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This post was authored by Carla McCormack. In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program.  This change is effective January 1, 2019. An employer wellness program, generally offered through an employer-provided health plan, is intended to help employees improve their health and also to reduce healthcare costs for the employer. …
This post was authored by Jennifer Rosner. In the employment context, the statutory schemes that require reasonable accommodation for disabilities are the California Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA).  The ADA defines a “service animal” as any dog (or in some cases, miniature horses) that are trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric…
This post was authored by J. Scott TiedemannLars T. Reed. On January 1, 2019, California Senate Bill 1421 went into effect. The new law allows members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the California Public Records Act (“CPRA”). We described this legislation in detail in a previous Special Bulletin. In short, SB 1421…
This Special Bulletin was authored by Heather DeBlanc and Amit Katzir. A federal district judge in Texas ruled last Friday that the Patient Protection and Affordable Care Act’s individual mandate was unconstitutional and that the ACA’s other provisions were therefore also invalid. The decision centers around the ACA’s “shared responsibility payment,” a penalty on individuals who decline to purchase insurance coverage pursuant to the ACA’s individual mandate.  Construing this penalty as a tax, the…
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…