Alysha Stein-Manes provides representation and counsel to LCW clients in all matters pertaining to labor, employment, and education law.
Allegations of Sexual Misconduct, Student Discipline on Campus, and Due Process: Keeping Up with Rapidly Evolving Interpretations of State and Federal Laws
Posted in Education
This blog was authored by Alysha Stein-Manes.
The manner in which institutions of higher education must address sexual assault in the educational context continues to evolve as both the federal government and courts weigh in on what procedures public …
U.S. Department of Justice Sues the State of California Over Newly Enacted Immigration Laws
Posted in Constitutional Rights
This blog was authored by Alysha Stein-Manes.
Last month, the United States Department of Justice (DOJ) filed a lawsuit in federal court against the State of California (the “State”), alleging that three laws enacted by the State between June …
Navigating the Hazy World of Recreational Marijuana Use Following Proposition 64’s Passage
Posted in Constitutional Rights, Employment, Legislation, Workplace Policies
Last year, California voters passed Proposition 64 (“Prop 64”), making the recreational use and sale of marijuana generally permissible under California law. Specifically, Prop 64 legalizes the use of marijuana for non-medical reasons by adults age 21 and over. …
Governor Brown Vetoes Bill To Codify Into State Law Federal Regulations And Repealed Federal Guidance On Student Sexual Assault
Posted in Education, Harassment, Legislation
This post was authored by Alysha Stein-Manes and Jenny Denny
On October 15, 2017 Governor Brown vetoed Senate Bill (SB) 169, a bill that would have codified into state law federal Title IX regulations and recently-repealed guidance on sexual assault …
Employers Must Now Provide Notice to Employees Pursuant to AB 2337 / Labor Code Section 230.1 Regarding the Rights of Victims of Domestic Violence, Sexual Assault or Stalking in the Workplace
Posted in Employment, Harassment, Legislation, Workplace Policies
This post was authored by Alysha Stein-Manes and Kaylee E. Feick.
Last November, we reported that Governor Jerry Brown signed Assembly Bill No. 2337 (“AB 2337”) into law. AB 2337 amended Labor Code section 230.1 (“Section 230.1”) to require employers …
California Legislation Seeks to Limit Public Agency Activities Surrounding Immigration Enforcement and Religious Freedom
Posted in Education, Employment, Legislation, Public Safety Issues
In December 2016, shortly after the November 8 presidential election, members of the California Legislature introduced for consideration a series of bills addressing immigration enforcement. Within the series, three bills would place limitations on a public agency’s ability to participate …
CalPERS School and Local Agency Members May Now Recover Service Credit and Compensation Earnable Upon Administrative, Arbitral or Judicial Reversals of Terminations
Posted in Retirement
CalPERS contracting agencies and schools should be aware that effective January 1, 2017, if an employee’s termination is overturned on appeal, back pay is not the only thing the employee will be able to recover. On June 21, 2016, we …
Employers’ Continuing Affordable Care Act Obligations Under the Trump Administration
Posted in Healthcare
One of the first acts of the new Administration was to issue an Executive Order (the “Order”) “Minimizing the Economic Burden of the Patient Protection and Pending Repeal.” The Executive Order, which is in line with the President’s campaign platform …
Righting Wrongs Before It Costs Serious Dough – How Affordable Care Act Audits Can Help Employers Avoid Steep Reporting Penalties
Posted in Healthcare
At the beginning of each calendar year all employers who are considered “Applicable Large Employers” (“ALE”) under the Affordable Care Act (“ACA”) Employer Mandate Regulations will be required to file with the Internal Revenue Service (“IRS”) annual information returns concerning …
President Obama Signs the Every Student Succeeds Act into Law, Replacing No Child Left Behind’s One-Size-Fits-All Model with State-Centric Authority Over Education
Posted in Education
Last week, President Obama signed the federal Every Student Succeeds Act (“ESSA” or the “Act”) into law. The Act reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”). A bipartisan compromise bill, ESSA supersedes the controversial No Child Left …
The Federal Government Is Not Messing Around When It Comes To Title IX Compliance: What OCR’s University of Virginia Investigation Can Teach Us
Posted in Education
Over the past several years, mainstream media has become increasingly fixated on issues of sexual violence on college campuses, with major state universities like the University of Montana, Michigan State University, the University of Virginia (UVA), and the University …
U.S. Supreme Court Agrees to Hear Case Regarding the Constitutionality of Compulsory Union Fees
Posted in Education, Labor Relations
On June 30, 2015, the Supreme Court of the United States agreed to hear an appeal in Friedrichs v. California Teachers Association to answer the question of whether compulsory “agency shop” fees violate the First Amendment. An “agency shop” arrangement …
The Supreme Court Has Spoken: Federal Health Care Subsidies Are Available to Qualifying Individuals Nationwide.
Posted in Healthcare
In January, we reported that the Supreme Court of the United States granted review in King v. Burwell to decide whether under the Patient Protection and Affordable Care Act (ACA) the Federal Government could offer subsidies to individuals who purchase …
Title IX and Sexual Violence in the Wake of the Failures of the Rolling Stone ‘A Rape on Campus’ Narrative: What All Educational Institutions Need to Know
Posted in Education
In recent months, partially in reaction to several investigations initiated by the U.S. Department of Education’s (“DOE”) Office for Civil Rights (“OCR”), the news media has drawn attention to the prevalence of sexual violence on college campuses and scrutinized administrative …