With Thanksgiving just around the corner, we would like to take a moment to appreciate all of the wonderful people in our lives that we have the pleasure of working with every day. At LCW, we are thankful to do the work that we love within the communities that we love. Our clients are a
The Long-Awaited FLSA Salary Basis Update Is Finally Here – What This Means For California Public Education Employers
This article was authored by Brian P. Walter and Lars T. Reed.
Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime requirements. The final rule will become effective on January 1, 2020. It
PERB Rules Employer Has No Obligation To Provide Union Or Employee With Written Complaint Until After Initial Investigatory Interview
This Special Bulletin was authored by Eileen O’Hare-Anderson & Emanuela Tala
The Public Employment Relations Board (“PERB”) found that the Contra Costa Community College District (“District”) did not violate the Educational Employment Relations Act when it withheld copies of written discrimination complaints against two faculty members in advance of investigatory interviews.
Budget Trailer Bill SB 94 Clears Up Ambiguity Regarding Public Access to Body Camera Videos, Amending AB 748
This blog post was authored by J. Scott Tiedemann & Lars T. Reed
On Thursday, June 27, 2019, Governor Newsom signed into law the new State Budget as well as accompanying budget trailer bills. One of the budget trailer bills, Senate Bill 94, contains clean-up language for provisions added to
Third Party Independent Contractor Agreements Do Not Guarantee Protection from CalPERS Membership
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 of Administration (the “Fuller” Decision) illustrates why public employers should be careful about
Smell the Bouquet of Legal Issues
This 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) and/or the Fair Employment and Housing Act (FEHA). John Barrie (Barrie) suffers from allergic sensitivities
Court of Appeal Issues First Published Decision on Senate Bill 1421 and Retroactivity
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 over whether the new law applies to records created before 2019. After conflicting decisions from
White House Issues Executive Order On Free Speech In Higher Education
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 Amendment or federal laws, regulations, or policies on free inquiry. The Executive Order does not
Department Of Labor Proposes to Increase the Minimum Salary to Qualify for FLSA Overtime Exemptions
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 the Fair Labor Standards Act (FLSA). The proposed changes concern the “salary basis test” applicable
California Supreme Court Holds That Air Time is Not a Vested Right, Passes on Reexamining “California Rule”
This 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 optional benefit for members of CalPERS unconstitutionally impaired a vested contractual right. Holding that the