Latest Articles

This Special Bulletin was authored by Gage C. Dungy and Lars T. Reed. Since 2005, Assembly Bill 1825 has required private sector employers with 50 or more employees and all public employers provide two hours of sexual harassment training to supervisory employers within six months of assuming a supervisory position and again at least every two years.  This has commonly been referred to as “AB 1825” supervisor harassment training and is codified under Government…
This post was authored by Jeffrey C. Freedman. What happens when two totally valid legislative goals—that happen to contradict each other—collide? Like the title of the 2003 film with Diane Keaton and Jack Nicholson, “Something’s Gotta Give!” In Huerta v. Kava Holdings, Inc., decided this past November 14, the collision was between a Code of Civil Procedure (CCP) section (§ 998(c)) intended to encourage settlement of lawsuits prior to trial, and a Government Code…
This post was authored by Laura SchulkindJenny Denny and Eileen O’Hare-Anderson  Many of you are facing tremendous challenges with the current fires in both ends of the state.  We wish we could stand next to you and be of practical help.  Since we can’t do that, we offer these legal answers to the immediate questions you are facing, so you have ready answers at your fingertips.  While these are by no means complete…
Registration is now open for the Annual Liebert Cassidy Whitmore Public Sector Employment Law Conference, which takes in Palm Desert on Thursday & Friday, January 24-25, with an optional pre-conference session on Wednesday, January 23.  The conference is geared towards Public Agency Management and includes a variety of informative and engaging presentations that offer practical lessons for success in the workplace. The conference is designed to help participants learn and apply best practices within Retirement, Health…
This post was authored by Geoffrey S. Sheldon & Andrew Pramschufer EDITOR’S NOTE: This article has been revised from its original version that was published on October 1, 2018. The original version noted, among other things, that SB1300 amended the Fair Employment Housing Act (FEHA) to extend personal liability to an employee alleged to have engaged in unlawful retaliation in the workplace. While there was bill language in SB1300 to amend FEHA to extend personal…
This post was authored by Heather R. Coffman. A concept known as “lost time” in some negotiated Memoranda of Understanding is now State law. Effective January 1, 2019, public employers may be required to grant paid leaves of absence to employees so they can serve in leadership positions in their unions, if requested by the exclusive representative.  The new law is codified as section 3558.8 of the California Government Code. As detailed below, the law…
This post was authored by Matthew Nakano. As public agencies near the end of the first quarter of the new fiscal year, now is the ideal time for California Public Employees’ Retirement System (CalPERS) agencies to verify that hours worked are being tracked for certain types of employees. The consequences for failing to accurately monitor hours worked can be significant if these employees work beyond certain limits during a fiscal year.  Since agencies are…
This post was authored by Frances Rogers and Brett A. Overby. Last week, the City of San Diego’s Proposition B, a 2012 voter-approved ballot measure designed to save the City’s weakening pension system, was dealt a potentially fatal blow by the California Supreme Court in Boling v. Public Employment Relations Board.  Although put to City voters through a citizen’s initiative, the Court nonetheless reasoned the City caused the changes to employee pension benefits…
 This post was authored by Kevin J. Chicas. The United States Supreme Court today, on Wednesday June 27, 2018, reversed the Seventh Circuit Court of Appeals in Janus v. AFSCME, and held that mandatory agency shop service fees are unconstitutional under the First Amendment of the U.S. Constitution. Under an agency shop arrangement, employees within a designated bargaining unit who decline membership in a labor organization (i.e., a union or local labor association) must…