This post was authored by Victoria E. McDermott.
California’s new Ban-the-Box Law is now in effect, and employers across the state are questioning its impact on their hiring practices. Assembly Bill 1008, codified as section 12952 to the Fair …
Guest Author
Unwrapping the Box – Putting California’s New Statewide Ban-the-Box Law into Practice to Avoid FEHA Liability
Posted in Employment, Hiring, LegislationCalifornia Court of Appeal Issues A Contrary Decision Addressing “Vested Rights” of Public Employees in the Aftermath of PEPRA: Where Will the Supreme Court Land?
Posted in Pension, Retirement
This post was authored by Frances Rogers and Brett A. Overby
A California Court of Appeal recently issued a decision with implications that can affect all public employers in California and in contrast to a decision by another Court of …
ACA Reporting Relief – Written Statement to Covered Individuals Now Due March 2, 2018; Good Faith Penalty Relief Extended
Posted in Employment, HealthcareThis post was authored by Erin Kunze and Heather DeBlanc.
1. Written Statement to Covered Individuals Now Due March 2, 2018 for the 2017 Calendar Year Reporting Period
The Internal Revenue Service (IRS) has issued an automatic, 30-day extension …
Labor Negotiations in 2017 – My Life at the Table
Posted in Labor Relations, Negotiations, Pension, Wage and Hour
This post was authored by Peter J. Brown
As 2017 comes to a close, it is a time of reflection for me since I have spent so much time this year in collective bargaining negotiations and in Board and Council …
To Be or Not to Be an Adverse Employment Action – What is Paid Administrative Leave?
Posted in Employment, Public Sector, Workplace Policies
This post was authored by Peter J. Brown, Stephanie J. Lowe and Brett A. Overby
This principle used to be clear – paid administrative leave was outside the scope of an adverse employment action. This was based on court …
Governor Brown Vetoes Bill To Codify Into State Law Federal Regulations And Repealed Federal Guidance On Student Sexual Assault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vetoed Senate Bill (SB) 169, a bill that would have codified into state law federal Title IX regulations and recently-repealed guidance on sexual assault …
Supreme Court Agrees to Look Again at Mandatory Agency Shop Fees
Posted in Appeals, Constitutional Rights, First Amendment, Litigation, Public Sector
This post was authored by Amit Katzir
Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees. Illinois, like California, is …
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 …
Disaster and Medical Relief Workers: How to Compensate Public Employees Deployed to Help Others
Posted in Labor Relations, Military Leave, Wage and Hour, Workplace Policies
This post was authored by Stephanie J. Lowe and Brett A. Overby
Over the past two months, a series of hurricanes has caused devastation to the United States, Puerto Rico, and other regions. As a result, the National Disaster Medical …
Affordable Care Act Reporting Draws Near
Posted in Healthcare
This post was authored by Heather DeBlanc
Over the last year we watched multiple unsuccessful attempts to repeal and replace the Patient Protection and Affordable Care Act (“ACA”). Now, ACA’s reporting deadlines are merely months away and the chance of …
An Employee Has Raised a Disability for the First Time During a Skelly. What Now?
Posted in Appeals, Disability, Discrimination, Employment, Personnel Issues
This post was authored by Kristin D. Lindgren
Intro
Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws. Even the most well-intentioned employers can run into trouble. But, what …
DeVos Calls For Revising Title IX Regulations, Announces Public Comment Period
Posted in Discrimination, Education, Legislation, Public Sector
This post was authored by Laura Schulkind and Jenny Denny
On September 7, 2017, United States Secretary of Education Betsy DeVos spoke at George Mason University Antonin Scalia Law School to discuss problems with the current Title IX enforcement system …
Trump Administration Ends Deferred Action For Childhood Arrivals (“DACA”)
Posted in Employment, Hiring, Labor Relations, Legislation, Public Sector
This post was authored by Pilar Morin and Jenny Denny
On September 5, 2017, United States Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (“DACA”) program, a 2012 program created under the Obama administration …
New FLSA Decision Sheds Light On Employee “Off-The-Clock” Claims
Posted in FLSA, Labor Relations, Litigation, Wage and Hour, Workplace Policies
This post was authored by Jolina A. Abrena
Over the past decade, employers have been daunted with increased litigation, including overtime cases filed under the Fair Labor and Standards Act (“FLSA”). Indeed, in the 2016 Fiscal Year, the Wage and …
Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar
Posted in Disability, Discrimination, Employment, Labor Relations, Lessons Learned, Litigation, Workplace Policies
This post was authored by Matthew Nakano.
On July 11, 2017, Liebert Cassidy Whitmore’s Jennifer Rosner partnered with Department of Fair Employment and Housing (“DFEH”) Assistant Chief Counsel Paula Pearlman to present a seminar on “How to Avoid Claims …
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 …
Legislature Passes Employee Orientation Bill (AB 119) – What Do Public Employers Need to Know?
Posted in Labor Relations, Legislation, Negotiations
This post was authored by Ashley Bobo
On Tuesday, June 27, 2017, Governor Brown signed Assembly Bill 119 into law. The law applies to public agencies including cities, counties, special districts, trial courts, state civil service agencies, the Los Angeles …
Discipline for Officer-Provoked Force Incidents after County of Los Angeles v. Mendez
Posted in Public Safety Issues
This post was authored by Paul Knothe and Kaylee Feick
On May 30, 2017, the United States Supreme Court issued a decision in County of Los Angeles v. Mendez. LCW attorneys, J. Scott Tiedemann and Leighton Henderson, submitted an …
Writings Concerning Public Business Are Public Records – Even If They Are Sent, Received, Or Stored On An Employee’s Personal Email, Phone, Or Computer
Posted in Privacy
This post was authored by Alison R. Kalinski
The California Supreme Court today reversed the Court of Appeal in City of San Jose v. Superior Court (Smith), and held that communications by a city employee concerning public business on …
California Supreme Court Decides Landmark Case on Mandated Rest Breaks
Posted in Employment
This blog post was authored by Jeffrey C. Freedman.
California law requires employers in most private businesses to allow employees to take breaks, or rest periods, of at least ten minutes for roughly each four hours of work. Can …
Can California Employers Require Employees To Pass On Marijuana Even If It’s Legalized On Election Day?
Posted in Employment, Workplace Policies
This post was authored by Megan Lewis.
Twenty years ago, California became the first state to legalize medical marijuana. Since then, numerous other states have legalized marijuana for medicinal use. What about more general legalization? Though a previous attempt …
IRS Releases Proposed Regulations Regarding the Affordable Care Act’s Calculation of Coverage Affordability for Employers Offering Opt-Out Payments
Posted in Healthcare
This Special Bulletin was authored by Heather DeBlanc and Shardé Thomas.
On July 8, 2016, the Internal Revenue Service (IRS) released proposed regulations implementing some of the rules previously announced in IRS Notice 2015-87. The proposed regulations will apply …
The Anticipation And Wait Is Over – The New FLSA Salary Basis Test Regulations Are Here!
Posted in FLSA
This post was authored by Jolina A. Abrena and Gage Dungy
On May 18, 2016, the U.S. Department of Labor (“DOL”) issued new regulations modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime …
PERB Reaffirms That a Bargaining Impasse is Not Broken Unless a Party Makes a Significant Concession
Posted in PERB
This post was authored by Adrianna E. Guzman and Joshua A. Goodman
Picture this scenario: an employer and a union engage in negotiations for a successor Memorandum of Understanding (MOU), and after several months, reach tentative agreement on some, but …