Education Matters

April 10, 2013	Peace Officer Who Resigns and Later Collects Retirement Pension is not an "Honorably Retired" Officer for Purposes of Obtaining a CCW Certificate
April 10, 2013	POBR Statute of Limitations Tolled While Police Departments and District Attorney's Office Investigated Various Charges Against Police Inspector
April 10, 2013	Hearing Officer Upholds Termination of Police Officer for Misconduct and Making False Statements
April 10, 2013	New Anti-Retaliation Provisions Under the Affordable Care Act
April 10, 2013	California Pregnancy Disability Leave Law Amendment
April 10, 2013	Employers Must Begin Using New Forms I-9 Immediately
April 10, 2013	Trial Court Erred by Denying Police Officer's Writ Petition Without Independently Weighing Evidence Presented at Disability Retirement Hearing
April 10, 2013	Party's Responses to Inquiries During an Internal Affairs Investigation Arose from a Protected Activity for Purposes of Anti-SLAPP Statute
April 10, 2013	How Much Flexibility Does A Public Employer Have With Compensatory Time Policies?
April 10, 2013	The Meaning of "Clothes" To Be Decided by U.S. Supreme Court
April 10, 2013	Unexplained Discrepancy Between Employee's Paycheck and Certified Payroll Records Provided to State Agency Was Sufficient to Show that Company Violated Wage Laws with the Intent to Defraud
April 10, 2013	CalSTRS Limits Administrative Positions It Will Enroll
April 10, 2013	School District That Retains Temporary Teacher For 75% Of Two Consecutive Years Must Prefer That Teacher Over Other Candidates For Vacant Position
April 10, 2013	District Fails To Establish Teacher's Evident Unfitness For Service
April 10, 2013	School District Retaliated Against Teacher On Reemployment List By Designating Her As Separated After She Filed Grievances
April 10, 2013	School's Drug Dog Sniff Of Classroom And Students' Bags While Students Stood Outside Of Classroom Is Constitutional
April 10, 2013	Court Enjoins School District From Prohibiting Fifth Grader From Distributing Invitations To A Christmas Party At Her Church
April 10, 2013	U.S. Department Of Education's Office For Civil Rights Enters Into Voluntary Resolution Agreement With Technical College System To Ensure That College's Website Is Made Accessible To Individuals With Vision And Print-Related Disabilities
April 10, 2013	University Is Not Required To Disclose Academic Study Research And Pre-Publication Communications Under The Public Records Act
April 10, 2013	Environmental Impact Reports Must Consider Feasible Alternatives
April 10, 2013	Environmental Impact Reports Must Consider Significance Of Environmental Impacts
April 10, 2013	Tiered Parcel Tax Invalid, But Exemptions For Seniors And Disabled Homeowners Upheld
March 10, 2013	California Supreme Court Holds That Employee Must Prove That Discrimination Was A Substantial Motivating Reason For Employer's Adverse Employment Decision And Employer Can Limit Available Remedies By Proving "Same Action" Defense.
March 10, 2013	Providing An Employee With Sixteen Weeks Of Statutory Leave Under California Pregnancy Disability Leave Law Does Not Relieve An Employer Of Its Obligation To Offer Further Reasonable Accommodation Under The Fair Employment and Housing Act.
March 10, 2013	Ninth Circuit Sets Forth The Pleading Requirements For Asserting An Implied Contract To Provide Vested Healthcare Benefits To Retirees.
March 10, 2013	Two-Year Limit On Temporary Disability Payments Includes Payments Made to Public Safety Officers Pursuant to Labor Code Section 4850.
March 10, 2013	Department of Health and Human Services Proposes Appeal Process for Employers Regarding Employee's Subsidy Determination in the Exchange.
March 10, 2013	The California Supreme Court Has Granted Review Of The Leave Rights Case.
March 10, 2013	LCW Partner Participates In NSBA Annual Legislative Update And Lobbying Effort On Capitol Hill
March 10, 2013	Department Of Education Issues Guidance On Schools' Obligation To Provide Equal Opportunities To Students With Disabilities In Extracurricular Activities
March 10, 2013	PERB Dismisses Unfair Practice Charge Against School District Because It Lacks Jurisdiction Over Wage Disputes
March 10, 2013	Community College Violated EERA When It Failed To Provide To Union A List Of Faculty Who Did Not Have Retirement Election Form In Their Personnel Files
March 10, 2013	School Principal's Reports That Her Supervisor Had Engaged In Financial Misconduct Were Not Protected Speech
March 10, 2013	LCW Attorneys Prevail In A Summary Judgment Motion For The City Of Sunnyvale
March 10, 2013	Employee Who Could Not Fulfill Her Job Duties Could Not Successfully Claim Disability Discrimination
March 10, 2013	Director's Comments To Outside Auditor Did Not Constitute Protected Activity Under The FLSA
March 10, 2013	To Pay Or Not To Pay: Legality Of Unpaid Internships Is Questioned
March 10, 2013	Employer Could Lawfully Terminate At-Will Employee For Dishonesty During Harassment Investigation
March 10, 2013	Hearing Officer Upholds The Termination Of A Police Officer For Sexual Harassment Of Female Detective
March 10, 2013	HHS Recently Announces A New Rule Intended To Increase The Privacy And Security Protections For Health Information
March 10, 2013	County Is Immune From Suit By School District For Loss Of Investment Funds
March 10, 2013	REDEVELOPMENT AGENCIES
March 10, 2013	Arbitration Provisions Structured To Favor The Stronger Party May Be Unconscionable
March 10, 2013	Arbitration Award Finding Unlicensed Contractor Did Not Violate Statutes Prohibiting Unlicensed Construction Work Is Reviewable
March 10, 2013	In An Eminent Domain Action, A Party Has A Right To Jury Trial On The Question Of Just Compensation
March 10, 2013	Guidance From CalPERS Sheds Light On Understanding The Public Employees' Pension Reform Act: Determining An Impairment Of A Memorandum Of Understanding And A "Break In Service" For Lateral Hires
March 10, 2013	Case Update: California Supreme Court Grants Review Of Stiglitz
February 10, 2013	City Is Not Vicariously Liable For Police Officer's Failure To Report His Own Sexual Abuse Under Mandatory Reporting Law
February 10, 2013	Proposition 39
February 10, 2013	Legal Aspects Of Promoting Safety On School Safety
February 10, 2013	Decision By California Superintendent Of Schools To Suspend Onsite Monitoring Of Bilingual Education Programs Is Lawful
February 10, 2013	Parents Entitled To Reimbursement For Placement Of Child In Private School After School District Unilaterally Withdrew Child From Previous Private Placement
February 10, 2013	What Large Employers Need To Know Now About The Affordable Care Act Penalties That Take Effect On January 1, 2014
February 10, 2013	Police Officer Serving In An Administrative, Light-Duty Position Was Required To Perform The Essential Functions Required Of Any Sworn Officer
February 10, 2013	Religious Accommodation Can Take Form Of A Schedule Change That Eliminates Any Conflict Between An Employee's Workplace Obligations And Religious Beliefs
February 10, 2013	New Disability Regulations Became Effective On December 30, 2012
February 10, 2013	Court Grants City Of Hesperia Summary Judgment On Former Employee's Claims Of Discrimination And Retaliation
February 10, 2013	Employer Did Not Violate USERRA By Terminating Employee Amidst Layoffs
February 10, 2013	Nurse's Unsuccessful FLSA Claim To Recover For Missed Meal Breaks Highlights Importance Of Having Overtime Reporting Procedures
February 10, 2013	New Pregnancy Disability Leave Regulations Issued By The Fair Employment And Housing Commission Became Effective On December 30, 2012
February 10, 2013	Employer Was Required To Respond To, But Not Necessarily Approve Or Deny, Employee's CFRA Leave Request Within 10 Days
February 10, 2013	Employee Precluded From Filing Suit On Claims That He Failed To Raise During Administrative Hearing
February 10, 2013	Alleged Refusal To Violate Local Law Could Not Be Basis For Whistleblower Action Brought Under State Law
February 10, 2013	Cause Of Action Under Civil Code Section 51.7 Does Not Require Evidence Of Hate
February 10, 2013	Peaceful Union Picketing At Entrance To Private Store Is Not Constitutionally Protected, But Is Protected By California Statutes
February 10, 2013	PERB Board May Excuse Late Filings For Good Cause, Including Facsimile Error
February 10, 2013	When A Court Judgment Authorizes The Declaration Of A Water Emergency, CEQA Is Inapplicable
February 10, 2013	Two Projects Using One Access Road Does Not Covert Them Into One Project For CEQA Review Purposes
February 10, 2013	Private College Could Not Recover "Goodwill" Damages In Eminent Domain Action When It Failed To Take Reasonable Steps To Preserve Its Goodwill
February 10, 2013	City's Property Lease To Boy Scouts Is Constitutional
February 10, 2013	New Bid Limit Of $83,400 For School And Community College District Contracts
February 10, 2013	Standby Pay Did Not Qualify As Special Compensation And Attorney's Communication With Decision Maker Did Not Violate Due Process
February 10, 2013	When is a Collective Bargaining Agreement ("CBA") "Impaired"?
December 10, 2012	The First Amendment In Employment And Education - Five Issues For 2013
December 10, 2012	Peaceful Union Picketing At Entrance To Private Store Is Not Constitutionally Protected, But Is Protected By California Statutes
December 10, 2012	University's Associate Vice President Of Human Resources Who Was Terminated For Writing An Op-Ed In The Local Newspaper Did Not Engage In Protected Speech
December 10, 2012	District's Use Of Norming Ratios To Determine Number Of Charter School Classrooms Is Consistent With Proposition 39
December 10, 2012	County Board Of Education Must Reimburse Parents For Student's Independent Educational Evaluation
December 10, 2012	CalPERS Board Of Administration Addresses Questions Relating To PEPRA
December 10, 2012	Nurse's Unsuccessful FLSA Claim To Recover For Missed Meal Breaks Highlights Importance Of Having Overtime Reporting Procedures
December 10, 2012	"Honest Belief" Defense Held Invalid In California Leave Rights Case
December 10, 2012	Reducing An Employee's Saturday Shifts Was Not A Reasonable Accommodation For An Employee Whose Religion Prohibited Work On The Sabbath
December 10, 2012	Ambiguous Comments Made Months Before Termination Insufficient To Show Age Or Disability Discrimination
December 10, 2012	Contractors Cannot Perform Work Under The License Of A Separate Entity
December 10, 2012	Project Owners Can Be Liable For Injuries To Third Parties For Patent Defects Not Discovered Prior To Acceptance Of The Project
December 10, 2012	When An Environmental Impact Report (EIR) Is Challenged, A Court Determines The Sufficiency Of The EIR As An Informational Document, Not The Correctness Of Its Conclusions
December 10, 2012	CEQA Requires EIR To Analyze Alternatives In Relation To A Project's Purpose
December 10, 2012	City's Adoption Of A Ballot Initiative As An Ordinance Does Constitute A CEQA Exemption
December 10, 2012	City Ballot Measure To Award Future Trash Service Contracts By Competitive Bidding Not Subject To CEQA Review
December 10, 2012	No Right To Jury Trial To Determine Loss Of "Goodwill" When There Was No Goodwill To Lose
December 10, 2012	A Party May Recover Attorney Fees If It Prevails On A Contract Claim Even If The Other Party Recovered Greater Relief In The Overall Action
December 10, 2012	Law Firm's Time Records And Invoices Did Not Qualify For Pending Litigation Exemption Under The Public Records Act
December 10, 2012	Promise To Active Employees That Employer Would Pay 50% of Future Retiree Medical Insurance Premiums Cannot Be Unilaterally Retracted
December 10, 2012	"Time Rounding" To Calculate Time Worked Does Not Violate California Law
December 10, 2012	Court Affirms Termination Of Police Officer Who Violated Rule Against Associating With Persons Known To Engage In Criminal Activities
December 10, 2012	Civil Service Commission Affirms Termination Of Officer Who Purchased HGH And Steroids
December 10, 2012	EEOC Settles Disability Discrimination and Retaliation Lawsuit Against Rite Aid
December 10, 2012	Union Dismisses Grievance After Failing To Follow Procedural Requirements
December 10, 2012	LCW Obtains Dismissal of Federal Breach of Contract Lawsuit
November 10, 2012	The Possibility That A Student Lied On His Application For Admission Does Not Negate His Right To An Expulsion Hearing That Is Guaranteed In The College's Policy Manual
November 10, 2012	Court Upholds Dismissal Of Suit Against School Board Where School Nurse Administered Vaccination Without Parental Consent
November 10, 2012	Union Fails To Follow Grievance Procedure And Misses Deadline To File Claim For Mediation
November 10, 2012	Employee's Posting of Photographs and Comments on Facebook Was Not Protected Concerted Activity
November 10, 2012	PERB to Decide Whether Government Code Allows Unilateral Implementation Of Proposal That Requires Employees to Pay More Than Their "Maximum" Retirement Contribution
November 10, 2012	University's Managerial Decision to Require Mental Health Clinicians to Increase Percentage of Time Providing Direct Services Resulted in Refusal to Bargain Over the Effects
November 10, 2012	Former Employee Alleging Pregnancy Discrimination Only Required to Show That Pregnancy Was Motivating Reason in Employer's Decision to Terminate Her Employment
November 10, 2012	The Ninth Circuit Addresses What Constitutes an Adverse Employment Action
November 10, 2012	University Officials Liable for First and Fourteenth Amendment Violations for Acquiescing in Subordinate's Decision to Enforce Unconstitutional Policy
November 10, 2012	University Officials Entitled to Qualified Immunity Because Employee's Discharge Did Not Violate Any Clearly Established First Amendment Rights
November 10, 2012	Court Overturns Arbitration Award That Allowed for Increase of Union Salaries Without Approval by Legislature
November 10, 2012	Bill Expands Employee Rights to Inspect Personnel Records
November 10, 2012	Police Sergeant's Demotion Upheld Based on Performance Issues
November 10, 2012	Supreme Court Denies Request for Rehearing of Taser Case
November 10, 2012	Bill Determines Liability of Public Safety Employer for Automobile Accidents That Occur While Employee Operates Private Motor Vehicle At Employer's Direction
October 10, 2012	Jury Finds School Officials Guilty For Failing To Report Alleged Rape
October 10, 2012	Ninth Circuit Denies Rehearing Of Retaliation Case Allowing Ph.D. Student's Claim To Go To Jury
October 10, 2012	School District Not Liable For Private Title IX Suit Because School Officials Did Not Have Actual Knowledge Of Teacher Misconduct
October 10, 2012	New Jersey School District Reaches Agreement with Department of Education to Ensure Special Education Students Are Not Inappropriately Segregated from Their Peers
October 10, 2012	Court Grants Preliminary Injunction To Religious Organization That Was Ousted From District's After-School Program Based On Its Religious Viewpoint
October 10, 2012	Court Implements A Fair Argument Standard To Determine Reasonable Possibility Of Significant Environmental Effects Under Unusual Circumstances Exception To Categorical Exemption
October 10, 2012	CEQA Notice Of Exemption Must Be Filed After Project Approval
October 10, 2012	A School District Must Offer Charter Facilities Reasonably Equivalent To Those In Which The Students Would Be Accommodated If They Were Attending Other Public Schools In The District And A School District Is Not Required To Place A Charter School In The Exact Location The Charter School Desires
October 10, 2012	Contractual Arbitration Provisions Must Be Fair To Both Parties To Be Enforceable
October 10, 2012	General Allegation That Plaintiff Complied With The Presentation Requirements In The Government Tort Claims Act May Be Sufficient
October 10, 2012	Workers' Compensation Cases Are Not Controlling For Employer's Vicarious Liability Determinations
October 10, 2012	Public Entity May Only Condemn Land For A Private Use If Eminent Domain Proceedings Leave Real Property Without Access To A Public Road
October 10, 2012	Governor Signs AB 1844, Which Prohibits Employers From Requiring An Employee Or Applicant To Disclose Personal Social Media Information
October 10, 2012	Hearing Officer Has Authority To Determine Pitchess Motions During Administrative Appeal Hearing
October 10, 2012	Police Officers' Use Of Taser On Actively Resistant Suspect Was Reasonable And Not Excessive Force
October 10, 2012	EEOC Determines That Transgender Employees Are Covered Under Title VII
October 10, 2012	City Could Prohibit Disruptive But Not Insolent Behavior At City Council Meetings
October 10, 2012	Community College Prevails In Five Grievances Filed By Employee Claiming Constructive Discharge
October 10, 2012	Employers Not Obligated To Ensure Employees Take Meal And Rest Breaks
October 10, 2012	Employer Could Not Reduce Contributions Toward Retiree Health Premiums In Violation of Collective Bargaining Agreements
October 10, 2012	Non-Profit Organization's Misuse of Funds From Public Entities Constitutes Misappropriation of Public Funds Under The Penal Code
September 10, 2012	Assembly Bill 2171—New Community College District Expulsion Hearing Law
September 10, 2012	Placing Student In Desk That Wraps Around Student's Body But From Which Student Could Exit Does Not Constitute An Unlawful Seizure
September 10, 2012	Community College Faculty Librarian Terminated For Actions That Rise To The Level Of Evident Unfitness In Aggregate
September 10, 2012	Teacher Who Filed Crime Report Of Student's Violent Behavior May Be Protected Under The First Amendment In Claim For Retaliatory Discharge
September 10, 2012	Court Grants Employer's Motion For Summary Judgment In Collective/Class Action FLSA Lawsuit Involving "Donning and Doffing" Claims
September 10, 2012	Merced Community College District - Sale Of Surplus Property
September 10, 2012	CEQA Review Not Required For Installation Of Small Telecommunications Equipment On Widely Dispersed Utility Poles
September 10, 2012	Appraiser's Opinion Of Property Value In Eminent Domain Proceeding That Is Based On The Value Of Different Property Is Inadmissible
September 10, 2012	Choice-of-Law Provision Enforceable In Indemnification Action
September 10, 2012	A Fence Does Not Establish A True Property Boundary Despite Decades Of Acquiescence Between The Neighboring Property Owners
September 10, 2012	Dismissal Of Unfair Practice Charge Reversed In Part Where Permanent High School Teacher Alleged That District Retaliated By Conducting Annual Performance Evaluation Otherwise Reserved For Poor Performing Teachers
September 10, 2012	NLRB Finds That A Hospital Employer's Prohibition Against Discussion Of Internal Investigations Interfered With Employee Rights
September 10, 2012	Community College Prevails In Five Grievances Filed By Employee Claiming Constructive Discharge
September 10, 2012	The Common Law Release Rule Permitting Non-Settling Jointly Liable Parties To Be Released Upon Another Party's Settlement Is No Longer Followed In California
September 10, 2012	A Supervisor's Negative Note for Use in a Future Evaluation is Not Punitive Action and Does Not Trigger an Administrative Appeal
September 10, 2012	Counseling Was Not An Adverse Action in Title VII Retaliation Claim
September 10, 2012	Justice Department Settles Disability Discrimination Lawsuit Involving Intrusive Medical Exams and Excluding Applicants Because of their Medical Conditions
September 10, 2012	PERB Board Denies Request for Reconsideration of its Prior Decision That Counseling Did Not Interfere with Employee's Union Rights
September 10, 2012	Courts May Imply Classwide Arbitration for Public Policy Reasons
August 10, 2012	Governor Brown Reached an Agreement with Legislative Democrats to Move Forward on Pension Reform with the California Public Employees' Pension Reform Act of 2013.
