Legal Question in Employment Law in California

Labor Laws

I work for a university in CA. We had been hiring professional voice actors to do voice over work for online slide show production. A new push led some of the regular full time employees to do some voice acting at no extra cost to meet a deadline. I asked to be paid going forward and they refused and are now seeking more in-house volunteers to do the work for ramped up production. So going forward to meet the new demands they will recalculate our daily work allocations (i.e., 50% normal duties, 50% voice acting) but are not prepared to give raises. Job security is the ''benefit'' of doing voice work, but shouldn't we get new contracts which will have higher pay for different, more valuable work? Seems to me we're being strong armed to save them from paying the going rate. What leverage do we have in re-negotiating? Isn't there a law against changing the job description/duties without properly compensating for the new, more valuable duties? What they are doing feels improper and underhanded. I was even told they couldn't pay me after hours in a separate arrangement because of contract issues. What issues? Why can't I be paid in a separate deal? Seems like a lie. They love my voice work. What can I do to be paid fairly for it?Thanks


Asked on 6/30/09, 5:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Labor Laws

Talk to your union or CBU rep; I have to assume you have one, with a contract with the university. You gave up your right to civil suit when you joined the union, to get 'job security'. All you have is a grievance right.

If you are NOT bound by union or CBU, then you can discuss bringing such employment claims under the Labor Code and related laws, if any apply. However, non-union employers get to set the rules, hours, pay [up and down], duties, titles, benefits, etc., unless you have a specific written employment contract. Otherwise you are an 'at will' employee. Just because you are unhappy and think they aren't "properly compensating" you doesn't mean you have a case with merit; lots of people think that. We'd have to review all the facts and policies to render an opinion on it. Contact me if you're serious about doing so.

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Answered on 7/01/09, 6:08 pm


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