Policy Papers:
- A Reflection Point for Police Agencies (August 2020)
- Newest Developments in Workplace Drug and Alcohol Laws (October 2019)
- Everything You Need to Know about SB 1421 and AB 748 (October 2019)
- Risk Management – An Important Part of Your Fiscal Picture (March 2018)
- Labor and Employment Voter Initiatives: Legal Pitfalls and Hurdles in Seeking Reform at the Ballot Box (September 2015)
- PIP-PIP-HOORAY!: Performance Management & Performance Improvement Plans (November 2014)
- A Collaborative and Positive Approach to Labor and Management Relationships (November 2014)
- When Does a Special District Need to Call a Public Hearing? (September 2014)
- The “Carve Out”: A Progressive and Economical Alternative to Traditional Workers’ Compensation (February 2014)
- 2014 Changes to Statutes Administered by PERB (January 2014)
- Navigating the Mandatory Fact-Finding Process Under AB 646 (Rev. 2013)
- A Guide to Pension Reform Under AB 340 and AB 197 (December 2012)
- 2012 Changes to Statutes Administered by PERB (November 2011)
- Executive Summary of AB 506 (Bankruptcy) (November 2011)
Journal Articles:
- Sharing Posts and Photos of Storming the Castle Part II: What Kind of Speech Is Protected, Concerted Activity? (California Labor & Employment Bulletin, October 2021)
- “Have Fun Storming the Castle!” Wait, What Do You Mean There are Consequences? (California Labor & Employment Bulletin, March 2021)
- New COVID-19 Exposure Notification Requirements for California Employers (California Labor & Employment Bulletin, November 2020)
- Virus Layoffs May Be A Damages Defense In Calif. Bias Cases (Law360, August 2020)
- Expanded Sick and Family Leave in the Families First Coronavirus Response Act: Its Impact on California-Public and Private Sector Employers (California Labor & Employment Bulletin, May 2020)
- Why the Carve-Out Works When the Comp System Does Not (Workers’ Compensation Quarterly, Volume 32, Number 2)
- Dynamex: Retroactive or Not? (California Labor & Employment Bulletin, February 2019)
- 50th Anniversary of the Meyers-Milias-Brown Act (California Labor & Employment Review, November 2018, Vol. 32, No. 6)
- Workplace Drug and Alcohol Policies: Common Pitfalls for the Public Employer (Public Law Journal, Fall 2015, Vol.38, No.4)
- Can the State Use Its Spending Powers to Circumvent Charter Cities’ Home Rule Authority (Public Law Journal, Summer 2015 Vol.38 No.2)
- Lessons Learned From a City’s Move Towards Bankruptcy: First Look at AB 506 in Action (Bender’s California Labor & Employment Bulletin, September 2013)
- Social Media and the Public Workplace: How Facebook and Other Social Tools Are Affecting Public Employment (Prepared for the League of California Cities Annual Conference, September 2012)
- The Future Role of Retired Annuitants in Light of Recent Legislative Changes (California Labor & Employment Bulletin – October 2012)
- Fiscal Insolvency Under AB 506 (CPER Journal, June 2012)
- Harmonization and “Gap Filling”: 10 Years of the MMBA at PERB (California Labor & Employment Law Review, September 2011)
- Addressing Rising Employee Benefits Costs Through the Sharing of Pension Contribution Rates
- Declarations of Fiscal Emergency: A Viable Option as Cities and Counties Fight to Maintain Essential Services (December 2011)
- It’s (Still) the Economy, Stupid: The Evolving Doctrine of Fiscal Emergency in Public Sector Labor Relations
- PERB Signals New Direction (February 2011)
- We’re Bankrupt… Now What?
