On January 19, 2017, the City of San Gabriel filed a petition for writ of certiorari with the U.S. Supreme Court in the case known as Flores v. City of San Gabriel. The petition seeks to reverse the decision of the Ninth Circuit Court of…
San Joaquin County Correctional Officers' Association v. County of San Joaquin (Dec. 20, 2016) Cal. Court of Appeal, 3d Appellate Dist., Case No. C079413, __ Cal. App. 5th The Public Employees' Pension Reform Act of 2013 (PEPRA) contains language that permits a County employer to…
Cal Fire Local 2881 et al. v. California Public Employees' Retirement System, et al. (December 30, 2016), California Court of Appeal, First Appellate Division, Division Three, Case No. A142793 . In the coming year, the California Supreme Court is poised to reexamine California's controversial "vested…
Following up on last week's Part I, please find below Part II of our Annual Update of new bills likely to impact California public agencies with regard to labor and employment issues. Most of these laws will take effect on January 1, 2017. For more…
The Governor's Busy Pen - Annual Update Below is Part I of our Annual Update of new bills that are likely to impact California public agencies with regard to labor and employment issues. Most of these laws will take effect on January 1, 2017. We…
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…