August 10, 2012	Public Agency May Reject All Bids, Even In Light of Potentially Tainted Bid Process.
August 10, 2012	The Planning and Zoning Law Requires a Notice of Public Hearing to Include Planning Commission's Recommendations and the Approval of a Development Agreement to Include a Finding of Consistency with the General and
August 10, 2012	Fraudulently Low Bid May Constitute A False Claim
August 10, 2012	Florida Court Holds that Student Email Complaining About Teacher Is Not Protected from Disclosure Under FERPA
August 10, 2012	Court of Appeal Reverses Approval of a Settlement that Prevented Seniority-Based Layoffs At 45 Schools
August 10, 2012	County Employer Defeated A Motion For Conditional Certification Of A Collective Action
August 10, 2012	Who Is A Supervisor Under Title VII?
August 10, 2012	Justice Department Releases Helpful Fact Sheet To Prevent Discrimination Against Individuals With HIV/AIDS And Regarding Reasonable Accommodation
August 10, 2012	No Retaliation Occurred Because A Brief Investigation Into Allegations Of Misconduct Was Not An Adverse Action
August 10, 2012	Employee Who Was Terminated For Using Shoe Allowance To Buy Shoes For A Friend Was Entitled To Unemployment Benefits
August 10, 2012	Ninth Circuit Decision Reaffirms The Limitation On Law Enforcement Employees' Ability To Assert First Amendment Claims
July 10, 2012	UC Davis Pepper Spray Case Number One: Ninth Circuit Rules That Shooting Pepper Balls To Disperse Crowd Of Partying College Students Is An Unlawful Seizure And Denies Officers Qualified Immunity
July 10, 2012	Public School Security Officers Are Considered "Public Officers" For the Purpose Of Resisting Or Delaying A Public Officer
July 10, 2012	School Boards Do Not Have A Purely "Ministerial" Duty To Add Items To Their Meeting Agenda At the Request of A Member Of The Public, But Must Exercise Discretion In Determining Whether The Item Is Directly Related to School District Business
July 10, 2012	When Parents Behave Poorly, Must Districts Still Engage in the Process?; When "Stay Put" Does Not Mean "Freeze!"
July 10, 2012	California Supreme Court Holds Charter Cities Exempt From State Law Requiring Payment Of Prevailing Wages
July 10, 2012	CEQA Does Not Shift Responsibility for Fire Protection Services to Project Sponsor, Permits Tiering For Program EIRs, and Requires A Program EIR to Analyze Environmental Impacts on Neighboring Parks
July 10, 2012	Lawsuit Alleging CEQA Violation May Not Be Based On Objection Raised For The First Time After Agency's Determination
July 10, 2012	CEQA's Statute of Limitations Begins To Run When A Public Agency First Exercises Its Discretion And Is Not Re-Triggered By Each Subsequent Project-Related Decision
July 10, 2012	Owner Not Liable For Independent Contractor's Injuries Unless It Was Negligent
July 10, 2012	Commission Must Issue Decision On The Merits Of Teacher's Discipline Rather Than Simply Dismissing Charges Against Teacher Once Hearing Has Been Scheduled
July 10, 2012	Patient Protection and Affordable Care Act
July 10, 2012	Teacher Presented Sufficient Evidence That School Failed To Accommodate Her Seasonal Affective Disorder
July 10, 2012	State Employee Could Not Sue Under Section 1983 For Alleged Violation of the Americans With Disabilities Act
July 10, 2012	Firefighters Not Entitled to Pay For Travel For the Firefighters' Convenience Only
July 10, 2012	EEOC Decides That Title VII Protections Extend to Transgender Individuals
July 10, 2012	Statistical Analysis Showing Age Disparity in Layoff Did Not Show Discriminatory Pretext
July 10, 2012	Attorney's Electronic Filing of Administrative Charge of Discrimination Was Sufficient to Exhaust Administrative Remedies
July 10, 2012	A Partner Can Sue the Partnership for Retaliation Under the FEHA
July 10, 2012	Will the End of Summer See the Expansion of the California Family Rights Act?
July 10, 2012	AB 178 – Effective Immediately – Regarding State Teachers' Retirement System
July 10, 2012	Court Cannot Compel School District To Arbitrate CBA Provisions That Annul, Set Aside Or Replace Any Part Of The Education Code
July 10, 2012	Employer's Subsequent Willingness to Meet and Confer Did Not Cure Unlawful Unilateral Change in Policy
July 10, 2012	Union Could Not State a Retaliation Claim Without Any Factual Allegations Showing A Nexus Between Union Activity and Involuntary Transfer
July 10, 2012	Manager's Counseling of an Employee Did Not Interfere with the Employee's Union Rights
July 10, 2012	Employee was Ineligible for Unemployment Insurance Benefits After He was Fired for Refusing to Sign a Disciplinary Memorandum
July 10, 2012	NLRB Releases New Report Regarding Employer Social Media Policies
July 10, 2012	Juror's Privacy Rights Over Facebook Posts Are Limited At Best
June 10, 2012	Employee's Subpoenaed Testimony Was Protected Speech
June 10, 2012	Facially Neutral Pension Plan Did Not Support A Sex Discrimination Claim Despite A Potential Disparate Impact
June 10, 2012	City's Retroactive Repeal Of Program To Calculate Retirement Benefits In A Certain Manner Was Not A Breach Of Contract
June 10, 2012	Employer Could Not Reduce Contributions Toward Retiree Health Premiums In Violation Of Collective Bargaining Agreements
June 10, 2012	PERS Service Credit Purchased During Marriage Is Community Property Even Though The Credit Is For Military Service Prior To The Marriage
June 10, 2012	Employee With Psychiatric Condition Could Not Establish That His Job Duty To Interact With Angry Clients Substantially Caused His Disability
June 10, 2012	A Parent May Not Bring A Claim For Monetary Damages Under The IDEA
June 10, 2012	School District Required To Provide Special Education Student With Scientifically-Based Peer Reviewed Instruction Reasonably Calculated to Provide Educational Benefits
June 10, 2012	Teachers Enrolled In Intern Programs But Without Teacher Certification Can Be Characterized As "Highly Qualified" Under NCLB
June 10, 2012	CEQA's Statute of Limitations May Be Tolled By Agreement Of The Real Parties In Interest
June 10, 2012	When an Agency Adopts a Negative Declaration for a Project, the Agency Is Not Required To Adopt a Subsequent EIR Absent Substantial Evidence of Substantial Changes or New Information
June 10, 2012	Projected Baseline Conditions Not "Illusory" or "Hypothetical" for Determining Significance of Traffic and Air Quality Impacts on Long-Term Infrastructure Projects
June 10, 2012	The City Did Not Violate CEQA When It Certified a Revised EIR
June 10, 2012	An Action On A Contract Can Only Have One Prevailing Party Entitled To Attorney Fees
June 10, 2012	Property Owners Are Permitted To Present Evidence Of Reasonable Permanent And Temporary Severance Damages In Eminent Domain Actions
June 10, 2012	Subcontractor Must Follow Public Works Preliminary Twenty-Day Notice Requirements If Subcontract Is Made In Furtherance Of A Public Contract
June 10, 2012	Use of Arrest And Conviction Records In Hiring
June 10, 2012	Who Really Is A Supervisor Under Title VII?
May 10, 2012	School District Properly Classified Teacher As A Long-Term Temporary Employee For Three Consecutive Years Under Section 44920, Where The Number Of Temporary Teachers Did Not Exceed The Total Number Of Probationary And Permanent Employees On Leave At Any One Time
May 10, 2012	Court Upholds Joint Civil Service System For Employees Of City Of San Francisco And San Francisco Unified School District, Allowing Laid-Off City Employees To Bump Into District Positions
May 10, 2012	Summary Judgment Denied Because The Reporting By School Employees Of Improper Governmental Activities Act Applies To Management Employees Who Act As Supervisors
May 10, 2012	Parents Cannot Bring Suit On Their Own Behalf For Damages Based On School District's Alleged Discrimination Against Their Son
May 10, 2012	School District Unilaterally Changed Progressive Discipline Policy By Adopting Zero Tolerance Drug Policy Without Giving Notice And Opportunity Bargain To The Union
May 10, 2012	State Mediation And Conciliation Service Transferring To PERB
May 10, 2012	City's Hard Bargaining Was Consistent With Its MMBA Duty To Meet And Confer In Good Faith
May 10, 2012	CalPERS Reduces Employer Impact By Phasing-In Change In Contribution Rates
May 10, 2012	Disabled Nurse's Termination Was Not Unlawful Because Regular Attendance Was An Essential Job Function
May 10, 2012	Pakistani Employee Who Was Taunted And Intimidated By His Indian Colleagues Could Take His Hostile Work Environment Case To Trial
May 10, 2012	Employer That Defeated A FEHA Retaliation Lawsuit Was Not Entitled To Recover Expert Witness Fees Because The Case Was Not Frivolous
May 10, 2012	Employee Who Retained An Attorney To Defend Against A Law Enforcement Investigation Was Not Entitled To A Defense Or Indemnification
May 10, 2012	U.S. EEOC Issues Guidance On The Use Of Arrest And Conviction Records in Hiring
May 10, 2012	A Private Individual Temporarily Retained By The Government to Carry Out Its Work Is Entitled To Seek Qualified Immunity From Suit
April 10, 2012	Ninth Circuit Upholds Proposition 209; Governor And UC President Are Not Immune From Suit Challenging The Proposition
April 10, 2012	Title IX Claim That University Retaliated Against Student For Complaining Of Gender Discrimination Allowed To Go To Court
April 10, 2012	School District Did Not Violate Free Speech Rights Of Fifth-Grade Student Who Wrote He Wished To Blow Up The School With Teachers In It
April 10, 2012	Genuine Issue Of Material Fact Exists As To Whether Contracting Entity Was A Separate Entity From Licensed Contractor
April 10, 2012	Trial Court's Decisions Regarding Contents of Administrative Record Subject to Deferential Substantial Evidence Review on Appeal and Clarification Regarding Scope of Agencies Which May Be "Beneficially Interested" in a Project
April 10, 2012	District Cannot Recover Attorney Fees in a Stop Notice Action Under Civil Code Section 3186
April 10, 2012	A District May Still Be Liable For Extra Work If Board Approves Change Orders After Completion or If Incorrect Plans and Specifications Are Provided At Bid; District May Be Held Liable To Contractor For Attorneys' Fees Under Performance Bond Provision
April 10, 2012	Faculty Union Did Not Violate Duty Of Fair Representation By Excluding Non-Members From Voting On Furlough Proposal
April 10, 2012	Unit Modification Petition Must Have Minimum Support From The Petitioned-For Unit, And Not From Entire Donor Unit
April 10, 2012	City's Application Of Its Personnel Rules Was Not An Unilateral Change To Contract Out Unit Work
April 10, 2012	No Unilateral Change Because Charge Was Untimely And Reduction Of Contribution To Retiree Health Care Costs Was Consistent With Binding Past Practice
April 10, 2012	Personnel Board Abused Its Discretion By Reinstating A Corrections Officer
April 10, 2012	Personnel Board Upholds Correctional Officer's Termination For Off-Duty Fight and Sexual Misconduct With an Inmate
April 10, 2012	Manager's Termination For Dishonesty and Disrespectful Behavior Upheld
April 10, 2012	U.S. Supreme Court Finds That States Cannot Be Liable For Violating The FMLA Provision That Requires Leave For An Employee's Own Serious Health Condition
April 10, 2012	Part-Time Academic Employee's Suit To Be Reclassified As A Full-Time Contract Employee Was Barred By Laches
March 10, 2012	Credentialed Employees Hired For Categorically Funded Projects Must Be Classified As Probationary Employees Unless Requirements of Education Code Section 44909 Are Strictly Followed
March 10, 2012	Residents Recover Attorneys' Fees From School District For At-Large Elections That Violated Voting Rights Act
March 10, 2012	Sustained Complaints of Misconduct Must Generally Be Disclosed
March 10, 2012	Contractual Arbitration Provisions Must Clearly Refer To Applicable Arbitration Rules And Can Only Impose Attorneys' Fees If They Are Recoverable In Court
March 10, 2012	Multiple Unconscionable Provisions Cannot Be Severed From Arbitration Provision
March 10, 2012	Environmental Impact Reports Must Be Prepared If Public Agency Presented Substantial Evidence That Project Will Have Significant Effects On The Environment
March 10, 2012	An Easement's Unique Value to a Particular Buyer and Potential Uses For the Property Are Appropriate Factors In Determining a Measure of Damages for the Loss of an Easement; An Award of Attorney's Fees Under Civil Code Section 998 Is Not Linked To The Determination of Prevailing Party For A Contractual Attorney's Fee Award
March 10, 2012	The Real-Estate-Negotiations Exception To The Brown Act Permits Closed-Session Discussion Of The Amount Of Consideration The Public Agency Is Willing To Pay, The Form, Manner, And Timing Of Payment, And Items Essential To Arriving At Authorized Price And Payment Terms
March 10, 2012	A Demonstration Of "Substantial Similarity" Between The Performance And Copyrighted Work Is Not Required To Prove Infringement Where There Is Evidence Of Direct Copying
March 10, 2012	School District May Be Liable For Negligence Of Administrators Who Negligently Hired, Retained And Inadequately Supervised District Employee
March 10, 2012	Terminated Peace Officer Had No Right Under The POBRA To Production Of His Personnel And Internal Affairs Files
March 10, 2012	Names of Police Officers Involved in Shooting Are Public Records
March 10, 2012	No Right To Union Representation At A Meeting That Was Not Investigatory And Did Not Result In Discipline
March 10, 2012	Non-Employee Union Representatives Had The Right To Access Public And Non-Public Areas In Order To Visit Union Bulletin Boards And Non-Work Areas Where Employees Congregate
March 10, 2012	Union's Alleged Failure To Notify Newly Hired Employee Of Right To Remain and Keep Non-Member Agency Fee Payer Status Stated A PERB Charge
March 10, 2012	No Duty To Bargain Over Assignment Of New Work To Other Bargaining Unit If The Work Was Already Performed By More Than One Unit
March 10, 2012	Sheriff's Department Lieutenant Who Served As Chief Of Police For Contracting City Was Not A Policymaker Who Could Be Demoted Because Of His Speech
March 10, 2012	Agencies Who Use The Catch-Up Formula For Retirees' Health Care Contributions Are Not Subject To The Minimum Contribution Requirements
February 10, 2012	An Employee Can Be Disciplined For Filing A False Harassment Complaint
February 10, 2012	A Whistleblower's Motives Are Irrelevant But He Or She Must At Least Disclose A Possible Violation That Is Not Already Known
February 10, 2012	Employee's Post-Termination Retirement Did Not Waive His Right To Arbitration
February 10, 2012	Because MOU Allowed County To Reduce Employees' Work Hours, County Did Not Have To Meet And Confer Prior To Doing So
February 10, 2012	Change In Job Title Only Did Not Change Employee's Classification For Purposes of Bumping Rights
February 10, 2012	Employee Who Lost Prior Discrimination Lawsuit And Termination Appeal Could Not Relitigate
February 10, 2012	Hiring Committee's Request For Age And Projected Retirement Dates During The Hiring Period Constituted Direct Evidence Of Age Discrimination
February 10, 2012	RDA Successor Agency Oversight Boards and Why Your District Wants In
February 10, 2012	Title IX Claim That District Scheduled Substantially More Boys' Basketball Games Than Girls' Games For Primetime Allowed To Go To Trial
February 10, 2012	District Complied With CPRA By Disclosing Redacted Investigation Report and Written Reprimand For Sexual Harassment Following Record Request
February 10, 2012	School District Did Not Retaliate Against Substitute Teacher When It Terminated Teacher For Falsifying Timecards
February 10, 2012	What Does The Supreme Court's Ruling In US v. Jones Mean For GPS Tracking By Employers?
