California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

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Elizabeth Arce

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Latest from California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

My Other Computer is Your Computer: Preventing Employee Cybercrimes and Maximizing the Protections of California’s Anti-Hacking Statute

By Kelly Tuffo

April 8, 2021

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California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and the Act also provides for a civil remedy in the form of compensatory damages, injunctive relief, and other equitable relief.…

California Public Agency Labor & Employment Blog

Wage & Hour: FLSA Issues for Canine & Motor Officer Off-Duty Pay

By Peter J. Brown

April 5, 2021

We are excited to introduce our video series – Wage & Hour Issues in the Workplace. In these videos, members of LCW’s Wage & Hour practice group will provide various tips that can be implemented in your workplace. We hope that you will find these clips informative and helpful! …

California Public Agency Labor & Employment Blog

Appellate Law – The Final Judgment Rule and its Exceptions

By David Urban

March 30, 2021

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This article was reviewed March 2021 and is up-to-date. Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.” The rule certainly sounds dark and fateful. Perhaps courts intend it to be, because the rule serves to deter…

California Public Agency Labor & Employment Blog

The Top 9 Ways COVID-19 Can Affect Your Public Agency’s Health Benefits

By Stephanie Lowe

March 23, 2021

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The COVID-19 pandemic has changed the work environment in many ways, including a significant impact on employer-sponsored health benefits. The past year has resulted in changes to how frequently individuals visit the doctor (or do not visit the doctor), purchase eligible medical expenses, and need dependent care. In response to the pandemic, the IRS, Congress, the Department of Labor (“DOL”), and the Department of Treasury have provided options for employers to adopt flexible changes and…

California Public Agency Labor & Employment Blog

What To Do When Employees Decline COVID-19 Vaccinations?

By Alison Kalinski

March 16, 2021

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One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands. With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace. As employers think about this critical issue, there are a number of questions employers must consider: How do employers respond to employees that are…

California Public Agency Labor & Employment Blog

New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California

By Megan Atkinson

March 4, 2021

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In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”). Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times. A former police officer who also saw Mr. Tabares thought he had mental health issues but was not dangerous. Officer Esparza asked…

California Public Agency Labor & Employment Blog

Peace Officer Certification Standards Have Changed, and Decertification is Likely on the Horizon

By Paul D. Knothe

February 16, 2021

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All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST). Those standards have recently been expanded, and more change may be coming. AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a peace officer be free of bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, in addition to the preexisting requirement that he or she be free…

California Public Agency Labor & Employment Blog

Out-of-State Telecommuting During COVID and Beyond

By Kelly Tuffo

February 11, 2021

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As the COVID pandemic rages on, employees required to work remotely since March 2020 will continue to do so for at least a foreseeable portion of 2021. While a burden for some, the pandemic has opened endless relocation possibilities for others, allowing some remote workers to visit and stay with family, work from a vacation destination, or work from less expensive areas to save on the cost of living. As we enter a new tax…

California Public Agency Labor & Employment Blog

Wage & Hour: The Importance of Proper Work Week Designations

By Richard Bolanos

February 9, 2021

California Public Agency Labor & Employment Blog

Recent California Supreme Court Decision in the Independent Contractor Classification Saga Holds that Dynamex Applies Retroactively

By Peter J. Brown & Jennifer Palagi

February 2, 2021

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On April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. The California Supreme Court reinterpreted and significantly altered the test for determining whether workers in California were properly classified as independent contractors for the purposes of the wage orders adopted by California’s Industrial Welfare Commission (IWC). The Court established a new test, often referred to as the “ABC” test,…

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Blog Authors

My Other Computer is Your Computer: Preventing Employee Cybercrimes and Maximizing the Protections of California’s Anti-Hacking Statute

Wage & Hour: FLSA Issues for Canine & Motor Officer Off-Duty Pay

Appellate Law – The Final Judgment Rule and its Exceptions

The Top 9 Ways COVID-19 Can Affect Your Public Agency’s Health Benefits

What To Do When Employees Decline COVID-19 Vaccinations?

New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California

Peace Officer Certification Standards Have Changed, and Decertification is Likely on the Horizon

Out-of-State Telecommuting During COVID and Beyond

Wage & Hour: The Importance of Proper Work Week Designations

Recent California Supreme Court Decision in the Independent Contractor Classification Saga Holds that Dynamex Applies Retroactively

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