California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and
The Top 9 Ways COVID-19 Can Affect Your Public Agency’s Health Benefits
The COVID-19 pandemic has changed the work environment in many ways, including a significant impact on employer-sponsored health benefits. The past year has resulted in changes to how frequently individuals visit the doctor (or do not visit the doctor), purchase eligible medical expenses, and need dependent care. In response to the pandemic, the IRS, Congress,
What To Do When Employees Decline COVID-19 Vaccinations?
One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands. With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace. As employers think about
Peace Officer Certification Standards Have Changed, and Decertification is Likely on the Horizon
All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST). Those standards have recently been expanded, and more change may be coming.
AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a peace officer be free of bias against race or
Out-of-State Telecommuting During COVID and Beyond
As the COVID pandemic rages on, employees required to work remotely since March 2020 will continue to do so for at least a foreseeable portion of 2021. While a burden for some, the pandemic has opened endless relocation possibilities for others, allowing some remote workers to visit and stay with family, work from a vacation
Recent California Supreme Court Decision in the Independent Contractor Classification Saga Holds that Dynamex Applies Retroactively
On April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. The California Supreme Court reinterpreted and significantly altered the test for determining whether workers in California were properly classified as independent contractors for
The Protected Trait – the Dividing Line between Hurtful and Unlawful Conduct
The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured. In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.” Or, in a workplace
A SWAT Sniper’s First Amendment Rights Impact a Police Department’s Ability to Discipline Him For a Facebook Posting
In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was
Working From Home in a Post-Pandemic World
At the beginning of the COVID-19 pandemic, many employers allowed some of their employees to work from home (i.e., “telecommute” or “telework”) in the interest of public health. We are now entering our tenth month of the pandemic, and working from home has become “the new normal” for many employers and employees. Now, as vaccines
Cal/OSHA Provides Questions and Answers Regarding New Regulations Related to COVID-19
On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8 Sections 3205 and 3205.1, which, respectively, relate to the COVID-19 Prevention Program (CPP)[1] and workplace