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This article was originally published in June 2014.  The information has been reviewed and is up-to-date as of August 2021.

It is a common phrase that most in the public sector have heard of – a “PERS audit.”  However, despite having heard of CalPERS (“PERS”) audits occurring, many have not experienced an audit firsthand and

This article was reviewed in June 2021 and is up-to-date.

Prevention of liability starts with auditing your agency’s personnel rules.  Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.”  Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures.  Thus, the outcome

Yesterday, on September 18, 2019, Governor Gavin Newsom signed Assembly Bill No. 5 (AB 5) into law.  AB 5 codifies the “ABC” test for determining independent contractor status that the California Supreme Court adopted in its 2018 decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903.  AB 5 adds section 2750.3

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The use of independent contractors in the public sector is becoming more and more common. With rising pension costs coupled with budget cuts, utilizing an independent contractor in lieu of an employee to provide services may be considered a cost-effective approach.  These independent contractors can take the form of a “temp worker” or a specialized

Personnel-Policies

Prevention of liability starts with auditing your agency’s personnel rules.  Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.”  Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures.  Thus, the outcome of a lawsuit may just depend on whether the agency