February 10, 2012	CalSTRS Misinformed Disability Retirement Applicant She Could Not Apply Without 5 Years Of Service Credit And Must Reconsider Effect Of Misinformation On Application
February 10, 2012	You Say "Termination"; I Say, "Retirement." Is It Just Semantics Or Are They Mutually Exclusive?
February 10, 2012	Coastal Development Permits Must Be Challenged Within 60 Days
February 10, 2012	CEQA Analysis Under Current Project Conditions Is Appropriate
February 10, 2012	New Environmental Impact Report Required When Existing Environmental Impact Report Fails To Provide Guidance for Material Discretionary Choices
February 10, 2012	The Surplus Land Act Does Not Preclude CEQA-Related Mitigation Conditions; An EIR Must Address Comments Suggesting Project Alternatives
January 10, 2012	Unfair Practice Charge Dismissed Because It Did Not Contain Facts Regarding The Alleged Protected Activity
January 10, 2012	Court Expands Employers' Ability To Obtain Workplace Violence Restraining Orders
January 10, 2012	With AB 1028, The Legislature Clarifies The Limits On Post-Retirement Work Opportunities For PERS Retirees
January 10, 2012	Ninth Circuit Finds That County's Payroll System Complies With The Fair Labor Standards Act
January 10, 2012	Split Shift Premium Is Based On The Minimum Wage for the Workday, and Not On The Employee's Normal Wage
January 10, 2012	The Year In Review: Key Cases From 2011
January 10, 2012	Pay v. Place: More Than Semantics
January 10, 2012	School District In Which Parent Of Special Education Student Resides Is Responsible For Funding Student's Out-Of-State Education; If No Parent, Department Of Education Responsible By Default
January 10, 2012	Denial of Tenure Six Weeks After Awareness of Years-Old Controversy May Satisfy Causation in Retaliation Claim
January 10, 2012	State Labor Commissioner Issues Decision: School Districts Are Not Subject To Waiting Time Penalties
January 10, 2012	Retention Funds Held In Escrow Are Subject To Immediate Liquidation And Distribution By The Escrow Agent Upon Demand By The Public Entity Owner
January 10, 2012	CEQA Does Not Permit A State Agency To Condition Payment For A Mitigation Measure On Obtaining Funding From The Legislature And Does Not Permit An EIR To Defer The Formulation Of Mitigation Measures
January 10, 2012	CEQA Requires That An EIR Include A Discussion Of Potential Means For Preservation-In-Place For Archeological Resources But Does Not Require An EIR To Identify Significant Effects Of The Environment On A Project
January 10, 2012	California Supreme Court Upholds Law Eliminating Redevelopment Agencies
December 22, 2011	The Substantial Compliance Doctrine Cannot Be Used By A Suspended Corporation To Defeat The Short Statute Of Limitations In Actions Involving CEQA Or The Planning And Zoning Law. by Heather DeBlanc
December 10, 2011	Department of Education Releases Final Revised FERPA Regulations
December 10, 2011	Suit Over Student Fees Resumes After Governor Vetoes Legislation Enforcing Settlement
December 10, 2011	Special Education Teacher Who Cannot Satisfy Job Prerequisites Without Reasonable Accommodation Is Not A "Qualified Individual" Under The ADA
December 10, 2011	Court Expands Employers' Ability To Obtain Workplace Violence Restraining Orders
December 10, 2011	Union's Unfair Practice Charge Dismissed For Union's Failure To Request Bargaining Over Effects Of Class Cancellations
December 10, 2011	Health Benefits Committee Formed By Community College District Through Collective Bargaining Process Is Not Subject To Notice And Meeting Requirements Of The Brown Act
December 10, 2011	Board Of Non-Profit Corporation That Received Public Funding Was Contractually Required To Comply With The Brown Act
December 10, 2011	Perfect Conformity Between General Plan And Project Not Required And Predicted Conditions May Be Used As A Baseline In EIR
December 10, 2011	An Entity Is Determined To Be A Subcontractor Rather Than A Material Supplier For Purposes of Public Works Payment Bonds Based On What The Entity Agreed To Perform, Not What It Actually Performed
December 10, 2011	Lender's Withdrawal Of A Portion Of The Deposit Does Not Constitute A Waiver Of The Property Owner's Claims And Defenses In An Eminent Domain Proceeding
December 10, 2011	Public Contract For Tree Trimming And Removal Constitutes "Maintenance" Requiring Payment Of Prevailing Wages
December 10, 2011	Public Agency Must Engage In Acquiring Activity Before Pre-Condemnation Conduct Will Give Rise To Liability
December 10, 2011	California Supreme Court Holds that Retired County Employees Could Have An Implied Vested Contractual Right To A Methodology For Pooling Medical Insurance Premiums
December 10, 2011	Three Weeks Of Supervisors' Humiliating Treatment And Gossip About Female Employee Was Sexual Harassment
December 10, 2011	California Legislature Fills Gap: Continuation Of Health Insurance Now Required Through Entire Four Month Maternity Leave
December 10, 2011	Individuals Cannot Be Liable For Discrimination Against Military Members Under California Law
December 10, 2011	New Law Limits Local Agency Executive Compensation, Requires Meeting Agendas Be Posted On Website
December 10, 2011	Injured Volunteer Firefighter Was A County Employee For Workers' Compensation Purposes Because County Provided Training And Financial Support
November 10, 2011	If "Penn State" Happened Here, Would You Have A Duty To Report?
November 10, 2011	School District Failed To Provide Charter School With Conditions "Reasonably Equivalent" To Those Of Other Public Schools In District
November 10, 2011	How To Calculate FMLA Leave During The Holidays
November 10, 2011	New Limits On Employer Use Of Consumer Credit Reports
November 10, 2011	Ninth Circuit Agrees To Rehear Computer Data Fraud Case
November 10, 2011	AB 501 – Right to Representation Now Includes Part-Time Playground Supervisors
November 10, 2011	PERB Finds That Side Letter Did Not Automatically Expire Upon Execution Of Subsequent MOU That Did Not Address Side Letter's Expiration
November 10, 2011	District Attorney Does Not Have Duty To Investigate Alleged Misuse Of Prop 39 Bond Funds
November 10, 2011	Court Addresses Issues Related To EIR Prepared For Proposed Project That Would Potentially Impact Historical Resources
November 10, 2011	Injured Individual Cannot Seek Costs And Interests Against CIGA After It Assumes The Claims Of An Insolvent Insurer
November 10, 2011	New State Laws Establish Gender Identity, Gender Expression, And Genetic Information As Protected Classifications
November 10, 2011	Inconsistent Enforcement Of Disciplinary Process Was Evidence Of Pretext
November 10, 2011	Sexually Derogatory Email About Employee And Sporadic Comments Over Time Did Not Constitute Sexual Harassment
November 10, 2011	IRS Clarifies Tax Treatment Of Employer-Provided Cell Phones
November 10, 2011	Legislature's Adoption Of The 2008 And 2009 Budgets Validated Furlough Of Correctional Officers
November 10, 2011	U.S. Supreme Court To Decide Whether Private Attorney Investigator Is Entitled To Qualified Immunity
November 10, 2011	Employer Not Required To Reimburse Employee For Attorney's Fees Incurred In Employee's Successful Defense Of The Employer's Action Against The Employee
November 10, 2011	Settlement Proceeds Did Not Constitute "Payrate" or "Special Compensation" and Thus Did Not Count Toward Pension Benefits
October 10, 2011	Recent EEOC Disability Discrimination Lawsuits Are A Reminder To Employers To Comply With The ADA
October 10, 2011	Employer Required To Bargain Over Effects Of A Decision Only If The Union So Requests And Identifies Negotiable Effects
October 10, 2011	Governor's Mandatory Furlough Order Applied To Employees Of Elected Constitutional Officers
October 10, 2011	Spouse's Financial Interests Are Attributable To Public Officer Spouse Despite Prenuptial Agreement To The Contrary
October 10, 2011	Temporary Disability Payments Must Include The Market Value Of Employer-Provided Living Quarters, Utilities And Car Allowance
October 10, 2011	New Law Simplifies Procedure For Community College Districts To Establish A By-Trustee Area Election Method
October 10, 2011	Lawmakers Deal Another Blow To Missouri's "Facebook Law"
October 10, 2011	Community College Employee Who Received Unsatisfactory Evaluations Could Not Establish Claim For Discrimination Or Retaliation
October 10, 2011	Although PERB Lacks Jurisdiction To Enforce Agreements, It Can Honor The Terms Of A Con-tract Which Mandate Withdrawal Of An Unfair Practice Charge
October 10, 2011	Employee Must Show That Board Agent Had "Fixed Anticipatory Judgment" In Order To Show Bias; Prior Dismissal Of Charge Insufficient
October 10, 2011	Violation of CEQA's Notice Requirements Did Not Require Project Approval To Be Set Aside Where There Was No Prejudice To The CEQA Process
October 10, 2011	Where A General Contractor Fails to Follow Contractual Change Order Procedures He May Be Held Liable For City-Caused Delay; Public Entity Not Entitled to Pre-Judgment Interest Where It Controlled Escrow Funds
October 10, 2011	Title Insurance Policy May Not Cover Claims Related To Unknown Governmental Land Use Regulations That Do Not Affect Title
October 10, 2011	Media Did Not Defame University By Describing It As A "Suspected Degree Factory" Based On Investigation And Facts
September 10, 2011	Federal Court Dismisses Former Police Officer's First Amendment Retaliation Claim
September 10, 2011	Employee Has No Right To Reinstatement After Her 12-Week Protected Family And Medical Leave Expired
September 10, 2011	Employee Was Entitled To Skelly Rights Because Last Chance Agreement Did Not Waive Them; Employee's Termination Made Him Ineligible For FMLA Leave
September 10, 2011	Sheriff's Deputies Who Were Suspended While Their Felonies Were Pending Stated A Plausible Due Process Violation Because The County Proved Only The Charges, and Not The Underlying Misconduct
September 10, 2011	Superior Court Finds Commission Abused Its Discretion In Reinstating An Employee
September 10, 2011	Evidence Of Supervisor's Harassing Conduct Toward Other Women Before Victim's Employment Was Admissible To Show Discriminatory Intent
September 10, 2011	Employee's Falsification Of Employment Form And Social Security Card Trumps His Disability Discrimination Claim For Refusal To Re-Hire
September 10, 2011	Race Discrimination Plaintiff Cannot Bring Her Case To Trial Because She Lacks Evidence That Adverse Actions Were Based on Her Race
September 10, 2011	Federal Section 1981 Retaliation Claims Are Subject To A Four-Year Statute Of Limitations
September 10, 2011	A Party Who Personally Benefits From An Action May Still Recover Its Attorneys' Fees If The Action Effectuates A Strong Public Policy
September 10, 2011	State Department Of Education May Not Require Use Of "Severe Discrepancy Model" To Determine Student's Eligibility For Special Education Services
September 10, 2011	School Principal Did Not Retaliate Against Student Who Displayed Violent Ideations By Placing Him In Temporary In-School Suspension Room
September 10, 2011	High School History Teacher Entitled To Qualified Immunity Against Claims That He Violated The Establishment Clause
September 10, 2011	Community College Districts Basketball Coach Properly Classified As Temporary
September 10, 2011	Missouri's "Facebook Law" Restricts Communications Between Teachers And Students On Social Media Websites
September 10, 2011	Agency May Not Restrict Access To Documents Disclosed Under The Freedom Of Information Act; Privacy Exemption Applies To Personally Identifying Medical Information
September 10, 2011	Less Specificity Required To Preserve Issue for Appeal; Agency Not Required To Consider Every Suggested Mitigation Measure in Non-Specific Laundry List
September 10, 2011	Contract Between Private Owner And Unlicensed Contractor Is Not Automatically Voided; Owner May Enforce Mandatory Arbitration Provision
September 10, 2011	When May A Subcontractor Hold A License Different From That Specified In the Contract?
September 10, 2011	Public Entity's Policies For Timely Claims Presentation By Another Public Entity Cannot Require A Shorter Presentation Time Frame Than The Government Claims Act
September 10, 2011	Water District May Hold Its Board Meetings At Principal Office Located Outside of the Water District
August 10, 2011	Union Did Not Breach Its Duty Of Fair Representation When It Failed To Attend A Non-Investigatory Meeting In Which The Employer Issued A Written Reprimand
August 10, 2011	City's Personnel Board Upheld Termination For Failure To Perform Within Standards
August 10, 2011	Retired Employees Names And Pension Amounts Received Are Public Records
August 10, 2011	Tracking Employees Driving Employer Vehicles Via GPS
August 10, 2011	State Employee Furloughs Were Lawful Because Of Legislature's Ratification
August 10, 2011	Rent Credit Sufficient To Trigger Prevailing Wage Law
August 10, 2011	U.S. DOJ Is Working With Public Agencies To Ensure ADA Public Access Compliance
August 10, 2011	District Court Must Consider New Relevant Evidence Not Previously Available At Administrative Hearing To Determine If Student Qualifies For Special Education
August 10, 2011	Teacher Did Not Violate A Special Education Student's Right To Bodily Integrity By Failing To Supervise Her Trips To The Restroom
August 10, 2011	Ninth Circuit Sets Forth Rules As To When Plaintiff Must Exhaust IDEA Administrative Process Before Filing Suit In Federal Court
August 10, 2011	School District Did Not Violate Title IX In Its Response To Student-On-Student Sexual Harassment Claim
August 10, 2011	University's Nondiscrimination Policy Does Not Violate Religiously-Exclusive Student Organizations' Freedom Of Speech Or Association, Free Religious Exercise, Or Equal Protection
August 10, 2011	Charter Revocation Proceedings Did Not Violate Due Process
August 10, 2011	Basketball Coach Who Teaches Less Than Sixty Percent Of Full-Time Assignment And Receives Stipend For Ancillary Duties Is A Temporary Employee Of Community College District
August 10, 2011	City's EIR Adequately Addressed Environmental Concerns: A Case Where CEQA Worked
August 10, 2011	Notice of Determination Under CEQA Must Be Posted For Full 30 Day Period
August 10, 2011	Environmental Impact Report Needed If Substantial Evidence Supports Fair Argument That Project May Have Significant Effects On The Environment
July 10, 2011	ADA And FMLA: How They Overlap
July 10, 2011	Employee Without Sufficient Proof Of Need For FMLA Leave Lawfully Terminated For Being AWOL
July 10, 2011	Employee Has No Claim For Same Sex Harassment Without Proof Of Coworker's Sexual Interest; Employer May Be Liable For Coworker Retaliatory Conduct
July 10, 2011	U.S. Supreme Court Denies Class Action Status For Sex Discrimination Case Involving Discretionary Promotional Decisions
July 10, 2011	Court Implies A Good-Cause Exception For Late-Filed Appeals Into An Agency's Administrative Procedures
July 10, 2011	Union Did Not Breach Duty Of Fair Representation As To Alleged Harassment Complaint Because Victim Resigned
July 10, 2011	PERB Finds Insufficient Basis To Sever Bargaining Unit
July 10, 2011	Superior Court Finds That Rail Authority's Use Of Audio And Video Monitoring System In Train Cabs Is Lawful
July 10, 2011	California Supreme Court To Determine Whether Non-Union Member Represented Employees Have Privacy Interests In Their Contact Information
July 10, 2011	U.S. Supreme Court Rules That Police, Upon Going To A School To Question A Seventh-Grade Student, Should Have Considered Student's Age In Determining Whether He Was In Custody And Therefore Entitled To A Miranda Warning
July 10, 2011	So Long As IEP Is Uniquely Tailored To Meet Student's Specific Needs, It Is Immaterial If Diagnosis Is Not Specified
July 10, 2011	Department Of Education Issues Guidance On Providing Equal Access To Student Groups
July 10, 2011	New Law Aims To Protect Students From Social Networking Bullying
July 10, 2011	Department Of Education Issues Regulations Governing Student Aid
July 10, 2011	School District Retaliated Against Administrative Assistant When It Refused To Reinstate Her Based On Unfounded Fears That Her Association With Unpopular General Counsel Would Cause Workplace Disruption
July 10, 2011	What Impacts On A School District Must Be Considered In An EIR?
July 10, 2011	Title To An Employee's Federally Funded Invention Does Not Automatically Vest With The Employer Unless A Proper Assignment Agreement Is Executed
June 10, 2011	Police Officer Retains Permanent Light Duty Assignment Despite Workers' Compensation "100% Disabled" Rating
June 10, 2011	Lawful To Terminate Employee Who Exhausted All Available Leave And Was Still Unqualified To Perform Essential Functions
June 10, 2011	Employers May Discipline Employees For Threatening Violence Even If A Disability Causes The Misconduct
June 10, 2011	Name Of Retiree And Amount Of Public Pension Received Must Be Disclosed Under The California Public Records Act
June 10, 2011	Federal Court Denies Police Officer's Claim For Step Increases During Military Leave
June 10, 2011	U. S. Department Of Labor Releases Smartphone Application That Will Allow Workers To Track Time Worked
June 10, 2011	Overtime Pay For Off-Duty Cell Phone Calls And Text Messages? Maybe!
