Hi,
I'm sure this is a basic question, but I can't find the answer after many google searches, and searches of this forum, and much seems to ride on it.

Are all city/municipal/state workers exempt from split shift and reporting time pay laws? I work as a lifeguard for the City of Berkeley, and we frequently find ourselves getting the short end of the stick on both those issues. I was told the DLSE phone line that we were exempt from the regulations due to being city employees, and should take this up with our union. However, Water Safety Instructors (slightly more training), which do the same duties as lifeguards, are not members of the union.

Is there any recourse for us? And on a more general level, why are municipal workers exempt? What's the rationale behind that?

Thanks very much,
Asher