Following up on our December 6, 2018 Special Bulletin “DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019” regarding the impact of SB 1343’s new legal
California Supreme Court Holds that Law Enforcement Agency May Disclose “Brady List” to Prosecutors Notwithstanding Pitchess Statutes
In a unanimous decision published today, the California Supreme Court held that the Los Angeles County Sheriff’s Department (LASD) could share with prosecutors the names of deputies on its “Brady list” in particular cases without seeking a court order after a Pitchess motion. The Court held that the LASD would not violate Pitchess “by
California Workplace and School Nondiscrimination Laws Amended to Protect Traits Historically Associated With Race, Including Hair Texture, Braids, Locks, and Twists
On July 3, 2019, Governor Gavin Newsom signed into law a bill that extends California’s workplace and school discrimination protections to cover race-related traits, including hair. SB-188 expands the definition of “race” under the Fair Employment and Housing Act and the nondiscrimination provisions of the Education Code. Effective January 1, 2020, “race” will include “traits
PERB Rules Employer Has No Obligation To Provide Union Or Employee With Written Complaint Until After Initial Investigatory Interview
This Special Bulletin was authored by Eileen O’Hare-Anderson & Emanuela Tala
The Public Employment Relations Board (“PERB”) found that the Contra Costa Community College District (“District”) did not violate the Educational Employment Relations Act when it withheld copies of written discrimination complaints against two faculty members in advance of investigatory interviews.
Court of Appeal Issues First Published Decision on Senate Bill 1421 and Retroactivity
This Special Bulletin was authored by J. Scott Tiedemann & Lars T. Reed
Over the past three months, since California Senate Bill 1421 went into effect on January 1, 2019, numerous public agencies across California have been involved in litigation over whether the new law applies to records created before 2019. After conflicting decisions from
DOL Proposes Changes to the Rules Governing Payments to Exclude from the Regular Rate
This Special Bulletin was authored by Lisa S. Charbonneau
On March 29, 2019, the Department of Labor (DOL) published proposed new rules on the Regular Rate requirements (i.e., the rate at which overtime must be paid) under the Fair Labor Standards Act (FLSA). The proposed rules may be found here. The comment period for
White House Issues Executive Order On Free Speech In Higher Education
This Special Bulletin was authored by David Urban.
On March 21, 2019, the White House issued an Executive Order requiring federal agencies to withhold certain types of funds from higher education institutions that fail to comply with the First Amendment or federal laws, regulations, or policies on free inquiry. The Executive Order does not
Department Of Labor Proposes to Increase the Minimum Salary to Qualify for FLSA Overtime Exemptions
This Special Bulletin was authored by Tony G. Carvalho.
On March 7, 2019, the Department of Labor (DOL) published a Notice of Proposed Rulemaking that, if implemented, will affect the minimum wage and overtime-exempt status of many employees under the Fair Labor Standards Act (FLSA). The proposed changes concern the “salary basis test” applicable
California Supreme Court Holds That Air Time is Not a Vested Right, Passes on Reexamining “California Rule”
This Special Bulletin was authored by Frances Rogers & Amit Katzir.
The California Supreme Court issued a long-awaited decision in Cal Fire Local 2881 v. CalPERS, a case addressing whether the Legislature’s elimination of “air time” as an optional benefit for members of CalPERS unconstitutionally impaired a vested contractual right. Holding that the
The Legislature Introduces Clean-Up Bill SB 778 to Fix SB 1343 Harassment Training Requirements – What This Means for Your Agency
This Special Bulletin was authored by Gage C. Dungy.
NOTE: This update incorporates further amendments to SB 778 and serves to remind clients that these are only proposed fixes to the existing SB 1343 harassment prevention training requirements that are not yet law. SB 778 is subject to change again before becoming law. If