June 10, 2011	Employees Who Abuse Their Employer's Computer Use Policy With The Intent To Defraud Could Be Charged With Federal Crime
June 10, 2011	Third Circuit Court Of Appeals Rules Students Have A First Amendment Right To Create Offensive Fake MySpace Profiles Of School Principals While Off School Grounds, During Non-School Hours
June 10, 2011	Policy Prohibiting Use Of School Property For Religious Worship Services Upheld
June 10, 2011	High School May Refuse To Allow Students To Print Sexually Explicit Cartoon In Student Newspaper
June 10, 2011	Department of Education Issues Follow-Up Guidance Regarding Use Of Electronic Book Readers And Other Emerging Technologies In Classrooms
June 10, 2011	School District May Not Appoint Law Firm As Replacement For ALJ To Make Recommendation To Commission On Employee's Termination Hearing
June 10, 2011	Arizona State Court Finds That Emails Between Community College Employees Are Not Protected From Disclosure Under The Family Education and Rights Protection Act
June 10, 2011	Trade Secrets Should Be Redacted From Public Records Act Requests
June 10, 2011	University's Award Of Bonuses To Only Non-Represented Employees Is Not Discrimination
June 10, 2011	Seismic Impacts Identified In EIR As Potentially Significant Were Properly Mitigated To Less Than Significant With Use Of Design Standards Based On State And Local Codes And Ordinances
June 10, 2011	Agreement To Negotiate In Good Faith Does Not Constitute An Approval Under The CEQA
June 10, 2011	An Environmental Impact Statement's Failure To Give Substantial Treatment To A Reasonable Project Alternative Constitutes A Violation
June 10, 2011	Public Entities May Enter Into Project Stabilization Agreements That Require A Particular Apprenticeship Program
June 10, 2011	California Prevailing Wage Requirements And Penalty Assessments
June 10, 2011	Assignment Of Concession Contract With Different Concessionaire Does Not Require Com-petitive Bidding Under The Public Resources Code
June 10, 2011	JPAs Are Not Insurers For Purposes Of Applying Subrogation Rules Between JPA And Commercial Insurers
June 10, 2011	Public Entity Must Grant Minor's Application For Leave To Present A Late Government Code Claim If Within One Year Of Accrual Of Cause Of Action
May 10, 2011	School Districts And Community Colleges Must Comply With New Federal Laws Regarding Service Animals: Only Dogs And Miniature Horses Allowed!
May 10, 2011	School District Not Required To Reimburse Parents For Private School Tuition Where Primary Reason for Enrollment Was Drug And Behavior Problems
May 10, 2011	Parents' Decision To Home School Autistic Child Was Appropriate Where District Failed To Provide Free Appropriate Public Education
May 10, 2011	Department of Education Reminds School Districts That Federal Law Prohibits Enrollment Practices That Have The Effect Of Discouraging Enrollment Of Undocumented Students
May 10, 2011	School Administrator's Sexually Explicit Craigslist Ad Costs Him His Job
May 10, 2011	Permanent Employees Who Were Reassigned To Equivalent Executive Assistant Positions Were Not Entitled To Pre-Assigment Due Process
May 10, 2011	Employer May Discipline For Disability Caused Misconduct That Involve Threats Or Violence Against Coworkers
May 10, 2011	School Principal And Superintendent Entitled To Qualified Immunity For Prohibiting Student From Running For Student Office And Wearing Election T-Shirt To School
May 10, 2011	Granting Bonuses To Only Non-Represented Employees Did Not Constitute Discrimination For, Or Interference With, Union Activities
May 10, 2011	Work Under A Separate Contract Paid For With Private Funds Was Held To Be A Public Work For Prevailing Wage Purposes Because The Work Under That Contract Constituted An Integrated Part Of The Construction
May 2, 2011	California Tax Law Now Conforms To Federal Tax Law Regarding Dependent Health Care Coverage
April 10, 2011	The FLSA Prohibits Retaliation Against Employees Because Of Their Verbal Complaints
April 10, 2011	Employer Liable Because Of The Discriminatory Animus Of A Supervisor Who Influenced The Adverse Employment Decision
April 10, 2011	Employee Was Entitled To Appeal Her Termination Even Though The Employer Subsequently Rescinded The Discipline And Filed A Disability Retirement Application On Her Behalf
April 10, 2011	Nonmember Represented Employees Have A Privacy Interest In Their Names, Home Addresses And Telephone Numbers, And Are Entitled To Notice And To Opt Out If A Union Seeks Such Information
April 10, 2011	Court Approves Employer's One-Strike Rule Barring Applicant Who Previously Failed Pre-Employment Drug Test
April 10, 2011	The Statute Of Limitations Under The FEHA Runs From The Date Of The Notice Of Right-To-Sue, And Not The Later Date That The Complainant Receives The Notice
April 10, 2011	PERB Charge Dismissed As Untimely And Beyond PERB's Jurisdiction
April 10, 2011	Union Stated Prima Facie Case For Discrimination And Interference When Employer Offered A Dental Plan With A Lower Premium To Non-Union Members
April 10, 2011	Classified Employees Attain Permanent Status Only In A Specific Position Or Class And Not When Reemployed In A Different, Lower Position
April 10, 2011	Probationary Teacher May Not Claim That School District Failed To Notify Him Of Non-Reelection Where He Intentionally Avoided Service Of The Non-Reelection Notice
April 10, 2011	High School Golf Coach Is A Volunteer Under The FLSA And Is Not Entitled To Overtime Wages
April 10, 2011	Employer Bears Burden Of Proving That It Had Legitimate Reasons For Failing To Reinstate An Employee From FMLA
April 10, 2011	Where Court Finds That An Environmental Impact Report Is Partially Inadequate, The Court Must Set Aside Its Certification and Project Approvals By Writ Of Mandate
March 10, 2011	School District Did Not Retaliate Against Temporary Teacher Where Its Failure To Timely Evaluate Her In Violation Of The MOU Were Consistent With Practices Before Teacher Engaged In Protected Activity
March 10, 2011	The Governor Possessed The Constitutional Authority To Line-Item Veto The Appropriation Of Funding For AB 3632 Mental Health Services; School Districts Remain Responsible For Complying With The IDEA
March 10, 2011	School Districts Do Not Have Private Right Of Action Under IDEA Beyond Contesting Issues Raised By Disabled Child's Complaint
March 10, 2011	School District Agrees To Allow Service Dog To Accompany Autistic Student To School In Response To Complaint Filed By U.S. Department Of Justice
March 10, 2011	Court Rejects Claim That Three-Prong Test Under Which Compliance With Title IX Regulations May Be Satisfied By Showing Proportionality Between Student Enrollment And Student Athletes Violates Title IX Or The Equal Protection Clause
March 10, 2011	Court of Appeals Affirms Lower Court's Injunction Allowing Students To Wear T-Shirts Displaying "Be Happy, Not Gay" Message Where No Evidence Of Reasonable Belief That The Message Created A Substantial Disruption Of The Education Process
March 10, 2011	California Supreme Court Confirms That A Local Public Entity May Unilaterally Decide To Lay Off Employees To Reduce Labor Costs, But Must Bargain Over The Implementation Of The Decision, And That PERB's Decision Not To Issue A Complaint Is Only Subject To Judicial Review Under Narrow Circumstances
March 10, 2011	School District Did Not Retaliate Against Temporary Teacher Where Its Failure To Timely Evaluate Her In Violation Of The MOU Was Consistent With Practices Before Teacher Engaged In Protected Activity
March 10, 2011	Reinstated Employee Entitled To Back Pay Where School District Failed To Show That There Were Comparable Jobs Available To Which The Employee Did Not Apply
March 10, 2011	Subcontractor Was Duly Licensed When It Held A Class A General Engineering Contractor's License Even Though Prime Contract Required Subcontractors To Maintain Specialty License
March 10, 2011	Retroactive Retirement Formula Enhancement Held Constitutional; But, County Intends To Appeal
March 10, 2011	Employer Liable For Retaliating Against An Employee Who Was Closely Associated With Another Employee Who Filed A Title VII Charge
March 10, 2011	A PERS Employer Is Not Required To Reinstate An Employee Who Retired For Disability But Who Now Claims To Be Recovered
March 10, 2011	PERB Denied Association's Request For Reconsideration Of The Denial Of Its Severance Petition
March 10, 2011	PERB Finds Unfair Practice When Employer Imposed A Requirement For A Unit Modification Petition Not Found In The Employer-Employee Relations Policy
March 10, 2011	Employee's Lawsuit Blocked Because She Did Not File A DFEH Complaint Within One Year Of The Last Act Of Alleged Sexual Harassment Or Retaliation
March 10, 2011	Employer May Win Attorneys' Fees From An Employee Who Brings A Frivolous Title VII Complaint
February 10, 2011	Although State's Practice Of Nominally Funding Mandated Programs Is Unconstitutional, Court May Not Order State To Stop This Practice Or To Reimburse $900 Million To School Districts
February 10, 2011	School Districts May Limit Number Of Out-Of-District Student Transfers To Ten Percent Of Average Daily Attendance For The Duration Of The District Of Choice Program
February 10, 2011	School District Not Entitled To Award Of Attorneys' Fees Under IDEA Where Parents Sought Compensatory Education For Autistic Child And Did Not File Suit For An Improper Purpose
February 10, 2011	Special Education Student Was A Prevailing Party Under The IDEA Despite Rejecting District's Settlement Offer And Ultimately Receiving Less Relief Than Provided For In The Offer; But, Prevailing Party Only Entitled To Attorneys' Fees For Work Done Through Date Of Settlement Offer
February 10, 2011	Injured Motocross Driver's Claims Of Ordinary Negligence Are Barred By Signed Release Despite Fact That Driver Did Not Read Release And Motocross Company Did Not Inform Driver That He Was Signing A Release At Time Of Signature
February 10, 2011	School District Does Not Have Mandatory Duty To Classify Employee Serving In Limited Capacity As High School Baseball Coach As Probationary Employee
February 10, 2011	Public Entity May Only Be Sued For Inverse Condemnation When Its Occupancy Of Land Is Unlawful
February 10, 2011	City Must Include Sick, But Not Vacation Leave Buy Backs In The FLSA Regular Rate Of Pay; Employer Used Appropriate Method To Calculate FLSA Overtime
February 10, 2011	Payroll Processing Company Was Not A "Joint Employer" And Not Liable For Unpaid Wages
February 10, 2011	Defense Verdict Overturned Because Employer Was Aware Employee Was Sexually Harassed But Took No Preventative Action
February 10, 2011	Employer's Comments About The Change In Timing And Length Of Maternity Leave Were Not Unlawful; Employee Had No Privilege In Communications To Her Attorney Over Company's Email
February 10, 2011	Employee Who Was Fired Two Days After Complaining About Harassment Based On Sexual Orientation Could Pursue Retaliation Claim
February 10, 2011	Employer Had A Legitimate Business Need For Information About Prior Drug Abuse For Background Checks
February 10, 2011	Probation Unit Manager Could Be Sued For Coercing An Independent Contractor To Terminate An Employee Who Testified As An Expert Witness
February 10, 2011	CalPERS Issues Circular Letter Discussing Implementation Of The Patient Protection And Affordable Care Act As To Discontinuing Health Care Coverage Due To An Employee's Reduction In Working Hours
February 10, 2011	Employer Did Not Violate EERA When It Deducted From Employees' Paychecks The Amount Of A Health Benefits Premium Increase During Negotiations Because CBA's Language Setting Out Employer's Specific Contribution Amount Created Status Quo
February 10, 2011	Employee Cannot Arbitrate Grievance If Alleged Wrong Occurred After Expiration Of MOU
February 10, 2011	Union Did Not Breach Its Duty Of Fair Representation By Declining To Continue To Pursue Disciplinary Grievance On Behalf Of Employee
February 10, 2011	Retirement Plans Offered By Public Employer, But Marketed By Public Employees' Union, Were Not Subject To ERISA
February 10, 2011	CalPERS Limits Window Periods For Golden Handshakes During 2011 In Order To Allow CalPERS To Implement The "My|CalPERS" System For Employers
January 10, 2011	Over Union Objection, Court Approves Settlement Between The Los Angeles Unified School District And ACLU To Prevent Seniority Based Layoffs At 45 Hard To Staff Schools Currently Engaging In Reform Efforts
January 10, 2011	Public High School's Policy Of Searching All Students Who Leave Campus During The Day And Then Return To Campus Is Constitutional
January 10, 2011	Foundation For Individual Rights In Education Sends Letter To Colleges And Universities Claiming That School Administrators Should Not Be Entitled To Qualified Immunity For Claims Of First Amendment Violations
January 10, 2011	Student Fails To Establish That School District's Untimely Testing Of Student For Special Education Without Showing Of Intentional Discrimination Constituted Disability Discrimination
January 10, 2011	IDEA Does Not Authorize Award Of Attorneys' Fees Where Child Has Not Been Determined A "Child With A Disability" As Defined In The IDEA
January 10, 2011	District Did Not Violate IDEA Where It Provided Services Based On Last Implemented IEP; District May Be Eligible For Attorneys' Fees Where Parents Pursue Frivolous Reimbursement After Child's Death
January 10, 2011	Attorney General Determines That The Office Of City Clerk Is Not Incompatible With The Office Of Trustee Of A School Located Within The Same City
January 10, 2011	Court Dismisses Charges Against Former School District Superintendent For Unlawful Use Of Public Funds Where Superintendent Created Lists Of District Citizens Who Supported Recall Of Board Of Directors
January 10, 2011	Healthy, Hunger-Free Kids Act Of 2010 Increases Funding For National School Lunch Program And Creates Path For Establishing National Nutritional Standards For Schools
January 10, 2011	AB 2486 - Social Host Liability
January 10, 2011	AB 1999 - Underage Drinkers: Immunity From Prosecution
January 10, 2011	SB 1411 - Impersonation: Internet
January 10, 2011	AB 1399 - Local Officials
January 10, 2011	Minimum Wage Provisions Of Wage Order 4-2001 Apply To Employees Of Public School Districts
January 10, 2011	Music Teacher Who Violated School District's Sick Leave Policy Has No Right To Privacy Against Public Report By Board Of Education's Investigator Revealing Teacher's Fibromyalgia Condition
January 10, 2011	DFEH May Prosecute An Action For Failing To Take All Reasonable Steps To Prevent Harassment As An Independent Violation Even Where There Is No Legally Actionable Claim Of Harassment
January 10, 2011	Police Officer Failed To Prove Age Discrimination Based On Department's Failure To Transfer Officer To New Position Where Officer Lacked Any Indication The Failure To Transfer Was Based On Age
January 10, 2011	All Six Of Employee's Retaliation Charges Alleged Over Two Years Rejected By Jury
January 10, 2011	City's Requirement That Employee Repay Portion Of Costs For Training If The Employee Voluntarily Resigned Employment Without Fully Serving A Specified Time Of Employment Following Training Did Not Violate Minimum Wage Requirements Of FLSA
January 10, 2011	Chief Administrator Was Not Disqualified From Sitting As Decisionmaker At "Name Clearing Hearing" Even Though He Found Misconduct On Part Of Employee And Issued The Notice Of Intent To Terminate; Chief Administrator Was Entitled To Qualified Immunity Against Suit For Violation Of Due Process Where Chief Administrator Did Not Have Reasonable Belief That Employee Was Accusing Him Of Illegal Conduct
January 10, 2011	University Professor Does Not Have Constitutionally Protected Property Interest In Academic Chair Appointments Absent Statute Or Agreement Providing Otherwise
January 10, 2011	Workplace Violence Injunctions Were Properly Issued Where There Was Clear Evidence That Citizen's Conduct And Statements Posed Credible Threats Of Violence Against City Employees And Elected Officials
January 10, 2011	Challenges To State Board Of Education Regulations Related To School District's Provision Of Facilities To Charter Schools Are Rejected
January 10, 2011	Where Bond Funds Pay For A Portion Of Public Facilities On A Project With Private And Public Facilities: (1) The Entire Project Constitutes A "Public Work"; And (2) All Public Facilities Are Subject To Prevailing Wage Laws Whether Publicly Or Privately Funded
January 10, 2011	Requirement That Change Orders Be Approved And In Writing Cannot Be Modified Orally Or Through The Parties' Conduct
January 10, 2011	All Property In A Newly Unified School District Is Liable For Bonded Indebtedness Of The Prior School Districts
January 10, 2011	Report Must Include Baseline Study Comparing Project Impacts To Existing Physical Conditions
January 10, 2011	PERB Grants Judicial Review Of Hearing Officer's Holding That Part-Time Playground Positions Are Not Part Of The Classified Service And Do Not Have Representation Rights Under The EERA
January 10, 2011	Non-Union Member Employees Have A Protected Privacy Interest In Their Names, Addresses, And Telephone Numbers And Therefore, Are Entitled To Notice And An Opportunity To Opt-Out Where Union Seeks Such Information From The Public Employer
January 10, 2011	Changes To The Minimum Qualifications For A Job Classification Which Did Not Adversely Effect Incumbents And Which Merely Expanded The Scope Of Eligible Candidates Was Not Within The Scope Of Bargaining
January 10, 2011	Severance Petition Was Properly Dismissed Where Not Filed Within The "Window Period" Established By PERB Regulations
December 10, 2010	School Districts Must Provide Elementary Students With A Minimum Of 200 Minutes Of Physical Education Instruction Each Ten Schooldays
December 10, 2010	Governor Lacked Authority To Suspend AB 3632 Mandate Relating To Special Education Students; OAH Retains Jurisdiction Over Related Due Process Claims
December 10, 2010	Special Education Student Could Not Pursue Due Process Claim Against School Board Where IEP Team, Including Student's Guardian, Agreed To Transfer Student To Alternative Classroom After Being Suspended
December 10, 2010	Community College Dean Allowed To Proceed With His Claim To Exercise Retreat Rights Under Education Code Section 87458 Where Termination Was Not For Cause And He Was Qualified For Available First-Year Probationary Faculty Positions
December 10, 2010	Employer Failed To Afford Reasonable Accommodation After Leaving Employee On Unpaid Leave For Five Months, Making Overly Broad Request For Medical Information, And Assigning Employee A Severely Reduced Work Schedule Resulting In Loss Of Job Benefits
December 10, 2010	Employee Not Required To Receive Right-To-Sue Letter From The EEOC Before Filing Lawsuit Based On Violations Of The ADA Where He Had Previously Received A Right-To-Sue Letter From The DFEH Based On The Same Allegations; Also, Employee Lost His Failure-To-Rehire Claim Based On Disability For Failure To Follow The Collective Bargaining Agreement Rehire Procedure
December 10, 2010	Change In Compensation Plan Which Made It More Difficult For Senior Agents To Achieve Commissions And Attain Quotas Raised Triable Issue Of Fact As To Whether Change Was Motivated By A Legitimate Business Reason Or A Discriminatory Animus Against Older Workers
December 10, 2010	City Management Not Entitled To Qualified Immunity For Jumping Over White Candidates For Promotion To Police Captain In Favor Of African American Candidates Who Were Lower On The Eligibility List
December 10, 2010	Ninth Circuit Upholds Summary Judgment In School District's Favor And Against Assistant Principal Claiming Race And Gender Discrimination And Retaliation
December 10, 2010	EEOC Adopts Regulations Implementing The Genetic Information Nondiscrimination Act Of 2008 (GINA)
December 10, 2010	Terminated Employee Sufficiently Alleged Claims For Sexual Harassment By Supervisor, But Not For Retaliation Based On Documentation Of Employee's Failure To Follow Proper Leave Procedures Before Supervisor Was Aware Of Sexual Harassment Complaint
December 10, 2010	Triable Issue Of Fact Existed That Employer Discriminated Against Employee Because Of Military Service Where Employer Extended Length Of Performance Improvement Plan Due To Military Leave; Employee Failed To Allege Facts Sufficient To Constitute Hostile Work Environment Based On Military Service
December 10, 2010	Both Industrial And Nonindustrial Causal Factors Must Be Considered In Determining Whether Good Faith Personnel Actions Substantially Caused Psychiatric Workers' Compensation Injury
December 10, 2010	Overtime Compensation Earned On A Regular Basis Was Excluded From Sheriff Deputy's '37 Act Retirement Allowance Because Deputy Volunteered To Perform Overtime Outside His Regular Schedule And Did Not Pay Into Retirement System For Overtime
December 10, 2010	Calpers Discusses Impact Of AB 1651 Of Mandatory Furloughs On Service Credit And Final Compensation For School And Local Safety Members.
