Erin Kunze

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Erin Kunze provides representation and legal counsel to Liebert Cassidy Whitmore clients on a variety of employment and education law matters, including retirement, labor relations in the public and private nonprofit sectors, public safety, and safety planning in schools.

Latest Articles

This post was authored by Erin Kunze. Last month, the Court of Appeal for the Third Appellate District of California found that an employee’s time traveling between home and a job site in an employer’s vehicle was not compensable, despite the employer restricting the employee’s activities during the commute time at issue.  Notably, this case analyzed a California wage and hour law on travel time that applies to public sector employers other than counties…
This post was authored by Erin Kunze. Earlier this year, members of the State Senate and Assembly introduced bills that would expand protections provided by the Fair Employment and Housing Act (“FEHA”). In its current iteration, proposed Senate Bill 1300 would alter the standard of review for harassment claims, limit the ability to summarily dismiss harassment claims, encourage “bystander” intervention training, and prohibit settlement agreements that require employees to sign “nondisparagement” clauses or (except…
The post was authored by Erin Kunze. On June 27, 2018, Governor Brown signed into law the Final State Budget, along with budget trailer bill, Senate Bill 866. In brief, though there is little comment in the Bill’s legislative analysis, it is clear that Senate Bill 866 is a direct response to the Supreme Court’s anticipated, and now adopted, holding in Janus v. AFSCME.  As noted in our related Special Bulletin, the Supreme…
This post was authored by Erin Kunze. In a Fourth District appellate case, Krolikowski v. San Diego City Employees’ Retirement System,  issued in May 2018, the Court found that two overpaid retirees had no valid defense against the San Diego City Employees’ Retirement System (“SDCERS”) in recouping payments made to the retirees for 7 to 12 years.  The two former San Diego City employees began collecting pensions from SDCERS in 2001 and 2006. …
This post was authored by Erin Kunze. In 2009, Santa Barbara County, like many public agencies in California, faced a budget shortfall for the 2009-2010 fiscal year. In response, the County determined the need to lay off 35 employees, including employee Shawn Terris.   Terris endeavored to exercise bumping rights, but it was determined that she did not possess the special skills needed to exercise bumping.   Terris, who was then laid off, filed a complaint…
This post was authored by Erin Kunze and Heather DeBlanc. 1. Written Statement to Covered Individuals Now Due March 2, 2018 for the 2017 Calendar Year Reporting Period The Internal Revenue Service (IRS) has issued an automatic, 30-day extension for applicable large employers to furnish IRS Forms 1095-B and 1095-C to covered individuals.  For the 2017 reporting period, these forms are now due to individuals on March 2, 2018, rather than January 31, 2018.…
In the wake of recent attention to sexual harassment in the workplace, employers and members of the public are asking: what about all of those sexual harassment trainings we required?  Are they helping?  How do we know?  And, if they’re not achieving our goals (public policy and agency-specific), what can we do better? Just What Training is Legally Mandated? As California public sector employers are well-aware, Assembly Bill 1825, adopted in 2004, began requiring California…
In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation.  Like the California federal trial court in Videckis v. Pepperdine University, the Seventh Circuit based its holding on the premise that sexual orientation discrimination claims are gender stereotype claims, which constitute sex…
In the first half of 2017, some two-dozen bills have been introduced in the State Legislature with the potential to impact laws regulating government ethics, transparency, and political activity.  Legislation proposed in the State Assembly and State Senate seeks to repeal portions of existing law, and, at the same time, impose stronger penalties for violating remaining statutes.  This legislation has been introduced by both Democrat and Republican members of the State Legislature, some bills with…
Title VII of the U.S. Civil Rights Act of 1964 (hereafter “Title VII”) has long prohibited discrimination on the basis of sex in the terms, conditions or privileges of employment. One question of ongoing statutory interpretation has not been definitively answered: what constitutes “sex” for the purposes of employment discrimination? Are the terms “sex” and “gender” interchangeable under the law? And does the prohibition of discrimination on the basis of sex extend to a prohibition…