California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: November 2011

Evidence Of Harsh Discipline Against More Mature Employees Can Be Evidence Of Pretext In An Age Discrimination Case

Posted in Discrimination, Workplace Policies
When an employer inconsistently imposes discipline and does not follow its own discipline procedures and policies, it leaves room for employees to make claims of discriminatory animus.  This was recently highlighted in a recent U.S. Ninth Circuit Court of Appeals decision, Earl v. Nielsen Media Research, Inc.  The Court held that an employee with a … Continue Reading

New Law Limits Local Agency Executive Compensation, Requires Meeting Agendas Be Posted On Website

Posted in Legislation
This guest post was authored by Connie Almond   This legislative season various “post-Bell” laws were proposed to prevent excessive compensation for public officials and to foster greater transparency in local governance.  One bill which was adopted, AB 1344, made significant changes in both respects. AB 1344 prohibits an employment contract between a local agency … Continue Reading

Holidays And The Workplace: Be Merry Or Bah Humbug

Posted in Discrimination, Harassment, Workplace Policies
The holidays are a festive time to be shared with family, friends and even coworkers.  Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts.  Employers also like to host holiday parties filled with food, music and alcohol.  However, these types of activities may create legal liability for … Continue Reading

If “Penn State” Happened Here, Would You Have A Duty To Report?

Posted in Education, Employment, Harassment, Personnel Issues, Workplace Policies
This guest post was authored by Meredith Karasch We have all heard about the scandal at Penn State that brought down college football royalty.  We cringe at what happened (or didn’t happen).  We agree there was a moral obligation to report child abuse.  However, moral obligation aside, all public and private entities need to know … Continue Reading

Court Of Appeal Holds That Assistant Sheriff’s Waiver Of Right To Administrative Appeal Violated The Public Safety Officers Procedural Bill Of Rights Act

Posted in Public Safety Issues
This guest post was authored by Jennifer Rosner On November 8, 2011, the Fourth District Court of Appeal ruled that the former Assistant Sheriff of Orange County was entitled to an administrative appeal from his discharge despite twice signing a waiver acknowledging that he was an at-will employee with no right to appeal a discharge.  … Continue Reading

California Legislature Fills Gap: Continuation Of Health Insurance Now Required Through Entire Four Month Maternity Leave

Posted in CFRA, FMLA
A gap that existed in California law concerning continuation of health insurance coverage during maternity leave has now been filled by the California legislature.  Effective January 1, 2012, health insurers will be required to cover maternity benefits and employers who had been required to continue health insurance during a maternity leave covered by the Family … Continue Reading

New Political Causes, OCCUPY Protests, And Public Employers

Posted in First Amendment
The rising intensity of political debate in recent years and this fall’s wave of OCCUPY protests nationwide have created unique challenges for public sector employers.  Employers are used to responding to mainstream political disputes in the workplace with the time-tested standby: “Republican or Democrat, it makes no difference, and please just go back to work.”  … Continue Reading

Ninth Circuit Agrees To Rehear Computer Data Fraud Case

Posted in Privacy
This blog post was authored by Alison Carrinski   In May we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals examined whether an employee violates the federal Computer Fraud and Abuse Act (CFAA) when misappropriating data from an employer’s computer system in violation of the employer’s data … Continue Reading