Pasadena Workers Sue for Job Parity

A group of women filed a lawsuit Wednesday that alleges they and others work full-time for the city of Pasadena without the health insurance, paid vacations and retirement benefits that state rules require.

The suit contends that the city, which otherwise is known for its commitment to improving its workers’ lot, uses the subterfuge of keeping some employees temporary for as long as six years to avoid the costs of permanent status.

Their case illustrates the situation of many government workers in California, and follows a recent state appeals court victory by temporary workers at the Metropolitan Water District of Southern California, their attorneys said.

“This is a dirty little secret hidden beneath Pasadena’s respectability veneer and progressive ideas,” said Glenn Rothner, a labor lawyer representing the women in the Pasadena case. He said Pasadena does not provide benefits to hundreds of “permatemps,” although they otherwise are indistinguishable from permanent city employees “with whom they work shoulder to shoulder.”

Pasadena City Atty. Michele Beal Bagneris said Wednesday that she would reserve detailed comment until she reviews the case. Ann Erdman, city spokeswoman, said there are about 100 employees of temporary agencies working in city departments, among a total work force of about 2,000.

Lisa Hernandez, Angela Cormier, Vanessa Ramirez and others said they were hired through employment agencies as temporary workers but do the same customer service work in the city’s utilities department as co-workers with permanent status, and have the same supervisors.

Because Pasadena is part of the California Public Employees Retirement System, or CalPERS, all its workers, including those women, are entitled to benefits under state law, their lawsuit alleges.

The suit follows the state Court of Appeal ruling in October involving the MWD. That court ruled that anyone working as a “common law” employee for a public agency that is part of the state retirement system is due pension benefits. A common law employee, as opposed to an independent contractor, is one whose work is controlled day by day by the government agency, the court said.

The MWD case could affect hundreds of workers there and is being appealed to the state Supreme Court. But thousands more workers may be affected statewide, according to court papers in that case.

About 104 cities, counties and special districts filed legal papers supporting the MWD and arguing that giving full benefits to all those workers could make it difficult to hire any outside consultants and badly hurt government finances.

“The consequences of a determination that all common law employees must be enrolled in PERS will be a devastating financial impact on public agencies throughout the state,” those cities and agencies said.

The Superior Court has yet to decide whether other benefits such as sick leave should be given to the MWD workers.

The Pasadena suit alleges that the employment agencies are merely a payroll service, not the real employers.

Hernandez, 34, of Hacienda Heights said she went to Pasadena City Hall seeking a job in 1995 and was directed to an employment agency, Act One. Since then she has been shuffled among various employment agencies while keeping her position at the city Water and Power Department.

“Thankfully, my supervisor’s been real good about allowing me vacation time,” she said. However, Hernandez, a mother of two, said she does not get paid for that time off, and loses wages when her children get sick and she has to stay home.

Angela Cormier, 32, a single mother of three, has worked in the same department for two years. She said she prays that no one in her family gets sick. “If one of my kids gets sick, I have to take them to the doctor and pay for the medical bills myself. Plus, I lose a day’s pay for being off work,” she said. Though PERS offers good prices on premiums for health coverage, Cormier said, she cannot afford the plans offered through her employment agency.

“We do exactly the same work as regular city employees, but they get benefits and are paid a lot more,” said Cormier, who earns $11.25 an hour without benefits. Her attorney said permanent workers in the same jobs earn at least $5 an hour more. City officials declined to discuss pay scales, citing the litigation.

Pasadena City Atty. Beal Bagneris said the outcome of the Pasadena case will depend on how the state Supreme Court handles the MWD appeal. “Other courts will be trying to wait and see what happens,” she said.