Last month, the General Counsel's Office ("GC") of the National Labor Relations Board (NLRB) issued an internal memorandum announcing its intent to seek a significant change in the rules that have historically deemed "partial" or "intermittent" strikes to be unprotected under the National Labor Relations…
On June 2, 2016, the Ninth Circuit Court of Appeals issued its opinion in Flores v. City of San Gabriel, 9th Circuit Court of Appeals Nos. 14-56421 and 14-56514. The decision holds that amounts paid to employees in lieu of health benefits must be included…
Earlier this month, the Ninth Circuit issued its opinion in the Flores case - holding that amounts paid to employees in lieu of health benefits (for example, when an employee can show proof of alternative coverage) must be included in the regular rate for purposes…
Recently enacted regulations under the California Fair Employment and Housing Act (FEHA) require employers to develop a harassment, discrimination, and retaliation prevention policy that: 1) Is in writing. 2) Lists all current protected groups under FEHA which includes: race, religious creed, color, national origin, ancestry,…
Fry et al. v. City of Los Angeles (March 7, 2016), B259791, ___ Cal.App.4th ___ [ 2016 WL 861241] In Fry et al. v. City of Los Angeles, the Court of Appeal rejected a vested rights challenge to a City of Los Angeles ordinance that…
Ellins v. City of Sierra Madre (Jan. 28, 2016, B261968) ___ Cal.App.4th ___ [2016 WL 337383] The Public Safety Officers Procedural Bill of Rights Act ("POBRA") (Government Code section 3300 et seq.) provides procedural guarantees to public safety officers who are placed under investigation and…
On October 8, 2015, Governor Brown signed into law SB 178, titled "Electronic Communications Privacy Act" ("ECPA"). SB 178 amends California's Penal Code to require that any law enforcement agency or other government entity must obtain a search warrant or court order before it can…
In August, we sent out an e-alert - The Legislature and a PERB ALJ Gang Up on Local Agencies That Have Adopted "COIN" Transparency Measures - regarding SB 331, the so-called "Civic Reporting Openness in Negotiations Act." SB 331 was drafted at the behest of…
Poole v. Orange County Fire Authority (Aug. 24, 2015, S215300) ___ Cal.4th ___ [2015 WL 4998965] On August 24, 2015, the California Supreme Court issued a decision that validates the practice by many supervisors in the public sector of keeping informal "working files" as memory…
Upon return in August from its summer recess, the California Assembly will consider the so-called "Civic Reporting Openness in Negotiations Efficiency Act" (SB 331), which passed the Senate on May 22, 2015. The bill targets the growing trend of public agencies adopting COIN (Civic Openness…