Metropolitan Water District v. Superior Court

84 P.3d 966, 9 Cal. Rptr. 3d 857, 32 Cal. 4th 491
CourtCalifornia Supreme Court
DecidedFebruary 26, 2004
DocketS102371
StatusPublished
Cited by49 cases

This text of 84 P.3d 966 (Metropolitan Water District v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Water District v. Superior Court, 84 P.3d 966, 9 Cal. Rptr. 3d 857, 32 Cal. 4th 491 (Cal. 2004).

Opinions

Opinion

WERDEGAR, J.

(1) Defendant Metropolitan Water District of Southern California (MWD) contracts with the California Public Employees’ Retirement System (CalPERS) for the latter to provide retirement benefits to MWD’s employees. The single issue of law presented here is whether, under the Public Employees’ Retirement Law (PERL) (Gov. Code, § 20000 et seq.)1 and MWD’s contract with CalPERS, MWD is required to enroll in CalPERS all workers who would be considered MWD’s employees under California common law. MWD contends it may exclude from enrollment workers, such as plaintiffs, who are paid through private labor suppliers, even if they would be employees under the common law test. We conclude, as did the lower courts, that the PERL incorporates common law principles into its definition of a contracting agency employee and that the PERL requires contracting public agencies to enroll in CalPERS all common law employees except those excluded under a specific statutory or contractual provision.

We understand, as MWD argues, that public employers must occasionally hire additional workers for projects lasting an extended period of time and that, in some cases, enrolling those workers in CalPERS may involve a [497]*497needless expense. But while many temporary workers (generally, those employed for no more than six months at a time or 125 days in a fiscal year) are excluded from CalPERS (§ 20305, subd. (a)(3)), the PERL contains no broad exclusion for long-term, full-time workers hired through private labor suppliers. Any change in the PERL to accommodate such long-term temporary hiring must come from the Legislature, not from this court, which cannot remake the law to conform to MWD’s hiring practices. Moreover, although the PERL permits participating agencies to seek agreement from CalPERS for exclusion of selected categories of employees (§ 20502), MWD has not negotiated an exception to its CalPERS contract for its long-term project workers. Again, this court is not empowered to remake the parties’ agreement even were we of the view that such an amendment would be desirable.

The present writ proceeding, which arises from the trial court’s pretrial decision on a single legal issue in this complex litigation, presents only the question of whether the PERL requires enrollment of all common law employees. We therefore do not decide whether plaintiffs are in fact common law employees of MWD, nor do we express any opinion as to whether plaintiffs, in the event they are determined to be MWD’s employees as defined in the PERL, are therefore entitled to enrollment in CalPERS as of the dates they were first employed. Still less do we decide whether plaintiffs are MWD’s employees for any purpose other than CalPERS enrollment or whether they are entitled to any benefits as employees under other provisions of law.

Factual and Procedural Background

MWD, a public agency engaged in procuring, storing, and delivering water, hires and employs many employees under a merit system set forth in its administrative code, which establishes procedures for the selection of employees and provides those employees with various benefits; these recognized employees are also enrolled in CalPERS retirement plans pursuant to the MWD-CalPERS contract. In addition, however, MWD has entered into contracts with several private labor suppliers to provide it with workers. MWD classifies these workers as “consultants” or “agency temporary employees” and neither enrolls them in CalPERS retirement plans nor provides them with benefits specified in the MWD administrative code.

Plaintiffs are named individual workers hired through labor suppliers, and a proposed class of such workers, who allege MWD misclassified them as consultants and agency temporary employees and for that reason illegally denied them the ordinary benefits of MWD employment, including CalPERS [498]*498enrollment.2 Plaintiffs’ petition and complaint, sought writ relief compelling MWD to provide class members with compensation, benefits, and employment rights in accordance with the agency’s administrative code and, in particular, to enroll class members in CalPERS.

Plaintiffs also named as defendants several of MWD’s labor suppliers, alleging they had violated the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) by assisting MWD to avoid its statutory obligations to plaintiffs; plaintiffs sought injunctive relief and other equitable remedies on this cause of action. The trial court permitted CalPERS to intervene in the action; its complaint seeks a declaration that the PERL requires enrollment of all MWD’s common law employees not specifically excluded by statute or the MWD-CalPERS contract.

In a case management order, the trial court identified the following question, labeled “Issue A,” for pretrial resolution: “Whether MWD is mandated by the [PERL] to enroll all common law employees in CalPERS.” After extensive briefing and argument on MWD’s motion for summary adjudication and CalPERS’s motion for decision, both concerning Issue A, the court ruled that MWD is mandated by the PERL to enroll all common law employees in CalPERS.

MWD and the labor suppliers sought review in the Court of Appeal by petition for writ of mandate. The Court of Appeal, after issuing an order to show cause, denied the petition by opinion, holding the trial court had resolved Issue A correctly. We granted MWD’s and the labor suppliers’ petitions for review.

The issue upon which we granted review is a purely legal one that can be decided without exploring the details of plaintiffs’ relationship with MWD and the labor suppliers. Suffice it to say that plaintiffs alleged, and have produced some evidence to show, that they worked at MWD for indefinite periods, in some cases several years; that MWD managers interviewed and selected them for employment; that they were integrated into the MWD workforce and performed, at MWD offices or worksites, duties that are part of MWD’s regular business; that MWD supervisors directly oversaw and evaluated their work, determined their hourly rates of pay, raises, and work schedules, approved their timesheets, and had the power to discipline and [499]*499terminate them; and in general that MWD had the full right to control the manner and means by which they worked, while the labor suppliers merely provided MWD with “payroll services.” Such facts, if proven, might support an argument that plaintiffs are MWD’s employees under the established common law test (see Tieberg v. Unemployment Ins. App. Bd. (1970) 2 Cal.3d 943 [88 Cal.Rptr. 175, 471 P.2d 975]; Rest.2d Agency, § 220), which is used by CalPERS administrators to distinguish employees from independent contractors.3 But these allegations, which MWD has denied for lack of knowledge or information, have not yet been tried.

Discussion

Under the PERL, the CalPERS system covers not only state employees but also employees of “contracting agencies,” that is, public entities, such as MWD, that have chosen to participate in CalPERS by contract with the CalPERS governing board. (§§ 20022, 20460.)

A CalPERS “member”—the status to which plaintiffs claim they are entitled—is an “employee who has qualified for membership in this system and on whose behalf an employer has become obligated to pay contributions.” (§ 20370, subd.

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Cite This Page — Counsel Stack

Bluebook (online)
84 P.3d 966, 9 Cal. Rptr. 3d 857, 32 Cal. 4th 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-water-district-v-superior-court-cal-2004.