Facts

Defendant Fremont Unified School District (District) leased property to mobile home residents for residential use, pursuant to Education Code Section 1754, as part of the district's vandal watch program. Plaintiff Thelma Russ leased the property for mobile home use in 1977, and in 1994, plaintiffs Steven and Sandy Wheeler entered into a similar agreement. As part of the program, plaintiffs were to conduct up to two inspections of the property when the school was closed, which generally lasted 30 minutes. In return, plaintiffs were allowed to place their mobile homes on the property, for residential use, until 2002, when a new agreement would begin that would require a $50 monthly payment.

In 2006, plaintiffs sued the school district for back pay and overtime wages.

PLAINTIFFS' CONTENTIONS:
Plaintiffs argued that they were employees and entitled as such to back wages and minimum wage overtime pay for each hour they were on the property, including hours of sleep. They based their argument on the vandal watch handbook and contended that it established an employer-employee relationship. Also, they contended that the relationship prevented them from taking vacations or leaving for long periods of time.

DEFENDANT'S CONTENTIONS:
The District contended that no employer-employee relationship was created. The District argued that plaintiffs were more akin to independent contractors and they received the benefit of their bargain under the rental lease agreement. Both parties, defendant argued, understood that plaintiffs were not employees of the District for their vandal watch services, would not be paid wages, and were free to leave their properties for more than 48 hours so long as they notified the school.

Damages

Plaintiffs sought recovery for wages and overtime for the hours spent on the school property for the previous three years.

Result

The jury returned a verdict for the defense.

Deliberation

one hour

Poll

12-0

Length

three days