California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: June 2011

S.B. 931 Passes Assembly Committee

Posted in Labor Relations, Legislation
This guest post was authored by J. Scott Tiedemann Today, the State Assembly Committee on Public Employees, Retirement and Social Security passed S.B. 931 (Vargas).  The bill, which was passed by the State Senate on May 16, 2011, is now headed to the Assembly Floor for second and third readings and a vote. S.B. 931 … Continue Reading

Public Employee Right To Petition Claims Must Satisfy A “Public Concern” Requirement – Just As Employee Free Speech Claims Must

Posted in First Amendment, Retaliation
This guest post was authored by David Urban The United States Supreme Court just added another important chapter to its continuing interpretation of the First Amendment rights of public employees.  In Borough of Duryea v. Guarnieri, decided Monday, June 20, 2011, the Court held that public employees cannot assert retaliation claims based on the First … Continue Reading

ADA And FMLA: How They Overlap

Posted in Disability, FMLA
We get questions… An employer called with this inquiry: “one of our employees has been on leave under The Family & Medical Leave Act (FMLA) for a serious health condition and the 12 weeks have expired.  The employee has not come back to work and the most recent medical note states that the employee will … Continue Reading

The One Conference You Cannot Afford To Miss: Save The Date February 2-3, 2012

Posted in Conferences, Education, Liebert Cassidy Whitmore
This guest post was authored by Liebert Cassidy Whitmore Next year marks the 13th annual LCW 2012 Public Sector Employment Law Conference.  This two-day conference is geared towards Public Agency Management and includes a variety of informative and entertaining presentations that offer practical lessons for success in the workplace. Participants may attend the full conference … Continue Reading

Coworkers Who Simply Cannot Get Along Do Not Expose Employers To Liability For Hostile Work Environment Or Retaliation

Posted in Employment, Harassment, Retaliation
Does it ever feel like managing the workplace can be like keeping the peace between children fighting in the back seat of the family car?  This was the feeling in a recent out-of-state case where a Court held that an employer was not liable for the alleged hostile work environment created amongst bickering co-workers or … Continue Reading

Light Duty Assignments And The Disabled Employee

Posted in Disability, Discrimination, Public Safety Issues
Courts have held that generally employees are not obligated to make a temporary assignment permanent where an employee requests reasonable accommodation because of a disability.  This falls in line with the idea that employers are not expected to create as a form of accommodation new positions that did not previously exist.  Recently, however, this notion … Continue Reading