December 10, 2010	City's Public Safety Auditor, An Employee In Mayor's Office, Not Protected By First Amendment In Connection With Publishing A Report And Giving A Radio Interview Concerning Policing Practices That Resulted In Estrangement Between The Police And The Community
December 10, 2010	Governor Vetoes Bill Aimed At Limiting Employers' Ability To View Credit History Of Job Applicants
December 10, 2010	Status As Confidential Employee Did Not Disqualify Union Member From Voting In Union Election; Union Member's Challenge To Adoption Of New Union Bylaws Was Not Within Jurisdiction Of Employer's Labor Relations Commission
December 10, 2010	Public Policy Of Upholding The Finality Of Arbitration Decisions Overrides Public Policy In Returning Terminated Alleged Sexual Harassers To The Workplace
December 10, 2010	Historical Water Usage Of Project And A Designated Source Of Water Are Sufficient To Uphold Environmental Impact Report
November 10, 2010	California Supreme Court Upholds Education Code Provision Exempting Nonresidents, Including Unlawful Aliens, From Nonresident Tuition
November 10, 2010	U.S. Department Of Education Issues Letter Stating That Student Conduct Falling Within Schools' Anti-Bullying Policies May Trigger School Obligations Under Federal Civil Rights Laws
November 10, 2010	Curricular Choices Of High School English Teacher Is Not Protected Activity Under The First Amendment
November 10, 2010	School Officials Protected By Qualified Immunity Where They Refused To Allow Student To Return To School Because Of Reasonable Fear Of Violence And Disruption Of School
November 10, 2010	Project Must Be Within Incorporated City Limits To Qualify For "In-Fill" CEQA Exemption
November 10, 2010	Litigation Expenses In Eminent Domain Action May Be Awarded Against Public Entity When Compensation Offer Is Unreasonable And Not In Good Faith
November 10, 2010	Department of Industrial Relations Suspends Its Compliance Monitoring Unit Until May 4, 2011
November 10, 2010	Community College District's Project Stabilization Agreement Is Not Preempted By National Labor Relations Act Or By Employment Retirement Income Security Act
November 10, 2010	School District Must Pay Contractor $1.45 Million On $1.65 Million Project, Including Attorney's Fees
November 10, 2010	Employer May Not Stop Paying Medical Insurance Premiums To Retirees Because The Collective Bargaining Agreements Conferring That Coverage Expired Or Because Of Collateral Provisions In The Benefit Plan Documents
November 10, 2010	Union's Unfair Practice Charge Alleging That Governor's Executive Order To Impose Furloughs On Represented State Employees, But Not On Unrepresented Contract Physicians, Did Not State An Unfair Practice Charge
November 10, 2010	PERB Dismisses Unfair Practice Charge Against County That Imposed Furloughs On Bargaining Unit In Accordance With Board Resolutions Notwithstanding That Personnel Handbook Mistakenly Excluded Unit From Resolutions
November 10, 2010	Imposition Of Last Best Final Offer, Even If On A Multi-Year Basis, Is Not Unlawful
November 10, 2010	Community College Administrators Do Not Have Statutory Or Property Right To Former Administrative Positions
November 10, 2010	Terminated African-American Firefighter Could Not Show He Was Treated Differently From White Employees Where Different Decisionmakers Were Involved In The Decision Not To Terminate The White Employees
November 10, 2010	EEOC Loses Lawsuit Alleging Racial Discrimination Because Employee Was Not A Qualified Applicant Due To Established Company Policy Of Not Hiring Persons With Theft Related Convictions
November 10, 2010	Terminated Employee Was Unable To Establish Age Discrimination In Connection With Employer's RIF Program Because His Comparative Statistical Evidence Did Not Exclude Employees Who Accepted Buy-Outs For Early Or Regular Retirement
November 10, 2010	A Jury Finds A Police Officer Did Not Suffer An Adverse Action After Being Assigned To A Desk Pending A Medical Opinion That He Was Fit For Duty
November 10, 2010	Single Incident Involving Physical Touching Of Intimate Body Parts Was Sufficient To Support A Hostile Work Environment Claim
November 10, 2010	Employee May File A Lawsuit On Retaliation Claim She Lost Before The EEOC Without Including A Discrimination Claim She Won Before The EEOC In The Same Administrative Complaint
November 10, 2010	Public Employment Pension Contributions And Benefits Are Subject To Garnishment Under The Federal Debt Collection Procedures Act And Mandatory Victims Restitution Act
October 10, 2010	Student Lacked Standing To Challenge Community College's Sexual Harassment Policy Where Student Made Statements About Faith And Homosexuality And College Did Not Threaten To Enforce The Sexual Harassment Policy
October 10, 2010	Federal Constitutional Protections Implicated By Student Trustee Election
October 10, 2010	The Definition Of "Highly Qualified" Teacher Under No Child Left Behind Act Does Not Include Intern Teaching Credential Holders
October 10, 2010	Administrative Law Judge Finds That College Did Not Need To Show Cause For Why It Did Not Grant Tenure To Probationary Faculty Member
October 10, 2010	Arbitrator Does Not Have Authority To Grant Fifth Probationary Year To Community College Faculty Member
October 10, 2010	State Controller's "Contemporaneous Source Document Rule," Under Which School And Community College Districts' Mandated Program Reimbursement Requests Were Subjected To Stricter Documents Requirement, Is Held Invalid
October 10, 2010	Public Entity Not Liable For Accident Resulting From Ordinary Use Of A Construction Vehicle
October 10, 2010	Subcontractor Directed To Perform Additional Services May Recover The Reasonable Value Of Those Services Without An Agreement For Such Services
October 10, 2010	University President And Provost Entitled To Qualified Immunity For Demoting Dean Who Publicly Opposed University Policies And Created Department Conflict
October 10, 2010	City Officials Were Entitled To Qualified Immunity When They Ordered Employee To Show Them Items He Kept In His Home, But Private Attorney/Investigator Was Not Entitled To Qualified Immunity
October 10, 2010	Male Employee Subjected To Almost Daily Verbal Sexual Harassment From Female Colleague Could Take Case To Trial
October 10, 2010	Although Female Employees Participated In Inappropriate Sexual Misconduct, Male Employees Terminated For Sexual Harassment Were Not Similarly Situated To The Females Where The Male Employees' Conduct Resulted In A Complaint, And The Females' Conduct Did Not
October 10, 2010	Deaf Employee With Limited English Skills Raised Triable Issue As To Whether Employer's Failure To Provide Requested Sign Language Interpreter During Meetings Constituted A Failure To Provide Reasonable Accommodation
October 10, 2010	Employer Did Not Violate The Family And Medical Leave Act Or The Americans With Disabilities Act When It Terminated An Employee Who Was Found To Be Unfit For Duty
October 10, 2010	Employee Who Was Subjected To Negative Age And Disability-Related Remarks After His Stroke, Created A Triable Issue Of Fact Regarding His Termination
October 10, 2010	District Court Erred By Applying A "Pretext-Plus" Standard To School Administrator's Age Discrimination Claim
October 10, 2010	Court Finds That White Employee's Termination By African-American Supervisor Based On Alleged Mishandling Of Employee Discipline And An Administrative Investigation Was Pretextual And Was In Fact Racially Motivated Where The Employee's Conduct Was Reasonable
October 10, 2010	Firefighter Had No Property Interest In His Position As A Paramedic, But The Manner In Which The Assignment Was Terminated May Have Violated His Liberty Interest Entitling Him To Due Process
October 10, 2010	Labor Code Sections Regarding Meal Breaks Do Not Apply To Public Entities
October 10, 2010	Department Of Justice Opines Regarding Pre-Hire Questions Employers May Ask To Exclude Candidates Who Are Non-Immigrant Visa Holders
October 10, 2010	Small Business Jobs Act Permits Employers To Provide Cell Phones To Employees Without Having Phones Taxed As Benefits
October 10, 2010	Teacher Established Prima Facie Case Of Retaliation By Showing School District Removed Him From The Substitute Teacher List Weeks After Settling Grievances In His Favor
October 10, 2010	University Did Not Deny Employees Access To Grievance Process Where Employees Failed To Appeal University's Initial Denial Of Preliminary Conference
October 10, 2010	Student Lacked Standing To Challenge Community College's Sexual Harassment Policy Where Student Made Statements About Faith And Homosexuality And College Did Not Threaten To Enforce The Sexual Harassment Policy
October 10, 2010	Federal Constitutional Protections Implicated By Student Trustee Election
October 10, 2010	The Definition Of "Highly Qualified" Teacher Under No Child Left Behind Act Does Not Include Intern Teaching Credential Holders
October 10, 2010	Administrative Law Judge Finds That College Did Not Need To Show Cause For Why It Did Not Grant Tenure To Probationary Faculty Member
October 10, 2010	Arbitrator Does Not Have Authority To Grant Fifth Probationary Year To Community College Faculty Member
October 10, 2010	State Controller's "Contemporaneous Source Document Rule," Under Which School And Community College Districts' Mandated Program Reimbursement Requests Were Subjected To Stricter Documents Requirement, Is Held Invalid
October 10, 2010	Public Entity Not Liable For Accident Resulting From Ordinary Use Of A Construction Vehicle
October 10, 2010	Subcontractor Directed To Perform Additional Services May Recover The Reasonable Value Of Those Services Without An Agreement For Such Services
October 10, 2010	University President And Provost Entitled To Qualified Immunity For Demoting Dean Who Publicly Opposed University Policies And Created Department Conflict
October 10, 2010	City Officials Were Entitled To Qualified Immunity When They Ordered Employee To Show Them Items He Kept In His Home, But Private Attorney/Investigator Was Not Entitled To Qualified Immunity
October 10, 2010	Male Employee Subjected To Almost Daily Verbal Sexual Harassment From Female Colleague Could Take Case To Trial
October 10, 2010	Although Female Employees Participated In Inappropriate Sexual Misconduct, Male Employees Terminated For Sexual Harassment Were Not Similarly Situated To The Females Where The Male Employees' Conduct Resulted In A Complaint, And The Females' Conduct Did Not
October 10, 2010	Deaf Employee With Limited English Skills Raised Triable Issue As To Whether Employer's Failure To Provide Requested Sign Language Interpreter During Meetings Constituted A Failure To Provide Reasonable Accommodation
October 10, 2010	Employer Did Not Violate The Family And Medical Leave Act Or The Americans With Disabilities Act When It Terminated An Employee Who Was Found To Be Unfit For Duty
October 10, 2010	Employee Who Was Subjected To Negative Age And Disability-Related Remarks After His Stroke, Created A Triable Issue Of Fact Regarding His Termination
October 10, 2010	District Court Erred By Applying A "Pretext-Plus" Standard To School Administrator's Age Discrimination Claim
October 10, 2010	Court Finds That White Employee's Termination By African-American Supervisor Based On Alleged Mishandling Of Employee Discipline And An Administrative Investigation Was Pretextual And Was In Fact Racially Motivated Where The Employee's Conduct Was Reasonable
October 10, 2010	Firefighter Had No Property Interest In His Position As A Paramedic, But The Manner In Which The Assignment Was Terminated May Have Violated His Liberty Interest Entitling Him To Due Process
October 10, 2010	Labor Code Sections Regarding Meal Breaks Do Not Apply To Public Entities
October 10, 2010	Department Of Justice Opines Regarding Pre-Hire Questions Employers May Ask To Exclude Candidates Who Are Non-Immigrant Visa Holders
October 10, 2010	Small Business Jobs Act Permits Employers To Provide Cell Phones To Employees Without Having Phones Taxed As Benefits
October 10, 2010	Teacher Established Prima Facie Case Of Retaliation By Showing School District Removed Him From The Substitute Teacher List Weeks After Settling Grievances In His Favor
October 10, 2010	University Did Not Deny Employees Access To Grievance Process Where Employees Failed To Appeal University's Initial Denial Of Preliminary Conference
September 10, 2010	To Bid Or Not To Bid? Responsibility Is The Question. Court Outlines Criteria For Distinguishing Non-Responsive Bids and Non-Responsible Bidders
September 10, 2010	UC's Construction Contract Award Unlawful: Undisclosed Criteria Created Inference Of Favoritism
September 10, 2010	Attorney General Opinion Allows School Districts To Continue To Contract With Community-Based Organizations
September 10, 2010	Public Agencies Must Conduct An Environmental Review When They Commit To A Course Of Action In Relation To Any Project That Could Significantly Impact The Environment
September 10, 2010	Charter School Awarded Damages Calculated As Benefit Of The Bargain For School District's Failure To Provide Reasonably Equivalent Facilities
September 10, 2010	Claim By Parents That Department Of Education Acted With Deliberate Indifference By Not Providing Autistic Children With Reasonable Accommodation Allowed To Proceed
September 10, 2010	School Policy Of Waiting Three Years Before Testing Recently-Enrolled English Language Learners For Learning Disabilities Does Not On Its Face Constitute National Origin Discrimination
September 10, 2010	California Supreme Court Finds That "Stray Remarks" May Be Indicative Of Discrimination And Should Be Considered In Conjunction With Other Evidence In Discrimination Cases
September 10, 2010	City Did Not Violate The Americans With Disabilities Act When It Required A Police Officer To Submit To A Fitness For Duty Exam After He Exhibited Emotionally Volatile Behavior
September 10, 2010	White Applicants Raise Triable Issue As To Whether City's Continued Reliance On 1980 Consent Decree Was A Legitimate Reason To Give African American Applicants Preferential Treatment
September 10, 2010	Labor Code 1776 Does Not Provide An Absolute Privilege Against Disclosure Of Personal Employee Information Contained In Certified Payroll Records Pursuant To A Discovery Request
September 10, 2010	Content-Based Restrictions Of Speech At Privately-Owned Mall Are Unconstitutional And Violate Right Of Free Speech
September 10, 2010	Teacher Failed To Show Causal Connection Between His Protected Activity And His Removal From Athletic Coordinator Position
September 10, 2010	Involuntary Transfer To A Position Having Inferior Job Duties And Working Conditions Can Constitute An Adverse Action Notwithstanding That The Employee Retained The Same Salary And Job Title
September 10, 2010	Part-Time Playground Positions Are Not Part Of The Classified Service And Do Not Have Representation Rights Under The EERA
September 10, 2010	Union Could Lawfully Deny Voting Rights To Non-Member Unit Employees As Long As They Were Given Notice As To The Subject Of The Vote And The Opportunity To Provide Input
September 10, 2010	PERB Finds That Local Union Affiliate Of AFSCME Failed To Establish The Requisite Continuity Of Representation And Identity Required For PERB To Grant An Amendment Of Certification Following Disaffiliation Of Local From AFSCME
September 10, 2010	Employer's Termination Of Employee Who Was Union President, But Had Excessive Personal Absences And Was Denied Union Leave, Was Not Retaliatory Because Denial Of Leave Was Legitimate
September 10, 2010	County Was Not Required To Bargain Over A Binding Interest Arbitration Charter Amendment Before It Placed It On The Ballot, But County Was Required To Bargain Over Prevailing Wage Measure Charter Amendment Prior To Placing It On The Ballot
September 10, 2010	Arbitrator Was Not Required Under California Law To Disclose That His Wife Had Worked For The Same Law Firm As One Of The Attorneys For A Party Eight Years Before The Attorney Assumed Representation
August 10, 2010	To Defend Preferences, San Francisco Still Seeking To Prove Its Intentional Discrimination
August 10, 2010	Supreme Court Issues New Standard For Determining Liability For Nondisclosure To A Public Works Contractor
August 10, 2010	Mitigation Expenses For Loss Of Goodwill Not Recoverable In Eminent Domain Proceeding If They Constitute Relocation Expenses
August 10, 2010	In Order To Approve A Statewide Charter, The State Board Of Education Must Find That The Statewide Benefit Provided By The Proposed Charter School Could Not Be Provided Through Locally Approved Charters
August 10, 2010	School District Ordered To Provide Compensatory Education, Including Annual IEPs, To Student With Autism After Student's Twenty-First Birthday
August 10, 2010	Public Schools May Not Charge Student Fees For Extracurricular Activities
August 10, 2010	Supervisory Employees Who Exercise Authority Over Personnel Actions May Be Held Liable Under The Reporting By School Employees Of Improper Governmental Activities Act
August 10, 2010	Employee Could Not Show That Letter Of Warning Was An Adverse Employment Action Under The FEHA
August 10, 2010	Employer Was Not Required To Initiate Interactive Process Where It Had Not Heard From Employee In Over 18 Months, And Had Advised Employee Of Its Determination That The Employee Was Not Fit For Duty
August 10, 2010	Notwithstanding Agreements Stating That A Worker Is An Independent Contractor And Not An Employee, Courts Must Apply Multifactor Analysis To Determine Legal Status
August 10, 2010	Under The Family And Medical Leave Act, An Individual Who Does Not Have Any Legal Or Biological Relationship With A Child, But Assumes The Responsibilities Of A Parent With Respect To Financial Support Or Day-To-Day Care, May Be Deemed The Child's Parent And Be Eligible For Leave
August 10, 2010	Teachers Association Required To Exhaust Grievance Arbitration Procedure When Alleging School District Created Unequal Pay Structure In Violation of Education Code
August 10, 2010	Union Waived Its Right To Bargain Over Effects Of Layoffs Where Union Did Not Clearly Identify The Negotiable Effects It Sought To Bargain Over
August 10, 2010	Employer's Implementation Of Layoff Prior To The Completion Of Negotiations Regarding The Effects Of The Layoff Decision Was Justified
August 10, 2010	D.C. Public Schools Terminate 302 Employees, Including 241 Teachers; Most Of The Dismissals Are Based On Performance
July 10, 2010	PERB Does Not Require Proof Of Majority Support In The Case Of A Unit Modification Petition That Adds Unrepresented Positions Totaling Less Than 10% Of The Unit.
