California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

This post was authored by Megan Lewis. The United States Supreme Court may be gearing up to decide whether, under the Equal Pay Act, employers can consider an employee’s previous salary history when setting the employee’s rate of pay.  In doing so, the Court could clarify an area of the Equal Pay Act that has been interpreted differently by the various Circuit Courts of Appeal. Under the federal Equal Pay Act, if an 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 blog post was authored by Jennifer Palagi. A number of developments – the 2016 decision in Flores v. City of San Gabriel on the intersection of wage and hour law and employer health plans and the U.S. Department of Labor’s (“DOL”) increased scrutiny of employers’ FLSA practices as of several years ago – continue together to provide a resounding “wake-up call” to employers.  It is important to assure FLSA compliance this year. An…
This blog post was authored by Jennifer Rosner. In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA to which he/she would otherwise be entitled, the employer may be shielded from a lawsuit if it takes an adverse employment action…
This post was authored by Jeffrey C. Freedman. Picture this: you are your agency’s Human Resources Director. One morning a fellow Director from another Department comes to visit you. She tells you she was sitting before her home computer the prior evening and found a Facebook post from one of her employees complaining about his pay and benefits, making defamatory comments about her, and stating his plan to take his issues to his union. A…
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 post was authored by Paul D. Knothe. On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement agencies respond to requests for peace officer personnel records. We described this legislation in detail in a previous Special Bulletin. In short, these two statutes will allow members of the public to obtain certain peace…
This post was authored by Alysha Stein-Manes. As we ring in the new year, employers will be tasked with implementing new laws that Governor Brown signed into law this past fall.  Here is a summary of a few major bills that go into effect on New Year’s Day: 1. AB 1976: Lactation Accommodations AB 1976 amends Labor Code section 1031, regarding lactation accommodations in the workplace.  California law requires employers to provide a reasonable…