California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: April 2011

Liebert Cassidy Whitmore Will Be Live Tweeting At The ACWA 2011 Spring Conference

Posted in Conferences, Hiring, Personnel Issues, Social Media
This guest post was authored by Liebert Cassidy Whitmore In two weeks, more than 1,000 California water district professionals will gather at ACWA’s 2011 Spring Conference & Exhibition. Liebert Cassidy Whitmore Attorneys, Shelline Bennett and Morin Jacob will be presenting on two areas of our practice: hiring/reference checks and social media.  In addition, we will be live tweeting Morin’s presentation on social media, “Caught in… Continue Reading

Employers May Distinguish Between Threats Of Violence As Grounds For Discipline And The Disability Which Causes The Misconduct

Posted in Disability, Discrimination
For the first time, a California court has held that, under the Fair Employment and Housing Act (FEHA), an employer may distinguish between disability-caused misconduct and the disability itself in the narrow context of threats or violence against coworkers.  In the case of Wills v. Superior Court, Linda Wills was a clerk for the Orange… Continue Reading

California Tax Law Now Conforms With Federal Tax Law Regarding Dependent Health Care Coverage

Posted in Legislation, Personnel Issues
In March 2010, President Obama signed the Patient Protection and Affordable Care Act into law.  This new Act requires that health plans and insurers who offer coverage to children on their parents’ plan make the coverage available until the child reaches age 26.  This law applies to married and non-married children, even if they are… Continue Reading

California Supreme Court Denies Review Of Court’s Decision That Orange County’s Retroactive Retirement Formula Enhancement Is Not Unconstitutional

Posted in Pension, Retirement
Yesterday, the California Supreme Court denied the County of Orange’s petition to review the decision in County of Orange v. Association of Orange County Deputy Sheriffs (2011) 192 Cal.App.4th 21.  This means the Court of Appeal’s decision stands holding that the County’s grant of a retroactive enhanced retirement formula for employees “all years of service”… Continue Reading

Free Speech Rights Of Public Employees

Posted in First Amendment
In March 2011, the United States Supreme Court issued a controversial decision in Snyder v. Phelps, which upheld the First Amendment right of the Westboro Baptist Church congregation to picket military funerals to communicate their belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The analysis used in… Continue Reading

Department Of Labor Issues Final FLSA “Clean Up” Regulations That Highlight Important Issues For Public Employers

Posted in FLSA, Wage and Hour
This guest post was authored by Brian Walter and David Urban Yesterday, the United States Department of Labor issued a new set of final regulations interpreting various provisions of the Fair Labor Standards Act (“FLSA”).  In 2008, the DOL had proposed revisions to its regulations.  After a notice and comment period in 2008, the DOL… Continue Reading

Smokers Need Not Apply: Good Idea Or Illegal?

Posted in Disability, Discrimination, Privacy, Workplace Policies
Hospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers.  This practice goes far beyond merely banning employees from smoking in the workplace.  Rather, these employers are actually telling smokers that they need not apply for employment at all, or that… Continue Reading