A California Court of Appeal recently found that the City and County of San Francisco’s disciplinary procedure for police officers is not compliant with the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), which requires that all California law enforcement agencies provide officers with certain minimum procedural rights. In Morgado v. City and County
New FLSA Decision Sheds Light On Employee “Off-The-Clock” Claims
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 Hour Division (“WHD”) of the U.S. Department of Labor determined that there were violations in
Retaliation Claims- Unique Concerns And How To Be Prepared
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 may not necessarily be the norm, it is also not unheard
Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar
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 of Disability Discrimination: The Road to Reasonable Accommodation.” This seminar focused on navigating the challenges
Final Judgment Rule – Four Exceptions to Keep in Mind
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps
Appellate Law – The Final Judgment Rule and its Exceptions
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps
Year-End Review of California’s Notable Employment Decisions
Overall, employers fared well in the outcome of published decisions related to various employment claims this year (although there were cases that went to employees). Some of the notable cases are discussed below.
Fitness for Duty
A university professor unsuccessfully sued his employer for violations of the California Fair Employment and Housing Act (FEHA), the
Big Changes Are Coming to the Department of Fair Employment and Housing
The way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation. Motivated by a desire to close a nearly $16 billion budget deficit by reducing duplication and maximizing efficiency within State government, Governor
When Parents Behave Poorly, Must Districts Still Engage In The Process? When “Stay Put” Does Not Mean “Freeze!”
This guest post was authored by Heather R. Coffman
In a recently published decision, Anchorage School District v. M.P., (9th Cir. 2012) —F.3d — [2012 WL 2927758], the Ninth Circuit Court of Appeals sent a cool message to school districts struggling to provide special education services to children with hyper-litigious parents: Parents’ poor behavior
Appellate Law — What Are Amicus Curiae Briefs?
Public agency officials and employees may read newspaper articles about recently decided landmark cases in public sector labor and employment law, and may feel relief, anger, surprise, or vindication in the result. This is especially true if the decision impacts how the agency functions on a day-to-day basis. These same individuals may also find developing