The National Football League just completed its annual draft, in which the 32 NFL teams select collegiate players from around the country to compete for a spot on their rosters. Prior to the draft, the teams spend time scouting, evaluating, and assessing these players. Soon, the newly drafted players will have a chance to practice
Employment
Treasury Issues Interim Final Rule on Coronavirus Local Fiscal Recovery Fund and Opens Process for Eligible Governments to Request Funding from the Fund
On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund[1] and opened the portal through which qualified governmental entities, including metropolitan cities[2] and counties[3], may apply to Treasury for the direct payment of such funds.
Note: In our April 16 Special …
My Other Computer is Your Computer: Preventing Employee Cybercrimes and Maximizing the Protections of California’s Anti-Hacking Statute
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…