California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: January 2012

CalPERS Issues Circular Letter Clarifying Uncertainties Raised By AB 1028 On Post-Retirement Employment And Raising New Ones

Posted in Retirement
This guest post was authored by Steve Berliner  Assembly Bill 1028, which took effect on January 1, 2012,  amended certain provisions of the Public Employees’ Retirement Law (“PERL”)  pertaining to the limits on post-retirement employment.  Just recently, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter No. 200-002-12 clarifying the importance of AB 1028 … Continue Reading

What Does The Supreme Court’s Ruling In US v. Jones Mean For GPS Tracking By Employers?

Posted in Constitutional Rights, Privacy, Workplace Policies
Last summer we reported that an employer may under California law use GPS devices to track employer owned or leased vehicles.  We recently revisited this issue in light of the U.S. Supreme Court’s unanimous ruling in United States v. Jones.   Although Jones does address the use of GPS devices to track vehicles, the holding will … Continue Reading

Supreme Court Recognizes That The “Ministerial Exception” Under The First Amendment Precludes Retaliation Claim Brought Under The ADA

Posted in Discrimination, Education, First Amendment, Retaliation
This post was co-authored by Michael Blacher On January 11, 2012, the U.S. Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553, in which the Court recognized for the first time the existence of the “ministerial exception” to employment discrimination laws.  That exception allows religious organizations, including religious schools, to make employment … Continue Reading

You Say “Termination;” I Say, “Retirement.” Is It Just Semantics Or Are They Mutually Exclusive?

Posted in Employment, Retirement
For every death certificate filed, there is one “manner” and one or more “cause(s)” of  death.  The manner is essentially whether it was accidental, natural, suicide, homicide or undetermined, but there can be only one.  The cause, though, is more specific, such as exsanguination or a cardiopulmonary embolism and often times there is more than … Continue Reading

Individual Employees Cannot Be Sued In State Court For Military Discrimination

Posted in Discrimination, Military Discrimination, Military Leave
California’s Military and Veterans Code contains protections against discrimination for members of the armed forces.  Recently, the issue of whether an individual can be held personally liable for discrimination was addressed.  In Haligowski v. Superior Court of Los Angeles County, the Court of Appeal held that employees who are members of the armed forces may … Continue Reading