July 10, 2010	Where Union Leafleters Immediately Left Areas Prohibited Under The Collective Bargaining Agreement When Advised To Do So, Union Did Not Unilaterally Change Negotiated Access Policy.
July 10, 2010	Oregon Statute Requiring Local Public Employers To Provide Health Care Benefits To Retirees Did Not Create A Property Interest Where The Nature And Extent Of The Entitlement Were Indeterminate And Local Agencies Had Extensive Functional Discretion.
July 10, 2010	Where Supervisor Terminated Employee After Having Criticized Employee's Performance Because Of Use Of Family And Medical Leave, Employee Could Take Retaliation Claim To Trial.
July 10, 2010	Court Dismisses Employees' Claim For Discrimination, Wrongful Termination, And Retaliation Based On Employer's Investigation Of Their Relationship.
July 10, 2010	Where Employer Created An Eligibility List Having A Disparate Impact On Black Applicants, Each Round Of Hiring Based On The List Can Serve As The Basis For A Claim Under Title VII.
July 10, 2010	Court Dismisses Employee's Claim Of "Constructive Discharge" Based On Alleged Whistleblowing And Discrimination.
July 10, 2010	Employee Raised Triable Issue As To His Claim That His Speech Was Not Made Pursuant To His Official Job Duties.
July 10, 2010	School Board Member Who Was Voted Out Of Vice President Position By His Fellow Board Members Could Not On That Basis Assert A First Amendment Retaliation Claim.
July 10, 2010	Legislature Passes Bill To Incorporate The Notice Requirements Under Federal COBRA And The Federal American Recovery And Reinvestment Act (ARRA) Premium Assistance Program Into The Cal-COBRA Law.
July 10, 2010	U.S. Supreme Court Upholds Public University's Refusal To Officially Recognize Student Group That Excludes Students Based On Religion And Sexual Orientation.
July 10, 2010	U.S. Department Of Labor And U.S. Department Of Justice Advise Colleges And Universities That Requiring Electronic Book Readers That Are Inaccessible To Visually-Impaired Students Constitutes Disability Discrimination.
July 10, 2010	IEP For Autistic Student Satisfies IDEA Without Including Goals Related To The Student's Behavior.
July 10, 2010	California Supreme Court Confirms That PERB Has Initial Jurisdiction To Determine Whether A Strike By Public Employees Is Illegal, Even When The Strike Implicates Essential Public Services.
July 10, 2010	Court Of Appeal Rejects Caucasian Officer's Lawsuit Based On Alleged Discriminatory Treatment Of An African-American Coworker.
July 10, 2010	CalPERS Increases Its Healthcare Premiums For 2011 By An Average Of 9.1 Percent – Employers Have Until August 15th To Not Renew Contracts.
June 10, 2010	Trained School Personnel Who Are Not Nurses May Not Administer Insulin To Diabetic Students.
June 10, 2010	District's Failure To Have IEP In Place On The First Day Of Classes Did Not Deprive Student Of FAPE Absent Specific Evidence Of An Educational Deprivation.
June 10, 2010	Community College District Could Not Prevent Employee From Sending Racist Emails To All College Employees.
June 10, 2010	Teacher's Complaints To Her Supervisors About Her Heavy Workload Did Not Constitute Protected Speech Under The First Amendment.
June 10, 2010	California's Whistleblower Protection Act Permits CSU Employee Who Filed An Internal Whistleblower Complaint And Received An Adverse Administrative Decision To Bring A Separate Civil Action For Damages Without First Obtaining A Writ Of Mandate Overturning The Administrative Decision.
June 10, 2010	Chief Who Declined To Promote Firefighters Based On Subjective Reasons, Such As Negative Attitudes And Resistance To Change, Did Not Engage In Race Discrimination.
June 10, 2010	University Did Not Unilaterally Change Its Leave Policies When It Required Employees to Provide Medical Documentation For Sick Leave And Rescinded Pre-Approved Vacation Leave During Union Strike.
June 10, 2010	Stand Alone Unit Of Substitute Teachers That Had No Option For Alternative Representation Allowed Under EERA.
June 10, 2010	Department of Labor Announces New Regulatory and Enforcement Strategy Which May Require Employers to Self-Audit Their Compliance with Wage and Hour Law, Report Findings to Employees and Provide Employees With Overtime Exemption Analyses.
June 10, 2010	Fair Labor Standards Act Amended to Include Lactation Rest Breaks for Mothers.
June 10, 2010	Teacher Suffered Adverse Tangible Employment Action Where Supervisor Failed to Timely or Accurately Evaluate Her Performance Which Resulted in Her Denial of Tenure.
June 10, 2010	California Supreme Court to Decide Whether Mixed-Motive Defense Applies to Fair Employment and Housing Act Claims.
June 10, 2010	Court Grants Summary Judgment on Claims for Sexual Orientation Harassment, Discrimination, and Retaliation.
June 10, 2010	Employee Who Only Received A Partial Attorney's Fees Award In An EEOC Administrative Proceeding Could File Title VII Claim Exclusively For Attorney's Fees.
June 10, 2010	Providing Dental Benefits At A Lower Cost To Non-Union Members In The Unit May Be A Basis For An Interference Claim, But Not A Discrimination Claim Because The Union Members' Benefits Were Not Reduced.
June 10, 2010	City Successfully Defeats Union's Attempt To Block Furloughs.
June 10, 2010	Court Properly Vacated Arbitration Award Where Arbitrator's Error Deprived Employee Of A Hearing On An Unwaivable FEHA Employment Claim.
May 10, 2010	County's Unilateral Implementation of Changes Which Were Reasonably Contemplated In Its Last, Best and Final Offer, Although Not Identical, Did Not Violate the Meyers-Milias-Brown Act.
May 10, 2010	Press Release Held To Constitute a Prohibited Bypassing Of The Exclusive Representative.
May 10, 2010	Under the Collective Bargaining Agreement, University Was Prohibited From Unilaterally Transferring a Major Portion of the Job Duties of a Bargaining Unit Position to a Non-Unit Position.
May 10, 2010	City Officials Entitled To Qualified Immunity on Employees' Claim That Recording of All Phone Calls on City Phone Lines Violated Their Constitutional Rights.
May 10, 2010	Disciplinary Termination of Police Chief for Drinking and Driving While Off-Duty Was Not Unlawful Disability Discrimination.
May 10, 2010	The Fair Employment and Housing Commission Publishes Proposed Regulations Regarding Pregnancy Disability Leave.
May 10, 2010	The California Supreme Court to Decide When a Whistleblower Retaliation Complaint Is "Satisfactorily Addressed" Under the California Whistleblower Protection Act.
May 10, 2010	Employers May Not Use Information from "Megan's Law" Website As a Basis for Not Hiring Applicant.
May 10, 2010	University Students Were Not Required To Provide Notice Of Alleged Violation And An Opportunity To Cure Before Filing Title IX Claim Challenging Elimination Of Women’s Athletic Opportunities.
May 10, 2010	High School May Not Restrict Student From Wearing T-Shirt Expressing "Be Happy, Not Gay" Without Showing Reasonable Forecast That The T-Shirt Will Cause Substantial Disruption To Education.
May 10, 2010	Elementary School Teacher Determined Unfit To Teach After Third DUI Conviction.
May 10, 2010	Administrator Is Not Entitled To Qualified Immunity For Prior Restraint Claim Based On Administrator's Directive For Teachers To Not Discuss School Matters.
May 10, 2010	Assistant School Superintendent's Testimony At Disciplinary Hearing Constitutes Protected Speech For Retaliation Claim.
April 10, 2010	County Defeats Former Employee's Sexual Harassment And Discrimination Claims After Employee Was Terminated For Misconduct.
April 10, 2010	County Did Not Discriminate Against Female Employee When It Promoted A Better Qualified Male Candidate.
April 10, 2010	EEOC Publishes New Proposed Age Discrimination In Employment Act Regulations On Employer Affirmative Defense.
April 10, 2010	District Was Required To Bargain Regarding Transfer Of Unit Work And Changes In Negotiable Past Practices, But Not The Assignment Of Work Contemplated In The Job Description.
April 10, 2010	Under A "Maintenance Of Membership" Provision, Union Members Can Withdraw From Membership After Collective Bargaining Agreement Expires And Before Successor Agreement Is Reached.
April 10, 2010	Teacher's Complaint Regarding The Reduction In His Own Workload Was Not Protected Activity Because Individual Complaints Are Protected Only When They Are A Continuation Of A Group Activity.
April 10, 2010	Arbitrator Did Not Exceed His Authority When He Ordered Agency To Reinstate Laid Off Employee In A Different Position In Contravention Of The Layoff Provisions In The Collective Bargaining Agreement.
April 10, 2010	Arbitration Provision Requiring The Arbitrator To Render An Award In Accordance With California Law Does Not Evidence An Agreement For An Expanded Scope Of Judicial Review.
April 10, 2010	Where Contract With Teacher To Also Serve As A Coach Required Him To Complete Season To Receive His Full Coaching Supplement, School's Failure To Pay The Supplement During The Time He Was On Leave Was Not Unlawful.
April 10, 2010	Employer May Be Liable For Death Caused By Employee's Driving While In The Course Of His Daily Commute Where The Employee Occasionally Made His Car Available For Performing Work Related Activities.
April 10, 2010	Company Can Be Liable For Damages Caused By Employee's Driving Under Both The Theory Of Vicarious Liability And The Theory Of Negligent Hiring And Retention Of The Employee.
April 10, 2010	COBRA Premium Reduction Extended, Again, to March 31, 2010.
April 10, 2010	COBRA Premium Subsidy Extended to May 31, 2010.
April 10, 2010	Field Trip Immunity Is Not Limited To The Student's Home District, But Covers Any School District That Is A Significant Participant In Conducting A Field Trip.
April 10, 2010	School District Has An Affirmative Duty to Protect Students Participating In Voluntary After School Program.
April 10, 2010	Parent Must Exhaust IDEA Administrative Remedies Before Bringing Claims Regarding Inappropriate Use Of "Safe Room" for Student, as Claims Could Have Been Addressed Through The IDEA Administrative Process.
April 10, 2010	Speech Language Pathologist Who Filed A Complaint With The State And Subsequently Had Her Caseload And Pay Reduced Stated A Claim For Retaliation.
April 10, 2010	School District's Refusal To Allow Employee To Speak In Open Session About Personal Grievance Did Not Infringe On Employee's Right To Free Speech.
March 15, 2010	Union's Unfair Practice Charge Was Untimely Where It Was Filed More Than Six Months After the University Implemented the Policy Change at Issue.
March 10, 2010	Pledge Of Allegiance, Including Words "One Nation Under God," As Voluntarily Recited By Public School Children, Does Not Violate The Establishment Clause Of The First Amendment.
March 10, 2010	Comments Posted By Student On Another Student's Website Did Not Affect A Matter Of Public Interest And Were Not Protected Statements.
March 10, 2010	Private Right Of Action Exists For School District's Failure To Offer Special Education Services, Even Where Not Requested By Parent.
March 10, 2010	Classified Employees Not Entitled To Pay For Teachers' Staff Development, Student Free Days Not Worked By The Classified Employees.
March 10, 2010	Pre-Impasse "Unfair Practice" Strikes, As Distinguished From Negotiation Impasse Strikes, May Be Lawful.
March 10, 2010	County's Negotiation Proposal That Unions Agree Not To Support A Ballot Initiative Calling For Binding Interest Arbitration Was Lawful.
March 10, 2010	Employee's Retaliation Claim Fails Because She Failed To Show That The District Treated Her Differently From Other Employees.
March 10, 2010	Parties May Not Relitigate Matters Considered In Arbitration.
March 10, 2010	U.S. Supreme Court To Decide Whether Disparate Impact Discrimination Claims, Based On An Employment Test, Must Be Filed Within The 300 Day Limitation Period From The Time The Test Was Adopted, Or From Each Time The Test Was Used.
March 10, 2010	Employee Transferred to a Position With Fewer Subordinates, But Equal Pay and More Visibility Did Not Suffer an Adverse Employment Action.
March 10, 2010	Court Remands for Re-trial Jury Award for Pregnancy Discrimination Because of Trial Court's Erroneous Mixed-Motive Jury Instruction.
March 10, 2010	City Retirement Board Members, Who Are City Employees, And Who Voted On A Resolution That Would Grant Them Better Retirement Benefits, Did Not Violate Conflicts Of Interest Law.
March 10, 2010	California Supreme Court Holds That Company's "Sickness Absence" Policy Which Gave Employees an Ongoing Up to Five Paid Sick Days Whenever the Employee Became Ill Was Not Subject to the Kin Care Leave Law.
March 10, 2010	Officer In Charge of Firing Range Who Complained About Environmental Contamination Spoke as an Employee, And Not as a Public Citizen.
March 10, 2010	Teacher Who Filed a Grievance Because Administrator Did Not Discipline Student Did Not Engage in Protected Speech.
March 10, 2010	Monetary Settlement for Discrimination Plaintiff's Emotional Distress Was Taxable as Income.
February 10, 2010	California State Auditor Finds Community Colleges and Other Institutions Need To Improve Compliance With Clery Act Crime Disclosure Requirements.
February 10, 2010	District Cannot Punish Student for Off Campus Creation of Fake MySpace Profile of School Principal.
February 10, 2010	Parents Awarded Attorneys Fees When ALJ Finds That District's Eligibility Determination Was Incorrect Even Though The Student Was Not Denied FAPE.
February 10, 2010	Proposition 83 Which Prohibits Registered Sex Offenders from Residing Within 2000 Feet of A Public or Private School Does Not Violate Prohibition on Retroactive Criminal Laws.
