As California public agencies increasingly experiment with generative artificial intelligence (“AI”) tools like ChatGPT, a critical question is no longer theoretical: are AI prompts and outputs subject to disclosure under the California Public Records Act (“CPRA”)?
Recent reporting and public records requests suggest the answer may soon be tested in real time—and that agencies should
For agencies operating hospitals, clinics, behavioral health programs, correctional health programs, or other essential public health services, picketing and strike activity by their employees can raise immediate operational, legal, and public-facing concerns. In these settings, the urgent question is how the agency will maintain critical services, protect patients and the public, and respond lawfully and
Disciplinary and investigatory interviews are an unavoidable part of managing a public workforce. When a represented employee is questioned in a setting that could lead to discipline or involving highly unusual circumstances that may significantly impact the employer-employee relationship, the employee may invoke the right to union representation. The right is grounded in both PERB
High-profile U.S. Immigration and Customs Enforcement operations across the country underscore how rapidly moving and emotionally-charged immigration enforcement actions can be. Planning in advance for how your agency will respond if federal agents contact or involve employees in an enforcement action can be critical to managing risk and maintaining calm. Below are key legal principles
Senate Bill 627, also known as the No Secret Police Act (“Act”) was signed by Governor Newsom on September 20, 2025. The Act takes effect on January 1, 2026; an urgency clause in a prior version of the legislation that would have made it effective immediately was not included in the final version.
Can a public agency deduct an overpayment directly from an employee’s paycheck without running afoul of the Labor Code? Two recent cases shed new light on this long-debated issue. In Stone v. Alameda Health Sys., (2024) 16 Cal. 5th 1040, and Bath v. State of California (2024) 105 Cal.App.5th 1184, California courts confirmed that
This post appeared in November 2017. It was reviewed in September 2024 to provide the most up-to-date legal information.
This principle used to be clear – paid administrative leave was outside the scope of adverse employment action. This was based on court holdings that an employee suffers no substantial or material change in terms and
AB 89, also known as the Peace Officers Education and Age Conditions for Employment, or “PEACE” Act, went into effect on January 1, 2022.
The most straightforward piece of that legislation was Government Code section 1031.4, which raises the minimum age for most peace officer employment from 18 to 21. This is a current requirement
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 of
On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency regulations”).
The emergency regulations, which will likely take effect on November 30, 2020, apply to public