California Public Agency Labor & Employment Blog

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California Public Agency Labor & Employment Blog

Is this PERSable/Reportable? Reporting and Tracking Temporary Upgrade Pay, Out-of-Class Appointments, and Extra Duty Pays

By Michael Youril on August 13, 2019

Applying the different California Public Employees’ Retirement System (“CalPERS”) rules related to Temporary Upgrade Pay, out-of-class appointments, and non-reportable extra-duty pays can be unnerving. For classic employees, compensation for appointments meeting the definition of Temporary Upgrade Pay are reportable to CalPERS and is included in pension benefits. For out-of-class appointments, the Government Code establishes a 960-hour per fiscal year limit, regardless of whether the employee is a classic or new member. Some compensation is reportable…

California Public Agency Labor & Employment Blog

Three is Company: Police Departments Usage of Drones and Robots and What it Means for Employer-Employee Relations

By Alysha Stein-Manes on July 30, 2019

This post was authored by Alysha Stein-Manes and Daniel Seitz Remote surveillance is an area of expanding interest for law enforcement agencies. Police departments continue to equip their sworn officers with body-mounted video cameras (“body cams”), and, in California, the Legislature has begun to regulate discoverability of body cam footage. Agencies in California and across the country have also begun to deploy unmanned aerial systems (“UASs”), drones, and robots to assist in policing and surveillance…

California Public Agency Labor & Employment Blog

PERB Holds that Its Jurisdiction Includes Claims Brought By Employee Organizations that Represent Police Officers and Deputy Sheriffs

By Lisa S. Charbonneau on July 23, 2019

On July 15, 2019, the Public Employment Relations Board (PERB) issued a decision in the case, Association of Orange County Deputy Sheriffs v. County of Orange, PERB Decision No. 2675-M. At issue in the case was whether PERB has jurisdiction to hear claims brought by employee organizations that represent peace officers as that term is defined in Penal Code 830.1, and whether the County was obligated to bargain changes to an ordinance creating…

California Public Agency Labor & Employment Blog

Looking for Alternatives to Cash-in-Lieu Benefits for Employees? New Health Reimbursement Arrangements Available for Current Employees, Starting in 2020

By Heather Coffman on July 16, 2019

Employers and employee organizations are often looking for new, creative ways to expand, streamline, or restructure employees’ health benefits. Starting in January 2020, employers may offer two different health reimbursement arrangements (“HRA’s”) to their current employees. Typically, employers offer HRAs for retirees through collective bargaining agreements but do not offer them for current employees because of restrictive HRA rules. Under new rules issued on June 13, 2019, employees can benefit from two new types of…

California Public Agency Labor & Employment Blog

Implanted Microchips: The (Dystopian?) Future of Employee Monitoring

By Stefanie K. Vaudreuil on July 12, 2019

I know I’ve made some very poor decisions recently, but I can give you my complete assurance that my work will be back to normal. HAL 9000 – 2001 A Space Odyssey Microchips for dogs and cats is nothing new. Our fluffy friends have been receiving microchips for more than 30 years, resulting in happy reunifications of owners and lost pets. The latest trend in microchipping moves beyond cats and dogs and on to the…

California Public Agency Labor & Employment Blog

California Workplace and School Nondiscrimination Laws Amended to Protect Traits Historically Associated With Race, Including Hair Texture, Braids, Locks, and Twists

By Morin Jacob & Amit Katzir on July 8, 2019

On July 3, 2019, Governor Gavin Newsom signed into law a bill that extends California’s workplace and school discrimination protections to cover race-related traits, including hair. SB-188 expands the definition of “race” under the Fair Employment and Housing Act and the nondiscrimination provisions of the Education Code. Effective January 1, 2020, “race” will include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” The law further specifies that “protective…

California Public Agency Labor & Employment Blog

PERB Rules Employer Has No Obligation To Provide Union Or Employee With Written Complaint Until After Initial Investigatory Interview

By Guest Author on July 1, 2019

This Special Bulletin was authored by Eileen O’Hare-Anderson & Emanuela Tala The Public Employment Relations Board (“PERB”) found that the Contra Costa Community College District (“District”) did not violate the Educational Employment Relations Act when it withheld copies of written discrimination complaints against two faculty members in advance of investigatory interviews. In Contra Costa Community College District (2019) PERB Decision No. 2652E, PERB found that a union has a right to reasonable notice of the…

California Public Agency Labor & Employment Blog

Budget Trailer Bill SB 94 Clears Up Ambiguity Regarding Public Access to Body Camera Videos, Amending AB 748

By Guest Author on June 28, 2019

This blog post was authored by J. Scott Tiedemann & Lars T. Reed On Thursday, June 27, 2019, Governor Newsom signed into law the new State Budget as well as accompanying budget trailer bills. One of the budget trailer bills, Senate Bill 94, contains clean-up language for provisions added to the California Public Records Act by last year’s Assembly Bill 748. AB 748, which we have discussed in previous blog posts, amended the…

California Public Agency Labor & Employment Blog

Does the First Amendment Apply to Public Agency Social Media Platforms? Three Cases Work Toward an Answer

By David Urban on June 25, 2019

This post was authored by David Urban. Cities, counties, special districts, public educators, and other government entities who invite public comment and contribution on their Twitter accounts, Facebook pages, websites, or other spaces on the internet might face liability for violating the First Amendment if they remove content posted by members of the public or block certain members of the public from participating. The theory is that such virtual spaces function the same way…

California Public Agency Labor & Employment Blog

Third Party Independent Contractor Agreements Do Not Guarantee Protection from CalPERS Membership

By Guest Author on June 18, 2019

This post was authored by Kevin J. Chicas. It is not uncommon for public agencies to contract with another organization or company to provide temporary services to cover for vacant positions. A recent decision issued by the CalPERS Board of Administration (the “Fuller” Decision) illustrates why public employers should be careful about classifying someone as an independent contractor just because they are retained through a third-party agency. Relevant Background The public district employer lost their…

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Blog Authors

Is this PERSable/Reportable? Reporting and Tracking Temporary Upgrade Pay, Out-of-Class Appointments, and Extra Duty Pays

Three is Company: Police Departments Usage of Drones and Robots and What it Means for Employer-Employee Relations

PERB Holds that Its Jurisdiction Includes Claims Brought By Employee Organizations that Represent Police Officers and Deputy Sheriffs

Looking for Alternatives to Cash-in-Lieu Benefits for Employees? New Health Reimbursement Arrangements Available for Current Employees, Starting in 2020

Implanted Microchips: The (Dystopian?) Future of Employee Monitoring

California Workplace and School Nondiscrimination Laws Amended to Protect Traits Historically Associated With Race, Including Hair Texture, Braids, Locks, and Twists

PERB Rules Employer Has No Obligation To Provide Union Or Employee With Written Complaint Until After Initial Investigatory Interview

Budget Trailer Bill SB 94 Clears Up Ambiguity Regarding Public Access to Body Camera Videos, Amending AB 748

Does the First Amendment Apply to Public Agency Social Media Platforms? Three Cases Work Toward an Answer

Third Party Independent Contractor Agreements Do Not Guarantee Protection from CalPERS Membership

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