- Does Labor Law Prevent Voter Initiatives To Control Pensions? The Coming Fight Between Core Democratic Principles and Traditional Labor Negotiation in the Public Sector (CA Labor & Employment Bulletin – October 2010)
California Employment Law Letter Articles:
- Trump NLRB poised to exterminate Scabby the Rat (November 2020)
- NLRB General Counsel clamps down on union organizing strategies (September 2020)
- CA governor confers COVID19 ‘presumption’ for all who worked during shelter in place (May 2020)
- EDD shows that patience pays off in reasonable accommodation cases (March 2020)
- DOL issues new guidance on overtime rules, reducing, but not eliminating, exposure to liability (January 2020)
- A tale of two agencies on uncivil speech (November 2019)
- Uber drivers: wage slaves or entrepreneurs? (May 2019)
- PERB decision requires parity between represented and unrepresented personnel (April 2019)
- December 2018: a bad month for public-sector employers (January 2019)
- Janus: The sequel plays out in California (November 2018)
- NLRB poised to reverse Purple Communications, but not for California (September 2018)
- Abood: in memoriam (July 2018)
- Is Requiring Confidentiality in Workplace Investigations Passe? (November 2017)
- Fixed Labor Agreement Didn’t Provide “Vested” Right to Retiree Health Benefits (October 2017)
- Union-sponsored Legislation May Imperil Essential Services (September 2017)
- EEO Trumps Google Employee’s Free Expression (August 2018)
- The New ‘Uber’ Trend: Anonymous Complaints (June 2017)
- DFEH Issues Important Guidance on Investigating Harassment Complaints (May 2017)
- Court of Appeal Slaps Down PERB’s Effort to Override Citizens’ Ballot Initiative (April 2017)
- As CalPERS Retirement Costs Continue to Escalate, Agencies Contemplate Their Future (February 2017)
- ‘Striking’ trends at the NLRB and PERB (November 2016)
- Overview of New Laws Affecting Public Retirement Benefits (October 2016)
- Game Change for Pension Reform: Court Allows Reasonable Changes in Benefits (September 2016)
- California Supreme Court Ruling Discourages SLAPP Lawsuits (August 2016)
- Concealment of Rate of Pay Invalidates Pension Spiking Effort (July 2016)
- In Lieu Benefits Cash-outs Must Be Included in Regular Rate Calculations (June 2016)
- The Dance of the Lemons in Public Education (May 2016)
- Two Significant Public-Sector Case Developments (April 2016)
- Talia Jane’s Lament: Internet Rants as Protected Concerted Activity (April 2016)
- Court Confirms Arbitration Decision Affording Job Protection to At-Will Employees (January 2016)
- SEIU Local 1000 Is Attacked as Being Antiunion and Antiworker (December 2015)
- Court Deals Blow to Ability to Discipline Employee Social Media Activity (November 2015)
- Decision Imminent on PERB’s Ability to Impede Local Ballot Measures (October 2015)
- Supreme Court Poised to Decide Constitutionality of Public Sector “Agency Shop” (September 2015)
- Are Public Employee Complaints Protected by the First Amendment? (August 2015)
- Unions Attempt to Close Door On Civic Openness in Negotiations (July 2015)
- California PERB Sides with Management on Vested Rights Issue (June 2015)
- Public Employees Entitled to Union Rep at Accommodation Meetings (April 2015)
- Court Upholds Firing of Public Safety Officer Based on Secret Recording (March 2015)
- Union Resistance to California Pension Reform Dealt (Another) Blow (February 2015)
- Union Access to Employer E-Mail: Navigating Through the Purple Haze (January 2015)
- Controversial Decisions by PERB on “Factfinding” Are Coming to a Head (December 2014)
- Public-sector strikes: employer preparation in a nutshell (November 2014)
- For public employers, free speech can often cost a lot (September 2014)
- Union access to employer’s e-mail systems: Are times a-changin’? (August 2014)
- Employee who recovered nothing deemed ‘prevailing party’ (June 2014)
- Retired annuitants: new targets in public-sector pension controversy (May 2014)
- Reporting old news: Tardy whistleblowers still may bet protection (April 2014)
- Will high court wipe out mandatory nonmember union fees? (February 2014)
- Public-sector hiring: ferreting out ‘false positives’ (January 2014)
- ‘Carve-out’: a win-win alternative to a broken workers’ comp system (December 2013)
- Personnel file maintenance: the problem with keeping secrets (November 2013)
Other Publications:
- An Overview of the #MeToo Movement and Its Impacts on Employers, Employment Law Deskbook (2019, excerpt; written by Genevieve Ng)
- The Sacramento Bee: RSHS and Miller & Owen Merge
- Biz Journal: RSHS and Miller & Owen Merge
- Inside the Minds Navigating Election and Policical Law by Randy Riddle
- Conducting Effective Personnel Investigations Workbook
- Simple Parliamentary Procedures Cheat Sheet (Adapted from Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century)
Presentations:
- Death By A Thousand Meetings: Bankruptcy, Chapter 9, And Vested Rights In The Age Of COVID-19 (CALPELRA 2020)
- Pre-Disciplinary Process: Basics For Skelly (CALPELRA 2020)
- Your Agency’s Culture: Are You Managing And Determining It, Or Is Someone Determining It For You? (CALPELRA 2020)
- Newest Developments in Workplace Drug and Alcohol Laws (CALPELRA 2020)
- Social Media Usage: How to Deal with Problematic Behavior of Employees Online Without Violating Their Rights (CALPELRA 2020)
Sloan Sakai Blogs:
- Partner Tim Yeung’s Blog: California PERB Blog