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California Public Agency Labor & Employment Blog

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Category Archives: Legislation

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AB 1469’s Newly Enacted Fix For CalSTRS Unfunded Liability Means Increased Contribution Rates for Employers, Employees, and the State

Posted in Education, Legislation, Retirement
This blog post is authored by Michael Youril Every employer who has employees covered by the California State Teachers’ Retirement System (“CalSTRS”) is aware of the massive funding gap for the CalSTRS pension fund, and the need to stabilize funding for CalSTRS before the pension fund goes broke.  At this time, the CalSTRS Defined Benefit … Continue Reading

REMINDER: California’s New “Ban the Box” Law Prohibiting Public Agencies from Initially Asking Job Applicants About Criminal Convictions Goes Into Effect July 1, 2014

Posted in Legislation
This blog post was authored by Gage Dungy and Shardé C. Thomas Assembly Bill 218 (“AB 218”), codified as Labor Code section 432.9, goes into effect in just over a week on Tuesday, July 1, 2014, and will have a significant impact on a public agency’s ability to initially use criminal convictions in the hiring processes before a … Continue Reading

Are the NLRB’s 2012 Decisions Void?

Posted in Legislation
A decision from the U.S. Court of Appeals in the District of Columbia recently cast into doubt the validity of all National Labor Relations Board (“NLRB”) decisions in the year 2012 by holding that three of the current Board members were invalidly appointed.  Thus, in this Court’s view, potentially all the Board’s decisions for the … Continue Reading

REMINDER: Certain Employers Must Report The Cost of Employer-Sponsored Group Health Plan Coverage on 2012 Forms W-2 That Are Provided To Employees This Month

Posted in Healthcare, Legislation
This guest post was authored by Heather DeBlanc The Patient Protection and Affordable Care Act requires employers to report the cost of employer-provided group health plan coverage on the 2012 Forms W-2 provided to employees this January 2013.  Employers who issued fewer than 250 Forms W-2 in January 2012, do not need to comply with … Continue Reading

New California Laws Limit Access to Employee, Student Usernames and Passwords

Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013.  AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose social media usernames and passwords.  It also prohibits requiring or requesting employees and students to … Continue Reading

The California Public Employees Pension Reform Act Of 2013 Will Be Addressed By The Legislature Tomorrow

Posted in Legislation, Pension, Retirement
This guest post was authored by Alison Neufeld Public sector pension reform has been a hot topic for months. But despite the public focus on the Governor’s 12-Point Pension Reform Plan, voter initiatives, charter amendments, litigation and bankruptcies fueled by unfunded pension liabilities, time seemed to be running out for pension reform during the current … Continue Reading

How the Latest Proposed Pension Reform Bill Will Impact Public School and Community College Employees Enrolled in CalSTRS

Posted in Legislation, Pension, Retirement
Pension reform might still have a fighting chance.  As we mentioned in yesterday’s Special Bulletin, Governor Brown announced that he had reached an agreement with Legislative Democrats to move forward on pension reform with the California Public Employees’ Pension Reform Act of 2013 (”CPEPRA”).   At the eleventh hour, the joint Conference Committee on Pension Reform … Continue Reading

Governor Announces Agreement on Comprehensive Pension Reform Pending Approval of Legislature by Friday

Posted in Legislation, Pension, Retirement
This guest post was authored by Steve M. Berliner Governor Brown issued a press release today indicating that an agreement was reached with legislative Democrats on public employee pension reform at the state level to take effect on January 1, 2013.  Details are sketchy at this point but it does appear that most of the … Continue Reading

Big Changes Are Coming to the Department of Fair Employment and Housing

Posted in Legislation, Litigation
The way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation.  Motivated by a desire to close a nearly $16 billion budget deficit by reducing duplication and maximizing efficiency within State government, Governor … Continue Reading

Comprehensive Pension Reform For California’s Local Public Employers Will Only Happen At The State Level…But Not Any Time Soon

Posted in Legislation, Pension, Retirement
Does your public agency contract with, or a member of, CalPERS, STRS, or a ’37 Act system?  Have you exhausted all possible ways under those systems to reduce pension costs such as reducing benefits for new hires, eliminating or reducing employer paid member contributions, or reducing special compensation?  Do you want to achieve more cost … Continue Reading

Is The Window On Open Government Closed? What The State’s Suspension Of Portions Of The Brown Act Means To Your Agency.

