the City may not impose on the recruits, even by contract. Even though the court concluded that the City could legally impose some of the training costs on recruits who left early, the court ruled that Labor Code Section 2804 required nullification of the entire contractual agreement the recruits were compelled to sign.
Photo Credit: Swat Foley
Related Links:
http://www.latimes.com/local/california/la-me-academy-pay-20150817-story.html
http://la.suntimes.com/la-news/7/88/354669/lapd-training-costs-payback-ruled-illegal/
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