When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement. What makes matters more complicated is that the definition of disability is not the same under each law. So, while a medical condition may meet
Five Common Pitfalls in the Reasonable Accommodation Process
This article was originally published in February 2014. The information has been reviewed and is up-to-date as of August 2021.
Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform
Your Employee Is On-Call, But Is Your Employee “Working”?
This article was originally published in February 2015. The information has been reviewed and is up-to-date as of August 2021.
The term “on call pay” is subject to various interpretations. There is on-call pay where an employer pays an employee a flat rate or small hourly amount to be available to the employer, such as
Trouble-Shooting the Hiring Process for a Public Agency
This article was reviewed in August 2021 and is up-to-date.
The stock market has reached all-time highs and the economy in general continues to be strong. In this scenario, many public sector employers are hiring. Although this is certainly welcome news, the hiring process does, however, carry legal risks.
The following are six areas
Do You Have Seasonal Workers? What To Know About Health & Retirement Benefit Obligations
This article was reviewed in July 2021 and is up-to-date.
As the summer season winds down, so do public agency departments that hire seasonal workers to staff summer camps, pools, extended park and recreation hours, and a myriad of season-specific facilities and activities. But, just how do seasonal workers impact the agency’s health and
Retaliation Claims – Unique Concerns And How To Be Prepared
This article was reviewed in July 2021 and is up-to-date.
Often times, an employee may know that discipline or a poor performance evaluation is imminent. Occasionally, such an employee will engage in a preemptive strike—“You can’t discipline me or give me a poor performance evaluation now since I have submitted a complaint.” While this
Masks Off? What Employers Need to Know About Changes to California’s Mask Mandates
On June 15, 2021, the State of California took a step towards returning to some normalcy when it officially reopened for business after over a year of restrictions and closures due to the COVID-19 pandemic. In doing so, the state announced it would be easing, for vaccinated individuals, some of the restrictions set in place
Prevention, Prevention, Prevention! It’s Time to Audit Your Agency’s Personnel Rules
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
Common Pitfalls in Using 9/80 Schedules and How to Avoid Them
This article was reviewed in May 2021 and is up-to-date.
Many public employers utilize 9/80 work schedules for non-exempt employees. A 9/80 work schedule is essentially a two-workweek schedule of eight 9-hour days, one 8-hour day, and one day off. However, once the 9/80 work schedule is implemented, there are a number of mistakes unsuspecting
CalPERS Requirements Public Agencies Should Know Heading into the New Fiscal Year
As public agencies head into the end of the 2020-2021 fiscal year and prepare for the 2021-2022 fiscal year, it is the perfect time of year for agencies that contract with the California Public Employees’ Retirement System (“CalPERS”) to refresh their knowledge about upcoming deadlines and requirements. Below are the key CalPERS deadlines and requirements