Were Campus Vandal Watchers in California Paid Employees?

Fremont, CACalifornia state education code allows for school districts to lease space on campus grounds for so-called "vandal watchers," who agree to patrol campus property and keep an eye on things in exchange for the ability to park a mobile home on campus grounds. California labor laws were recently put to the test when three vandal watchers were evicted from the campus of a school in the Fremont School District of California.


Thelma "Mo" Russ and Steven and Sandy Wheeler, a married couple, each paid the school district $131 in rent plus utilities each month for their accommodation / site on campus. According to the 2/23/10 issue of the Contra Costa Times, Russ earned $6.33 per month, for one hour of work per month. It is unclear what the Wheelers were paid, but it would have been in the ballpark of Russ' stipend. The payment was made in spite of California law that states such individuals "need not be classified as employees of the district."

According to the Contra Costa Times, the arrangement was maintained for anywhere between 11 and 27 years. In June 2005, however, the district decided to evict Russ and the Wheelers after it determined their services were no longer required.

The plaintiffs sued the district for back wages and overtime pay for monitoring the campus property during times other than when classes were in session, including evenings, weekends and breaks. They were supported by their attorney's position that the state's labor laws governing minimum wage should take precedence over education laws.

An arbitrator agreed, recommending in May 2007 a settlement for the plaintiffs of nearly $665,000 in total back wages. When an Alameda County Superior Court judge ruled for the district later that year, the plaintiffs appealed.

After a three-day trial in Alameda County Superior Court in February, a jury decided in favor of the district. The vandal watchers were not employees of the Fremont school district, the jury found, and therefore were not owed back wages.

The plaintiffs may challenge the ruling in a state appellate court under California labor law.