In recent years, the practice of requiring police officers
to sign repayment agreements for academy and field training officer (FTO)
training has become increasingly common among public entities. This trend has
sparked significant legal debate, particularly in light of cases such as City
of Oakland v. Hassey and Association for Los Angeles Deputy Sheriffs v.
County of Los Angeles. However, the introduction of Assembly Bill 692 (AB
692) could potentially reshape the legal landscape surrounding these agreements.
Understanding AB 692
AB 692 aims to address the fairness and legality of
repayment agreements imposed on police officers for training costs. The bill
seeks to ensure that such agreements do not violate labor laws or unfairly
burden officers who choose to leave their positions before a specified period.
The bill’s provisions are designed to protect officers from being coerced into
agreements that may not align with their best interests or the public policy of
promoting fair labor practices.
Applicability to Public Entities
One of the critical questions surrounding AB 692 is whether
it will apply to public entities. Historically, public entities have enjoyed
certain immunities and exceptions under labor laws, as seen in the Association
for Los Angeles Deputy Sheriffs v. County of Los Angeles case, where the
court held that certain labor code provisions did not apply to the county.
However, AB 692 explicitly targets the practices of public entities, suggesting
that it intends to close these loopholes and ensure that all employers,
including public entities, adhere to fair labor standards.
Potential Impact on Key Cases
City of Oakland v. Hassey
In City of Oakland v. Hassey, the court upheld the
city’s right to require repayment of training costs, provided it did not
violate minimum wage laws. The court found that the repayment agreement did not
constitute an illegal covenant not to compete or violate wage laws, as long as
the deductions did not reduce wages below the minimum wage. AB 692 could
challenge this precedent by imposing stricter regulations on repayment
agreements, potentially rendering such agreements unenforceable if they are
deemed to coerce officers into staying or if they violate new statutory
protections.
Association for Los Angeles Deputy Sheriffs v. County of
Los Angeles
In this case, the court ruled that the labor code provision
prohibiting employers from collecting wages already paid did not apply to the
county, allowing it to recoup overpayments. AB 692 could overturn this decision
by explicitly extending labor code protections to public entities, thereby
prohibiting the recoupment of wages in a manner that violates the new standards
set by the bill.
Conclusion
AB 692 represents a significant shift in the legal
framework governing police training repayment agreements. By potentially
applying to public entities and challenging existing legal precedents, the bill
could provide greater protections for police officers and ensure that repayment
agreements are fair and equitable. Public safety unions and their members
should closely monitor the progress of AB 692, as its enactment could have
profound implications for labor practices within law enforcement agencies across
California.
