This post was authored by Lisa S. Charbonneau.

Under Article XI, Sections 4 and 5 of the California Constitution, charter cities and counties have exclusive authority to regulate and determine their own municipal affairs, free from intrusion by the state.  These provisions of the Constitution are collectively referred to as the municipal affairs clause

In the wake of recent attention to sexual harassment in the workplace, employers and members of the public are asking: what about all of those sexual harassment trainings we required?  Are they helping?  How do we know?  And, if they’re not achieving our goals (public policy and agency-specific), what can we do better?

Just What

This post was authored by Peter J. Brown, Stephanie J. Lowe and Brett A. Overby

This principle used to be clear – paid administrative leave was outside the scope of an adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and conditions of

This post was authored by Amit Katzir

Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees.  Illinois, like California, is one of several states where agency shop arrangements are authorized in the public sector.

Under

This post was authored by Laura Schulkind and Jenny Denny

On September 7, 2017, United States Secretary of Education Betsy DeVos spoke at George Mason University Antonin Scalia Law School to discuss problems with the current Title IX enforcement system and identified the need to establish a regulatory framework that better serves all students.

BACKDROP

This post was authored by Pilar Morin and Jenny Denny

On September 5, 2017, United States Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (“DACA”) program, a 2012 program created under the Obama administration that deferred deportations and provided work permits for those who met the program’s criteria. The

Violent and tragic events in Charlottesville, and the intense national debate that followed, have put the issue of hate speech at the forefront of the public’s attention.  A number of publications have addressed the issue of when a private employer can discharge an employee who, on the employee’s own time, participates in organized hate speech. 

In the first half of 2017, some two-dozen bills have been introduced in the State Legislature with the potential to impact laws regulating government ethics, transparency, and political activity.  Legislation proposed in the State Assembly and State Senate seeks to repeal portions of existing law, and, at the same time, impose stronger penalties for violating

Work BlocksCalifornia employers are subject to numerous state and federal statutes that regulate employee compensation and hours of work. Whether California Labor Code provisions, such as those that guarantee penalties for the late payment of final wages, apply to a specific employer must be evaluated on a case-by-case basis. Do they? For most private school employers,