February 10, 2010	Committee Established Through Collective Bargaining And Implemented By Governing Board, Was Not Subject To The Ralph M. Brown Act.
February 1, 2010	Employee's Whistleblower Complaint Based On Hearsay Which Is Later Found To Be False Can Still Be Found To Be A Protected Good Faith Disclosure.
February 1, 2010	Compensatory And Punitive Damages Are Not Available For Retaliation Claims Brought Under The Americans With Disabilities Act.
February 1, 2010	Employee With Limited Ability To Speak Continuously For Extended Periods While Under Stress Could Not Allege A Disability Under The Americans With Disability Act.
February 1, 2010	Agency's Reliance On A Grievance Settlement Agreement Was A Legitimate, Nondiscriminatory Reason To Refuse To Promote Disabled Employee.
February 1, 2010	Where Employer's Investigations Of Employee's Misconduct Were Well-Grounded, The Investigations And Resulting Action Were Not Adverse Employment Actions Or Retaliatory.
February 1, 2010	Department Of Labor Publishes New Information Regarding Amended ARRA Provisions Extending COBRA Subsidy.
February 1, 2010	Where Employer's Finances Were Uncertain, Negotiators Did Not Engage In Bad Faith Bargaining Where They Agreed to Non-Economic Issues, But Did Not Present Or Respond To Any Economic Proposals.
February 1, 2010	State Mediation And Conciliation Service To Begin Charging For Election Supervision, Arbitration, Training And Facilitation Services.
February 1, 2010	Arbitrator’s Erroneous Ruling Upheld Under Courts’ Deferential Standard Of Review Of Labor Arbitration Decisions.
January 10, 2010	U.S. Supreme Court To Consider Employee's Privacy Rights Over Text Messages On Employer-Provided Pager.
January 10, 2010	Ninth Circuit Awards Federal Employees Back Pay Where Employees' Same Sex Spouses Were Denied Health Benefits Notwithstanding The Prohibition Of The Federal Defense Of Marriage Act.
January 10, 2010	Black Employee Could Be Similarly Situated To White Employees Even Though Procedurally He Fell Under A Different Compensation Category.
January 10, 2010	As Under The Americans With Disabilities Act, Independent Contractors Can Assert Employment Disability Discrimination Claims Under The Rehabilitation Act.
January 10, 2010	California Supreme Court Holds That The Same Evidence Can Support Claims for Both Harassment and Discrimination.
January 10, 2010	Supervisor's Sporadic References To Employee's Attractive Appearance Are Insufficient To Support Harassment Claim; Retaliation Claim Fails Where Decisionmakers Were Unaware of Complaint.
January 10, 2010	Union Had To Expressly Notify Agency Of Its Refusal To Negotiate Regarding Non-Mandatory Subjects Of Bargaining Before It Could State A Claim Against Agency For Conditional Bargaining.
January 10, 2010	Employer's Rejection Of Probationary Employee Was Based On Poor Job Performance Rather Than Retaliation.
January 10, 2010	COBRA Premium Reduction Extended Through February 2010.
January 10, 2010	Employee Warned About Her Negative Job Performance Prior To Her Medical Leave Could Not Establish Claim For Retaliation.
January 10, 2010	Occupational Safety And Health Administration Creates H1N1 Flu Safety Website And Publishes Fact Sheets For Employers And Workers.
January 10, 2010	A Client's Privilege Not To Disclose Communications Had With The Client's Attorney Is Absolute.
January 10, 2010	Statutory Maximum Cash Settlement For Termination Of Employment Contract Includes Potential Non-Contractual Claims And Board's Closed Session Mediation With Potential Litigant And Mediator Violated The Brown Act.
January 10, 2010	Arizona Charter School is Not a State Actor for Purposes of a Claim Under Section 1983.
January 10, 2010	ALJ Has No Jurisdiction Over IDEA Due Process Complaint Where Complaint Is Filed After Student Withdrew From the Defendant District Prior to Filing Complaint.
January 10, 2010	Student Was Not Entitled To Attorney's Fees for IDEA Complaint Because Student Was Not Substantially Justified in Rejecting District's Settlement Offer at Resolution Meeting.
January 10, 2010	One Employer's Failure To Report A Dangerous Condition At Multi-Employer Worksite May Be Breach Of Duty To Other Employers' Workers.
December 10, 2009	In Three Agencies CalPERS Reverses Decisions To Reduce Retiree Benefits
December 10, 2009	Harassment That Stopped As A Result Of Employer Action, And Subsequently Resumed, Did Not Constitute A Continuing Violation Bringing It Within The 180 Day Limitations Period.
December 10, 2009	Black Firefighter Sues City Of New Haven Claiming That Lieutenant Promotion Exam Had A Disparate Impact.
December 10, 2009	Employee Could Not Claim Failure To Accommodate For Period Prior To The Time She Advised The Employer Of The Specific Accommodation She Needed.
December 10, 2009	Court Remands For Retrial Jury Award For Pregnancy Discrimination Because Of Trial Court's Erroneous Mixed-Motive Jury Instruction.
December 10, 2009	Supervisor's Outrageous Sexual Harassment Constituted Constructive Discharge Of Female Employee, And Entitled Her To Damages.
December 10, 2009	Employers Must Post The EEOC's New Workplace Poster Which Complies With The Requirements Of The New Genetic Information Nondiscrimination Act And ADA Amendments Act.
December 10, 2009	Department Of Labor Publishes Frequently Asked Questions Regarding Pandemic Flu And Its Interactions With The Fair Labor Standards Act And The Family And Medical Leave Act.
December 10, 2009	Employee Who Retired Was Not Constructively Discharged Where School Officials Made Isolated Comments Suggesting That He Retire Early Due To His Health Problems
December 10, 2009	College Administrator Publicly Terminated For Dishonesty Was Entitled To Post-Termination Name-Clearing Hearing.
December 10, 2009	U.S. Supreme Court Precedent Establishing The Boundaries Of Public Employee Free Speech Rights Under The U.S. Constitution Apply Equally To Those Rights Under The California Constitution.
December 10, 2009	First Amendment Does Not Protect Member Of The Public Ejected From City Council Meeting Whose Speech And Conduct Was Disruptive.
December 1, 2009	Where Residential Placement is Not Necessary to Meet Student's Educational Needs, District is Not Required to Reimburse for Costs of Placement.
December 1, 2009	Where Parents Did Not Complain Regarding Individualized Educational Program and Failed to Provide Proper Notice of Objections to Their Son's IEP, School District Was Not Required to Provide Reimbursement for Private School Tuition for Residential Placement.
December 1, 2009	Two Hour Interview of Student By Social Worker and Sheriff Deputy on School Grounds Regarding Suspected Child Abuse Violated Student's Fourth Amendment Right to Be Free from Unreasonable Search and Seizure, but Officials Were Entitled to Qualified Immunity.
December 1, 2009	School District Policy Prohibiting Literature Distribution During Class Time and During Lunch Period Did Not Violate Students' First Amendment Right to Free Speech.
December 1, 2009	District Did Not Violate the Educational Employment Relations Act By Prohibiting Union From Distributing Political Endorsements in District Mailboxes.
November 10, 2009	Under Educational Employment Relations Act, The Six-Month Statute Of Limitations May Be Tolled Under A Statutory Or Equitable Theory Under Narrowly Prescribed Circumstances.
November 10, 2009	Employee Required To Pay Portion Of Employer's Legal Fees Where He Failed To Abandon His Legal Claims Which He Knew Were Without Merit.
November 10, 2009	Teacher Who Complained About Employer's Failure to Provide Adequate Services on Behalf of Students With Disabilities Had Standing to Bring Claim under the ADA and Section 504 of the Rehabilitation Act.
November 10, 2009	Court Finds that Section 504 Claims are Subject to the IDEA's Two Year Statute of Limitations, Rather Than a State's Personal Injury Statute.
November 10, 2009	Employer Who Required Employee To Submit To Physical Capacity Evaluation As A Condition Of Reinstatement After Medical Leave Violated The ADA, Unless It Was Job Related And Consistent With Business Necessity.
November 10, 2009	Employer Found Liable For Failure To Accommodate Employee's Disability On Single Occasion, Notwithstanding A Series Of Successful Accommodations.
November 10, 2009	EEOC Publishes Proposed ADA Regulations to Conform with the ADA Amendment Act of 2008.
November 10, 2009	Under the Lily Ledbetter Act, Female Employee Could State A Viable Equal Pay Claim.
November 10, 2009	Manager Demoted Because Her Department Staff Was In Open Revolt Against Her Based On Her Poor Supervision Could Not Establish Race Discrimination Or Retaliation Claims.
November 10, 2009	Court Awards Summary Judgment To School District In Case Involving Three Employees Claiming Race Discrimination and Retaliation.
November 10, 2009	Trial Court Failed To Properly Interpret Facts In Favor Of Plaintiff Employee On Employer's Motion For Summary Judgment In Race Harassment And Discrimination Case.
November 10, 2009	Employee Subjected To Persistent Harassment Could Take Case To Trial.
November 10, 2009	Interim Rules Implementing The Genetic Information Nondiscrimination Act Published.
November 10, 2009	White School Administrator Could Take Her Challenge of District's Affirmative Action Policies to Trial.
November 10, 2009	Employees Must Affirmatively Request Union Representation In Order To Invoke Their Rights To Representation At An Investigatory Interview.
November 10, 2009	Actual But Not Punitive Damages Are Appropriate For Union's Untimely Agency Fee Notices.
November 10, 2009	Exclusionary Rule Is Not Generally Applicable To Administrative Hearings.
November 10, 2009	Speaker's Motive Is Not Dispositive In Determining Whether Speech Is On a Matter of Public Concern.
November 10, 2009	2008 Statutory Revision Providing for No Statute of Limitations for Claims Under the Uniformed Services Employment and Reemployment Rights Act Is Not Retroactive So As To Revive Previously Barred Claim.
November 10, 2009	Employer Liable For Injuries to Pedestrians Resulting From Employee's Car Accident Which Occurred While Employee Was Returning Home From A Business Trip.
November 10, 2009	Employer Is Not Liable for Employee's Injuries Sustained While Traveling to Medical Appointment for Her Industrial Injury From Outside a Reasonable Geographic Area.
October 10, 2009	Union's Failure to Request Negotiations After District Advised Union of Proposed Policy Waived Union's Right to Negotiate Over the Policy After It Was Implemented.
October 10, 2009	A Challenge to Arbitrability Based on a Charge that the Agreement's Arbitration Provision is Unconscionable Is for the Court, and Not the Arbitrator, to Decide.
October 10, 2009	Female Pilot Denied Retraining Opportunities Given to Male Pilots Established a Prima Facie Sex Discrimination Case.
October 10, 2009	Court of Appeal Upholds Jury Verdict Where Evidence Adequate to Support Jury's Conclusion.
October 10, 2009	Polish Teacher Could Take Her National Origin Discrimination Case To Trial Where School Administrator Had Made Disparaging Comments About Polish People.
October 10, 2009	In Upholding Employer's Motion for Summary Judgment, D.C. Circuit Court of Appeals Finds That ADA Amendments Were Not Retroactive.
October 10, 2009	Public Officials Who Engaged in Plan to Replace White Managers With African-American Managers Were Not Entitled to Qualified Immunity.
October 10, 2009	Managers Who Transferred Employee After He Testified In Favor of an Inmate at a Parole Hearing Did Not Violate a Clearly Established Employee Right.
October 10, 2009	The FMLA Prohibits Employers From Considering Employee's Use of Protected Leave When Making an Employment Decision.
October 10, 2009	Employee Who Was Ineligible for Leave Under the FMLA But Claimed that the Employer Told Her She Could Take the Leave, Could Not Assert a Claim for Retaliation After She Was Terminated.
October 10, 2009	Administrative Law Judge's Proposed Decision Is Adopted Where Agency Failed to Order Transcript Within 100 Days of Rejecting Decision.
October 10, 2009	Employee Fired After Reporting Alleged Corruption States a Claim for First Amendment Retaliation.
October 10, 2009	Employee's Due Process Rights Were Not Violated Where The Same Official Who Was Involved in Proposing the Termination Presided Over The Employee's Administrative Appeal.
October 10, 2009	Appeals Court Reverses Trial Court's Denial of Employee's Petition to Set Aside Employee's Written Reprimand Because the Trial Court Had Not Exercised Its Independent Judgment in Reviewing the Evidence.
October 10, 2009	Employer Had No Duty to Reemploy Employee Where Employee Failed to Request Reemployment Within Ninety Days After Completing His Military Service.
October 10, 2009	Employee Who Emailed Company Documents To His Personal Computer Did Not Access the Company's Computers In Violation of Law.
October 10, 2009	Governor Signs SB 19, Removing Prohibition on Use of State Data on Student and Teacher Progress for Purposes of Pay, Promotion, Sanction, Personnel Evaluation or Other Employment Decisions.
October 10, 2009	Court of Appeals Holds That School District Could Terminate Certificated Employee for Failure to Obtain English Learner Certification.
October 10, 2009	California Department of Education Publishes Draft Pandemic Influenza Manual.
October 10, 2009	High Court Declines to Hear Two Cases on Student Freedom of Speech.
October 10, 2009	Circuit Court Upholds School District Dress Code Banning Shirts Containing Printed Messages.
September 10, 2009	Arbitrator is Authorized to Decide Whether Provision of Collective Bargaining Agreement Violates Provision of Charter Schools Act.
September 10, 2009	Employer's Disparaging Remarks About Employee Do Not Constitute an Adverse Action in the Absence of Facts Showing an Impact on the Employee's Employment.
September 10, 2009	PERB Finds that District Would Have Terminated Employee for Failure To Report to Work For Several Months Regardless of Union Activity.
September 10, 2009	District Does Not Violate Student's Civil Rights By Refusing to Allow Religious Song to Be Performed at Graduation.
September 10, 2009	In Eminent Domain Action to Acquire Real Property, School District Must Compensate Month-to-Month Tenant, Without a Written Lease, For Loss of Goodwill.
September 10, 2009	Public Agency Must Pay Attorney's Fees to Parties Successfully Challenging the Agency's Determinations Made Pursuant to the California Environmental Quality Act.
September 10, 2009	School District's Proposed Mitigation Measures to Reduce Exposure to Hazardous Emissions in Final Environmental Impact Report for School Construction Project are Supported by Substantial Evidence.
September 10, 2009	Employer's Unilateral Implementation of Pay Raises Before Bargaining Was Completed Was Unlawful.
September 10, 2009	City Required to Meet and Confer Regarding Policy Change Where the Memorandum of Understanding Did Not Demonstrate the Union's Clear Waiver.
September 10, 2009	Employee Did Not Establish Retaliation Based On Employer's Threatened Reorganization Because There Was No Nexus Between the Protected Activity And Any Adverse Action.
September 10, 2009	Department of Labor Publishes FAQs Regarding Furloughs and Other Reduction in Pay Issues.
September 10, 2009	Individual Officers and Managers Can Be Liable for Unpaid Wages under the Fair Labor Standards Act.
September 10, 2009	Employer Who Laid Off Pregnant Employee And Later Hired People With Less Experience Rather Than Re-Hiring the Employee Was Liable for Pregnancy Discrimination.
September 10, 2009	Female Employees Who Were Laid Off Before Male Employees Based on Unsupported Low Performance Scores Could Take Their Sex Discrimination Case to Trial.
September 10, 2009	School Administrator Transferred to Teaching Position Was Not Regarded as Having a Disability Because the Two Positions Are in the Same Class of Jobs.
September 10, 2009	Employee Who Threatened to Kill Co-Workers Could Not State a Disability Discrimination Claim, Even if County Considered Him to Be Disabled, Because Employer Had Legitimate, Nondiscriminatory Reason for Terminating His Employment.
September 10, 2009	Employee Who Waited Approximately One Year Before Reporting Sexual Harassment Could Not Survive Summary Judgment Because a Reasonable Person Would Have Complained Sooner.
September 10, 2009	Employee's Claim that County Violated State and Local Law By Its Negligent Investigation of His Grievances Asserting He Was the Victim of Workplace Harassment Denied.
September 10, 2009	Employees Can Have Actionable Invasion of Privacy Claims Where Employer Has Surveillance Cameras In Their Office Even When Their Images Are Not Recorded.
September 10, 2009	Confidentiality Provision in Severance Agreement Was Not Void As Against Public Policy Where Employer Had No Duty to Disclose Circumstances Underlying the Agreement.
September 10, 2009	Police Officer Who Assisted the FBI In a Corruption Investigation Involving the Police Department, And Who Testified Thereon Before the Grand Jury, Did Not Engage in Protected First Amendment Activity.
September 10, 2009	Court Upholds Jury Verdict that School Wrongfully Terminated Employee Where Employee Refused to Violate Regulation Governing Student-Teacher Ratio, but Reverses Jury Award of Punitive Damages.
September 10, 2009	Personnel Board Upholds Termination of Employee Who Was Derelict In His Duties Despite Expert Testimony that Employee's Medications Caused His Conduct.
September 10, 2009	States Address Pension Funding Crisis.
September 10, 2009	CalPERS to Modify Rate-Setting Formula.
September 10, 2009	CalPERS Offices to Be Closed to the Public the First Three Fridays of Each Month.
