Ninth Circuit Rejects Janus Based Claims Against Unions for Dues Refunds
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Mastagni Law Blogs
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P.O.S.T. Estimates a $40 Million Annual Cost to Adminsiter Peace Officer Decertification (S.B. 731)
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Uber and Lyft Ordered to Reclassify Drivers as Employees
On August 10, 2020, San Francisco Superior Court Judge Ethan Schulman ordered Uber and Lyft to reclassify its drivers from independent contractors to employees. Meaning, California drivers could be entitled to employee benefits like health care, sick leave, and overtime.
Monday’s order comes after California Attorney General Xavier Becerra and a coalition of city attorneys filed for a preliminary injunction to force the two ride-hailing companies to comply with California Labor Law A.B. 5. A.B.…
9th Circuit Holds California’s 10-Round Limitation on Magazines Unconcsitutional
On August 14, 2020, the Ninth Circuit Court of Appeals invalidated California’s law which “barred its citizens from owning so-called “large capacity magazines” (LCMs) that hold more than ten rounds of ammunition.” Duncan v. Becerra held “California’s near-categorical ban of LCMs strikes at the core of the Second Amendment — the right to armed self-defense”, and that “even well-intentioned laws must pass constitutional muster.”
Its analysis may have a broader impact on proposed legislative measures…
Congratulations to the Mastagni Holstedt Attorneys Named to the 2020 Super Lawyers List and Sacramento Magazine’s Top Lawyers list!
California Supreme Court Upholds the "California Rule" in Permitting Modifications Narrowly Focused on Abuses and Loopholes
On July 30, 2020, the California Supreme Court issued its long-awaited ruling on the “California Rule” in Alameda County Deputy Sheriffs’ Association, et al. v. Alameda County Employees’ Retirement System, et al. (“ACDSA“). The opinion permits the Legislature to address perceived pension abuses, even if the modification reduces some employee benefits, while upholding the requirement of the California Rule that detrimental changes otherwise must be accompanied by offsetting new advantages. Under the standard articulated…
Client Advisory: Legislative Attacks on Qualified Immunity
In recent weeks, there has been a public debate about the long-established doctrine of qualified immunity. However, much of the media coverage on the subject is confusing and even inaccurate. The purpose of this bulletin is to provide more information on qualified immunity (QI), indemnification, and the changes proposed by the legislature.
In reality, eliminating QI will not make individual officers personally liable for monetary damages in civil lawsuits. Employing agencies are required…
California Already Implemented #8CANTWAIT in AB 392 and SB 230
The killing of George Floyd sparked widespread demonstrations and calls for reform of police departments across the county. Campaign Zero, an activist group formed in 2015, launched a plan for reform called “#8CANTWAIT.” #8CANTWAIT proposes eight reform measures intended to reduce the frequency of officer involved shootings. Leading the nation, law enforcement labor leaders, as well as Cal Chiefs, worked with the ACLU and our elected officials to enact a package of legislative reforms achieving…
Court of Appeals Rules Probationary Employee Placed on Desk Duty During Lengthy Investigation Is Entitled to Skelly Rights
Approximately 18-months later, the Department terminated Deputy Trejo. The Department took the position that he remained a probationary employee because they claimed his probationary period was extended in the County rules. The Department’s termination letter also informed Deputy Trejo of certain appeal rights. However, because the Department did not consider him a permanent employee, Deputy Trejo was not notified of any rights to a Skelly hearing or other pre-termination safeguards available to permanent County employees.…
Appellate Court Vindicates Third Party Privacy Rights Under 1421: Statutory Privileges and Most CPRA Exemptions (Including for Overly Burdensome Requests) May Be Asserted to Redact Records
In significant victory for third party privacy rights, Becerra v. Superior Court (2020) 44 Cal.App.5th 897 held that all CPRA exemptions (including exemptions for statutorily privileged records) other than the law enforcement investigation exemption (section 6254(k)) remain applicable to requests for records subject to SB 1421. Of particular concern for agencies receiving requests for decades of force records, the appellate court held that SB 1421 records requests are subject to the public interest exemption from…