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Frances Rogers has extensive litigation, arbitration, and administrative hearing related experience. Additionally, she provides representation and legal counsel to clients in all matters pertaining to labor, employment, and education law.

Frances is experienced in conducting and assisting with investigations pertaining to harassment, discrimination, internal affairs and other employee misconduct. Frances also advises public agencies on retirement issues, including local safety disability retirement and compliance with other state and federal employment laws.

Frances was recently selected for inclusion in Super Lawyers 2010 Northern California Rising Star in the field of Employment & Labor Law.

Breaking-News.jpgAn employer subject to the County Employees Retirement Law of 1937 (“’37 Act”) maintains the unilateral right to discontinue picking-up the member contributions of its employees after exhausting all collective bargaining obligations.  This was the decision of the San Bernardino County Superior Court on April 11, 2014 in denying a Petition for Writ of Mandate

Retirement_Graphic.jpg“A practice or policy extended over a period of time does not translate into an implied contract right [to a continued retiree medical benefit] without clear legislative intent to create that right – an intent that REAOC has not demonstrated here.”  That was the holding of the federal Ninth Circuit Court of Appeals in the

Employee Computer.JPGShakespeare asked, “What’s in a name?”  You may answer “independent contractor,” but someone else would say, “employee.”  Does it matter?  You better believe it.  There are numerous laws that may very well cause employers to pay a lot more than they bargained for when hiring people and treating them as independent contractors.  A recent court

Retirement Sign.jpgWhat Is An Impairment Of A Memorandum of Understanding (“MOU”)?

The Public Employees’ Pension Reform Act  (“PEPRA”) prohibits employers from paying any portion of a “new member’s” member contribution rate.  New member contribution is 50% of total normal cost.  CalPERS recently released new actuarial reports to employers reflecting what the member contribution rate will be

The California Constitution guarantees that all public school students and staff have an inalienable right to attend campuses which are “safe, secure and peaceful.” Both the state and federal government have enacted a multitude of laws aimed at protection of children, schools, educators and staff; so many that we could not possibly cover them all in this piece

Although many schools face tight budget constraints these days, schools can, within their resources, take steps to promote safety. This is not an exhaustive discussion of all the laws and legalities for maintaining a safe school. The following are just a few highlights of the laws and some ideas for what even the most financially strapped schools can do at the local level.
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Breaking News.jpgPension 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

CA Seal.jpgDoes 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

Retiree_Working.jpgIn 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