Posted in Brown Act, Legislation
This guest post was authored by Meredith Karasch Buried within the State’s 2012-2013 budget, is a new provision that may have the effect of suspending portions of the Brown Act.  In an effort to reduce expenditures, the budget suspends reimbursement to local agencies for costs of posting agendas.  Under Government Code section 17581, the state … Continue Reading

California Supreme Court Holds Charter Cities Exempt From State Law Requiring Payment Of Prevailing Wages

Posted in Legislation, Wage and Hour
This guest post was authored by Randy ParentState law requires payment of the general prevailing rate of wages to construction workers employed by contractors performing public works projects under contract with all public entities.  However, the California Supreme Court recently held that charter cities are exempt from this requirement.  (State Building and Construction Trades Council … Continue Reading

California Legislature Enacts Further Changes To Post-Retirement Employment For PERS Retirees

Posted in Legislation, Retirement
In an effort to keep public employers and retirees confused, the Legislature made more changes to the limitations of post-retirement employment for retirees of the California Public Employees’ Retirement System (“PERS”).  This is the second change to go into effect in less than six months.  Senate Bill 1021, passed by the Legislature on June 28, … Continue Reading

The Supreme Court Upholds The Individual Mandate Under the Patient Protection and Affordable Care Act

Posted in Healthcare, Legislation
This guest post was authored by Heather L. DeBlanc This morning, the United States Supreme Court issued its decision in National Federation of Independent Business v. Sebelius addressing the Patient Protection and Affordable Care Act (“ACA”).1 The Court upheld, in a 5 to 4 ruling, the constitutionality of the individual mandate under the ACA.  Chief Justice … Continue Reading

From Diego To The Bay: California Voters Love Pension Reform, But It’s Not As Simple As It Looks For Public Employers

Posted in Legislation, Retirement
Two pension reform ballot measures were overwhelmingly passed by voters in San Diego and San Jose last week.  Now, other cities, counties and districts in California that participate in CalPERS or STRS, or maintain a ’37 Act system are asking, “can we do the same thing?”  The short answer is, “no,” at least not at … Continue Reading

PERB Publishes Proposed Regulations On Mandatory Factfinding

Posted in Labor Relations, Legislation
This guest post was authored by Connie C. Almond The Public Employment Relations Board (PERB) recently published proposed regulations to implement AB 646 (Chapter 680, Statutes of 2011), which requires factfinding in bargaining disputes under the Meyers-Milias-Brown Act (MMBA).  PERB is accepting written comments regarding the proposed regulations through June 12, and will hold a … Continue Reading

New Maryland Law Prohibits Employers from Asking for Social Media Passwords

Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords.  The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over … Continue Reading

California Supreme Court Upholds Law Eliminating Redevelopment Agencies

Posted in Labor Relations, Layoffs, Legislation
The California Supreme Court issued a ruling upholding a law that eliminated redevelopment agencies throughout the State.  This closely watched lawsuit stemmed from two measures passed by the Legislature last summer to help close California’s budget deficit.  The first measure eliminated more than 400 redevelopment agencies that were funded by property tax dollars.  The second … Continue Reading

The First Amendment In Public Employment And Education – Six Issues For The Year 2012

Posted in Education, First Amendment, Legislation
2012 promises to be a significant year for freedom of expression in America, not only because protest movements are expanding across the country in various forms, but also because 2012 is an election year.  And, it will not be just any election, but one involving a “show down” of forces that have railed against each … Continue Reading

With AB 1028, The Legislature Clarifies The Limits On Post-Retirement Work Opportunities For PERS Retirees

Posted in Legislation, Retirement
This guest post was authored by Steve Berliner   As of January 1, 2012, PERS retirees will have additional restrictions on their ability to work for PERS agencies.  While AB 1028 affects several different Government Code sections, it is garnering the greatest attention for its changes to Government Code sections 21221(h) and 21224; the two … Continue Reading

PERB Adopts Proposed Emergency Regulations On Mandatory Factfinding

Posted in Labor Relations, Legislation
This guest post was authored by Bruce A. Barsook Yesterday (December 8), the Public Employment Relations Board (PERB) adopted proposed emergency regulations to implement AB 646 (Chapter 680, Statutes of 2011), the recently enacted legislation requiring factfinding in bargaining disputes under the MMBA.  The emergency rulemaking package now will be submitted to the Office of … Continue Reading