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…
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…