This post was authored by Kevin J. Chicas.
It is not uncommon for public agencies to contract with another organization or company to provide temporary services to cover for vacant positions. A recent decision issued by the CalPERS Board …
Guest Author
Third Party Independent Contractor Agreements Do Not Guarantee Protection from CalPERS Membership
Posted in EmploymentSmell the Bouquet of Legal Issues
Posted in DisabilityThis post was authored by Sarah R. Lustig.
A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) …
Court of Appeal Issues First Published Decision on Senate Bill 1421 and Retroactivity
Posted in Special Bulletin
This Special Bulletin was authored by J. Scott Tiedemann & Lars T. Reed
Over the past three months, since California Senate Bill 1421 went into effect on January 1, 2019, numerous public agencies across California have been involved in litigation …
White House Issues Executive Order On Free Speech In Higher Education
Posted in Special Bulletin
This Special Bulletin was authored by David Urban.
On March 21, 2019, the White House issued an Executive Order requiring federal agencies to withhold certain types of funds from higher education institutions that fail to comply with the First …
Department Of Labor Proposes to Increase the Minimum Salary to Qualify for FLSA Overtime Exemptions
Posted in FLSA, Special Bulletin
This Special Bulletin was authored by Tony G. Carvalho.
On March 7, 2019, the Department of Labor (DOL) published a Notice of Proposed Rulemaking that, if implemented, will affect the minimum wage and overtime-exempt status of many employees under …
California Supreme Court Holds That Air Time is Not a Vested Right, Passes on Reexamining “California Rule”
Posted in Special BulletinThis Special Bulletin was authored by Frances Rogers & Amit Katzir.
The California Supreme Court issued a long-awaited decision in Cal Fire Local 2881 v. CalPERS, a case addressing whether the Legislature’s elimination of “air time” as an …
Courts Begin To Weigh In On Senate Bill 1421 and the Release of Police Records
Posted in Public Safety Issues
This post was authored by Geoffrey S. Sheldon & Lars T. Reed.
Immediately after California Senate Bill 1421 went into effect on January 1, 2019, public agencies across California began receiving requests for public records relating to certain high-profile …
EEOC Removes Final Rules that Permitted Employers to Offer Incentives to Encourage the Disclosure of Health Information in Connection with an Employer Wellness Program
Posted in Disability
This post was authored by Carla McCormack.
In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program. …
Tips from the Table: Constructive Receipt
Posted in Labor Relations, Tips from the TableWe are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. …
Service Animal Vs. Emotional Support Animal At Work – Is There A Difference Any More?
Posted in Disability
This post was authored by Jennifer Rosner.
In the employment context, the statutory schemes that require reasonable accommodation for disabilities are the California Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA). The ADA defines …
Tips for Responding to SB 1421 Requests
Posted in Public Safety Issues
This post was authored by J. Scott Tiedemann & Lars T. Reed.
On January 1, 2019, California Senate Bill 1421 went into effect. The new law allows members of the public to obtain certain peace officer personnel records that …
Happy New Year from Liebert Cassidy Whitmore!
Posted in New Year Video CardHappy New Year from Liebert Cassidy Whitmore!
All of us at LCW have come together to say “Thank You!”
We hope that you enjoy our video card.
…
Federal District Court Strikes Down Affordable Care Act. What Now for Employers?
Posted in Healthcare
This Special Bulletin was authored by Heather DeBlanc and Amit Katzir.
A federal district judge in Texas ruled last Friday that the Patient Protection and Affordable Care Act’s individual mandate was unconstitutional and that the ACA’s other provisions were …
DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019
Posted in Harassment, Legislation
This Special Bulletin was authored by Gage C. Dungy and Lars T. Reed.
Since 2005, Assembly Bill 1825 has required private sector employers with 50 or more employees and all public employers provide two hours of sexual harassment training …
Court — and Legislature — Limit Employer Use of “Offer of Compromise” in FEHA Litigation
Posted in Legislation, Litigation
This post was authored by Jeffrey C. Freedman.
What happens when two totally valid legislative goals—that happen to contradict each other—collide? Like the title of the 2003 film with Diane Keaton and Jack Nicholson, “Something’s Gotta Give!” In Huerta …
Questions and Answers Regarding Responding Quickly to Disasters
Posted in Public Safety Issues, Safety
This post was authored by Laura Schulkind, Jenny Denny and Eileen O’Hare-Anderson
Many of you are facing tremendous challenges with the current fires in both ends of the state. We wish we could stand next to you and be …
2019 Public Sector Employment Law Conference – Registration Now Open!
Posted in LCW Annual Conference
Registration is now open for the Annual Liebert Cassidy Whitmore Public Sector Employment Law Conference, which takes in Palm Desert on Thursday & Friday, January 24-25, with an optional pre-conference session on Wednesday, January 23. The conference is geared towards …
UPDATED – New Legislation Will Impact Litigation of FEHA Claims, Employer-Employee Agreements, and Necessitate Additional Employer Training
Posted in Employment
This post was authored by Geoffrey S. Sheldon & Andrew Pramschufer
EDITOR’S NOTE: This article has been revised from its original version that was published on October 1, 2018. The original version noted, among other things, that SB1300 amended …
Paid Time Off for Union Leaders: New Law Extends Requirements for Public Employers to Grant Leaves of Absence for Union Stewards and Officers
Posted in Labor Relations
This post was authored by Heather R. Coffman.
A concept known as “lost time” in some negotiated Memoranda of Understanding is now State law. Effective January 1, 2019, public employers may be required to grant paid leaves of absence …
It’s a New Fiscal Year – Time to Reset Your CalPERS Stopwatch
Posted in Pension, Retirement
This post was authored by Matthew Nakano.
As public agencies near the end of the first quarter of the new fiscal year, now is the ideal time for California Public Employees’ Retirement System (CalPERS) agencies to verify that hours …
Voter – Backed Pension Reform Is Dealt a Blow by California Supreme Court
Posted in Pension
This post was authored by Frances Rogers and Brett A. Overby.
Last week, the City of San Diego’s Proposition B, a 2012 voter-approved ballot measure designed to save the City’s weakening pension system, was dealt a potentially fatal blow …
Mandatory Agency Shop Fees Ruled Unconstitutional in Janus v. AFSCME
Posted in Labor Relations This post was authored by Kevin J. Chicas.
The United States Supreme Court today, on Wednesday June 27, 2018, reversed the Seventh Circuit Court of Appeals in Janus v. AFSCME, and held that mandatory agency shop service fees are …
Tips from the Table: Negotiating Personnel Rules
Posted in Labor Relations, Tips from the TableWe are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. …
Don’t Click “Block” Just Yet: Judge Rules Public Officials, Including the President, Can’t Block People on Twitter
Posted in Social Media
This post was authored by Ashley Bobo.
It was only this past June that the Supreme Court emphasized the impact of social media on the modern world. The court made it clear in Packington v. North Carolina that social …