California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

This post was authored by Lisa S. Charbonneau. In July 2018 alone, California Governor Brown proclaimed a State of Emergency  for eight counties — Lake, Mendocino, Mariposa, Napa, Riverside, Santa Barbara, San Diego, Shasta, and Siskiyou Counties — due to fires, and proclaimed a State of Emergency in San Bernardino County due to damage caused by a monsoonal rainstorm event.  Under the California Emergency Services Act   (CESA), such proclamations have special significance for…
This post was authored by Frances Rogers and Brett A. Overby. Last week, the City of San Diego’s Proposition B, a 2012 voter-approved ballot measure designed to save the City’s weakening pension system, was dealt a potentially fatal blow by the California Supreme Court in Boling v. Public Employment Relations Board.  Although put to City voters through a citizen’s initiative, the Court nonetheless reasoned the City caused the changes to employee pension benefits…
This post was authored by Stefanie K. Vaudreuil. It’s time to check your policies. New DFEH regulations (California Code of Regulations, title 2, sections 11027.1 and 11028) went into effect on July 1, 2018 that provide definitions on “national origin” and “undocumented applicant or employee,” in addition to outlining specific employment practices regarding language restrictions and height/weight restrictions. New “National Origin” Definitions The new “national origin” definition includes the individual’s or ancestor’s actual or…
The post was authored by Stephanie Lowe. CalPERS agencies must report the number of hours worked by employees in “out-of-class appointments” to CalPERS no later than July 30, 2018.  As discussed in our earlier blog, Assembly Bill 1487 went into effect January 1, 2018 adding Government Code section 20480 to the Public Employees’ Retirement Law.  The statute prohibits out-of-class appointments of members for more than 960 hours per fiscal year.  To ensure compliance,…
The post was authored by Erin Kunze. On June 27, 2018, Governor Brown signed into law the Final State Budget, along with budget trailer bill, Senate Bill 866. In brief, though there is little comment in the Bill’s legislative analysis, it is clear that Senate Bill 866 is a direct response to the Supreme Court’s anticipated, and now adopted, holding in Janus v. AFSCME.  As noted in our related Special Bulletin, the Supreme…
 This post was authored by Kevin J. Chicas. The United States Supreme Court today, on Wednesday June 27, 2018, reversed the Seventh Circuit Court of Appeals in Janus v. AFSCME, and held that mandatory agency shop service fees are unconstitutional under the First Amendment of the U.S. Constitution. Under an agency shop arrangement, employees within a designated bargaining unit who decline membership in a labor organization (i.e., a union or local labor association) must…
This post was authored by Erin Kunze. In a Fourth District appellate case, Krolikowski v. San Diego City Employees’ Retirement System,  issued in May 2018, the Court found that two overpaid retirees had no valid defense against the San Diego City Employees’ Retirement System (“SDCERS”) in recouping payments made to the retirees for 7 to 12 years.  The two former San Diego City employees began collecting pensions from SDCERS in 2001 and 2006. …
This post was authored by Ashley Bobo. It was only this past June that the Supreme Court emphasized the impact of social media on the modern world. The court made it clear in Packington v. North Carolina that social media sites like Facebook and Twitter exist as some of “the most powerful mechanisms available to a private citizen to make his or her voice heard. They allow a person with an Internet connection to…
This post was authored by Megan Lewis. Since recreational marijuana was legalized in 2016, many have assumed that employment protections for marijuana users would likely expand, either via legislation or though litigation. We are already seeing small steps in that direction. For instance, San Francisco recently amended its ban-the-box ordinance to, among other things, prohibit employers from taking action against applicants or employees for marijuana offenses related to conduct that has since been legalized…