September 10, 2009	Federal Officials Urge Employers to Encourage Healthy and Sanitary Practices In Connection with the H1N1 Flu.
August 10, 2009	U.S. Supreme Court Rules That Employer Who Feared Disparate Impact Liability Could Not Discard Job-Related Promotional Tests Even Though The Results Disproportionately Favored White Applicants.
August 10, 2009	Employer Who Terminated Employee After Her Pregnancy Disability Leave For Breastfeeding Her Infant During Her Break Time Violated The Fair Employment And Housing Act.
August 10, 2009	Professor Could Not Show That Her Denial of Tenure Was Discriminatory Where She Had No Evidence That Upper Levels of Review And Decision Maker Discriminated.
August 10, 2009	Discontinuance Of A Retiree Health Insurance Subsidy For Current Employees Is A Mandatory Subject Of Bargaining.
August 10, 2009	Management Email To Unit Employees Disputing The Union Representative's Report To The Employees Regarding Negotiations Did Not Constitute An Unfair Labor Practice.
August 10, 2009	Union Representatives Were Allowed to Speak to Employees During Non-Working Time in Non-Work Areas.
August 10, 2009	Ninth Circuit Asks Oregon Supreme Court To Determine If Local Public Employers Are Required Under Statute To Provide Health Care Benefits To Retirees.
August 10, 2009	City's Work Schedule Policy Change Which No Longer Gave Military Members Preferential Treatment Did Not Violate Their Rights Under The Uniformed Services Employment And Reemployment Rights Act.
August 10, 2009	Police Officers' Grievance Regarding Supervisor's Bullying Management Style Did Not Address a Matter of Public Concern.
August 10, 2009	New Regulations Regarding Gifts Of Event Tickets To Public Officials Published, And Requires Agencies To Adopt Written Policies Regarding The Distribution Of Tickets To Its Officials.
August 10, 2009	An Individual May Run for Election for Two Legislative Bodies If Only One of the Two Offices Could Exist After the Election.
August 10, 2009	Probationary Certificated Employee Entitled to 90-Day Written Notice of Deficiencies and An Opportunity to Correct Prior to Mid-Year Dismissal.
August 10, 2009	Court Invalidates "Last Chance Agreement" Between Community College District and Faculty Member.
August 10, 2009	Education Code section 7054 Prohibits Union Use of School Mailboxes for Literature Endorsing Political Candidates.
July 10, 2009	Retiree Health Benefits For Current Employees, As Well As Employer "Pick-Up" Of Employee Pension Contributions And Employer Deposits Into Employee "DROP" Accounts, Are Not Employee Vested Rights.
July 10, 2009	District Had the Right to Bar Union From Placing Literature Supporting Certain School Board Candidates in Employee Mailboxes.
July 10, 2009	The U.S. Supreme Court Decides That Under The Age Discrimination In Employment Act, Plaintiffs Must Prove That Age Was The Cause Of The Adverse Action.
July 10, 2009	Employer's Failure To Conduct Harassment Investigation Of The Accused Employee, And Statement That Men Have The Propensity To Sexually Harass Women, Creates Inference Of Sex Discrimination.
July 10, 2009	EEOC Issues Technical Assistance Document To Help Employers Prepare for the H1N1 Virus Without Violating the Americans With Disabilities Act.
July 10, 2009	Employee Who Claimed That He Was Terminated Because His Fiancé, Also An Employee, Filed A Discrimination Complaint, Cannot State A Claim For Retaliation.
July 10, 2009	Qualified Immunity Was Not Available Where Employee Was Denied Promotion After Reporting Employee Misconduct.
July 10, 2009	Patronage Dismissal Doctrine Does Not Allow Employers to Terminate Employees Based on Personal Rather Than Political Loyalty.
July 10, 2009	Public Entities Are Exempt from the Labor Code Sections Regarding Paid Overtime, Meal Breaks, and Immediate Payment of Wages Upon Termination.
July 10, 2009	U.S. Supreme Court Holds that Strip Search of 13-Year Old Student was Unconstitutional.
July 10, 2009	U.S. Supreme Court Holds that IDEA Authorizes Reimbursement of Private Special Education Services for Child Who Did Not Previously Receive Special Education Services From a Public Agency.
July 10, 2009	Laid Off Certificated Employees Are Entitled to Preference for Substitute Service.
July 10, 2009	Reassignment to Seventh Grade Classroom from Twelfth Grade Classroom Did Not Constitute Adverse Employment Action for Purposes of Retaliation and Discrimination Claims.
July 10, 2009	To Assert a Legal Defense for Failure to Exhaust Judicial Remedies Against a Contractor in a Labor Compliance Dispute, a Public Agency Must Provide Quasi-Judicial Procedures to the Contractor.
July 10, 2009	California's Green Building Code, Now Voluntary, is Expected to Become Mandatory in 2010.
June 10, 2009	U.S. Supreme Court Holds That Employer's Pension Program, Which Treated Pregnancy Leave Less Favorably Than Disability Leave, Was A Bona Fide Plan Because The Differential Treatment Occurred Before the Pregnancy Disability Act Was Enacted And Was Therefore Lawful At the Time.
June 10, 2009	Evidence That Other Women Were Also Terminated After Revealing That They Were Pregnant Was Admissible in Former Employee's Pregnancy Discrimination Case.
June 10, 2009	Notwithstanding His Disability, Teacher Was Not Qualified For Position Because He Failed To Enroll In Required Master's Degree Program.
June 10, 2009	Employee Was Not Entitled To Union Representation During Investigatory Meetings Where The Employee Was The Complainant.
June 10, 2009	University Did Not Have To Bargain Over Location Of Parking Facilities Available To Employees Where Issue Was Never Previously Negotiated And University's Decision Did Not Limit The Number Of Parking Spaces Available To Employees.
June 10, 2009	IRS Publishes Questions And Answers Regarding Reimbursement Of COBRA Subsidy.
June 10, 2009	Where Employee's Notice Of Appeal To The Civil Service Commission Was Untimely Because Employee's Attorney Had Only Served The Department's Attorney With The Notice, the Employee Did Not Have Good Cause To Excuse The Untimely Appeal.
June 10, 2009	Where Employee Was Terminated For Cause, And Employer Subsequently Also Filed An Involuntary Disability Retirement Application For Employee, Employee Was Entitled To Disciplinary Appeal Hearing.
June 10, 2009	DOL Opines That If Employer's Usual Notice Requirements For Requesting Leave Are Consistent With What Is Practicable, Given The Particular Circumstances, The Employer's Notice Requirements Can Be Enforced Under The FMLA.
June 10, 2009	Property Owner Has Non-Delegable Duty To Maintain Facilities in Reasonably Safe Conditions.
June 10, 2009	School District's Undertaking to Provide Transportation to Students Included Supervising Students During the Boarding and Exiting of School Busses.
June 10, 2009	Appeals Court Finds that Amendments to Child Abuse and Neglect Reporting Act Did Not Abrogate Holding of Randi W.
June 10, 2009	California Supreme Court Declines to Grant Review of Court of Appeal Decision holding School District Integration Plan.
June 10, 2009	When Students Were Truant for the Purpose of Engaging in Expressive Conduct, Discipline of Students for Truancy Did Not Violate Students' First Amendment Rights.
June 10, 2009	Employee Required to File a Tort Claim with Public Employer Before Suing for Indemnification.
June 10, 2009	Park District May, Without Satisfying Conveyance Restrictions of Public Contract Code Sections 5540 and 5565, Convey to Community College District Land That Had Not Been "Actually Dedicated" for Use as Park or Open Spaces.
June 10, 2009	School District Not Immune From Statutory Liability for Its Attorney's Intentional Representation Made During A Condemnation Proceeding.
June 10, 2009	Appeal Pending on Proposition 39 Charter School Facilities Regulations.
May 10, 2009	The U.S. Supreme Court Enforces A Collectively Bargained Clause Requiring Arbitration Of Employment Discrimination Claims.
May 10, 2009	Arbitration Agreement Stating The Employee Agrees To Arbitrate All Claims And Disputes Was Not Substantively Unconscionable Because It Was Reciprocal.
May 10, 2009	Employer's Requirement That Courthouse Security Officer Pass Hearing Test Without A Hearing Aid Upheld.
May 10, 2009	Failing To Nominate An Employee For A Highly Coveted Award Was Not An Adverse Employment Action.
May 10, 2009	Employer Lawfully Terminated Employee Who Was On FMLA Leave And Failed To Comply With The Employer's Call-In Policy.
May 10, 2009	Legislative Body May Evaluate The Work Performance Of Its Executive Officer Who Is An Independent Contractor In Closed Session.
May 10, 2009	Employer Did Not Owe Customer A Duty Of Care For An Injury Inflicted By A Former Employee Even Though The Former Employee Met The Customer While Employed By The Employer.
May 10, 2009	Rarely Used Late Layoff Procedure May Be Available Based on Early Enacted 2009-2010 State Budget.
May 10, 2009	Superior Court Judge Issues Order Enjoining School District's Drug Testing Policy for Students Who Participate in Extra-Curricular Activities.
May 10, 2009	School District is Not Liable for Teacher's Harassing Conduct Where No Policymaker or Appropriate Person Had Knowledge of the Conduct.
May 10, 2009	Seek Work Order for CalWORKS Participant an Abuse of Discretion Where Order Subjects Recipient to Loss of Benefits.
May 10, 2009	Public Employment Relations Board, and Not an Arbitrator, Can Direct a Nonreelected Teacher's Reinstatement.
May 10, 2009	PERB Finds District Retaliated Against Employee for Protected Activity Where District Conducted Cursory Investigation Prior to Imposing Discipline.
May 10, 2009	PERB Finds Schedule Change and Failure to Provide Teaching Materials Do Not Constitute Adverse Actions.
May 10, 2009	Senate Bill SBx2-9 Substantially Changes Labor Compliance Program Requirements for School Districts, Community College Districts, and Other Local Agencies.
April 10, 2009	Department Of Labor And The Internal Revenue Service Publish Information And Guidance Regarding The COBRA Subsidy.
April 10, 2009	The Running Of The Six Month Statute Of Limitations Under The Educational Employment Relations Act, Not Being Jurisdictional, Is Subject To Being Equitably Tolled While Other Dispute Resolution Procedures Are Being Pursued.
April 10, 2009	Employer Satisfied Its Obligation To Meet And Confer Over Policy Changes Where Union Acknowledged The Changes And Did Not Request More Negotiation Meetings.
April 10, 2009	Former Employee Had No Standing to File an Unfair Practice Charge with PERB.
April 10, 2009	Arbitrator's Manifest Disregard Of Law Held A Valid Ground For Vacating A Provision Of An Arbitration Award.
April 10, 2009	City's Decision To Pay Employees A Bonus For Work Already Performed Did Not Have To Be Included In The Regular Rate Of Pay.
April 10, 2009	On-Call Time Held Not Compensable; When A Call-Out To A Customer Requires Traveling A Substantial Distance, Such Travel Time Is Compensable.
April 10, 2009	Employer Was Required To Pay Employees For Time Spent Taking Voluntary, Off-Duty Training Which Was Directly Related To Their Jobs.
April 10, 2009	Where City-Required Training Program Required Studying After Classes, The Study Time Constituted Hours Worked But The City Could Limit The Amount Of Study Time By Allowing A Realistic Amount Of Time Within The Normal Work Day.
April 10, 2009	Employer Was Not Required To Pay Employees For Attending A Voluntary, Off-Duty Training Class Required To Maintain State Certification.
April 10, 2009	Professor Was Entitled To A Public Name-Clearing Hearing After The University Publicly Linked Him To A Plagiarism Scandal.
April 10, 2009	Female Director Was Entitled To Equal Pay As Her Male Counterparts Under The Equal Pay Act.
April 10, 2009	Department Of Justice And Employer Reach Settlement Regarding Religious Accommodations For Employees And Job Applicants.
April 10, 2009	Employee Could Not Establish Whistleblower Retaliation Claim Where Alleged Adverse Action Occurred After He Retired.
April 10, 2009	Government's Interest In Maintaining The Integrity Of The Public Service Outweighed The Employee's Free Speech Rights Where Employee Disclosed Confidential Information Regarding An Ongoing Investigation.
April 10, 2009	Employee Had To Exhaust The Grievance Process, And, If Applicable, Pursue A Charge With The PERB, Before Filing Suit.
April 10, 2009	Employee Claiming Whistleblower Retaliation Did Not Have To Exhaust Internal Or Labor Code Administrative Remedies Before Filing Suit.
April 10, 2009	Part-time Teachers May Not Bump Full-Time Teachers in Certificated Layoff if District Establishes Need for Full-Time Position.
April 10, 2009	PERB Finds The "Continuing Violation" Doctrine Does Not Toll The Statute of Limitations for Filing a Charge When The Employer Maintains The Same Position Over Period of Time.
April 10, 2009	Continuing Violation Doctrine Upheld in Child Molestation Case Against School District.
April 10, 2009	School District's Program to Increase Diversity Does Not Violate Proposition 209.
April 10, 2009	Stay Put Order Applies During Pendency of Appeal.
April 10, 2009	Community College District's Internet Use Policy Containing Viewpoint Neutral Limits on Internet Use Does not Violate the Education Code.
April 10, 2009	Trial Court's Decision Upholding Proposition 39 Charter School Facilities Regulation Is Appealed.
April 10, 2009	Arbitration Decision Is Final Unless Parties Had Previously Agreed To Judicial Review.
April 10, 2009	An Unreasonable Refusal To Extend Escrow Breaches the Implied Covenant of Good Faith And Fair Dealing Of A Contract.
March 10, 2009	Employers Must Immediately Comply With The Federal Economic Stimulus Act Which Provides For A COBRA Subsidy For Employees Involuntarily Terminated.
March 10, 2009	A Local Union's Expenses for Non-Unit Litigation That is Funded by a National Union on Behalf of All Its Locals Through a Pooling Arrangement, Rather than Direct Contributions, Are Chargeable to the Local's Nonmembers.
March 10, 2009	District Did Not Engage in Bad Faith Bargaining When It Declared Impasse Where District Intended to Continue to Move Negotiations Forward.
March 10, 2009	The Age Discrimination in Employment Act Provides the Exclusive Remedies for Age Discrimination and Plaintiff Could Not File a Section 1983 Claim for Age Discrimination.
March 10, 2009	U.S. Supreme Court Holds That Title VII's Retaliation Provision Protects Employee Based On Her Answering Questions During An Employer's Internal Harassment Investigation.
March 10, 2009	Agency Attorney Who Previously Advised A Legislative Body Could Also Prosecute Before The Same Body In An Unrelated Case.
March 10, 2009	A Permanent Classified School District Employee Who Enters A Nolo Contendere Plea To A Misdemeanor Controlled Substance Offense May Not Be Automatically Terminated.
March 10, 2009	Decision to Nonreelect a Probationary Certificated Employee Is Not Subject to Arbitration Under a Collective Bargaining Agreement.
March 10, 2009	United States Supreme Court Holds that Idaho's Ban on Political Payroll Deductions by Unions, as Applied to Local Government Agencies, Does Not Infringe the Unions' First Amendment Rights.
March 10, 2009	Private Company That Began Providing Transportation Services To School District And Acquired Most Of The District's Transportation Employees Had To Recognize The Employees' Original Bargaining Agent.
March 10, 2009	Contracts Clause Requiring Claims to be Brought in the "Courts of Virginia" Held Unenforceable as Against California Residents.
March 10, 2009	Arbitration Award Vacated Because of Arbitrator’s Manifest Disregard of Law In Ruling to Enforce Non-Compete Covenant in Agreement.
March 10, 2009	Ten-Year Statute of Limitations for Latent Construction Defects Does Not
February 10, 2009	Employer Who Placed Employee in a Number of Temporary Positions Properly Engaged in the Interactive Process.
February 10, 2009	One Time Breach Of Memorandum Of Understanding Provision Prohibiting Union From Condoning Strike By Employees Does Not Constitute An Unfair Practice As A Unilateral Change In Policy.
February 10, 2009	Employer Did Not Impose A Unilateral Change When It Placed Employee On Unpaid Leave Where The Employer Could Not Accommodate The Employee's Disability.
February 10, 2009	Court Addresses Certificated Employee “Competency” And District’s "Special Needs" - Consent For Potential Alternative Education Program Assignments Should Be Sought Before Initial Layoff Notices Are Issued.
February 10, 2009	Critical Concepts in Administering a Certificated Layoff.
February 10, 2009	Taxpayers Can Sue Public Agencies For Alleged Unlawful Policies Concerning Access To Public Records Without Showing Damages Or Actual Violations Of The Public Records Act.
February 10, 2009	Attorney General Determines That A School District May Grant A Transfer Request Of A Teacher Who Is Married To A School Board Member Where The Board Member Has Held Office For Over A Year, The Transfer Is "Lateral," And The Teacher's Salary Will Not Change.
February 10, 2009	Court Holds that School District Not Entitled to Reimbursement for Unfunded State Mandates to Pay Costs of Mental Health Services for Special Education Students.
February 10, 2009	School Districts, Without Voter Approval, May Not Issue Refunding General Obligation Bonds Except To Refinance Existing Outstanding General Obligation Bond Indebtedness.
February 10, 2009	School District And County May Enter Into Joint Use Lease For District To Lease Baseball Field In Public Park For Use By District For Recreational Purposes During Non-School Hours.
February 10, 2009	The Ten-Year Statutes Of Limitations Period For Latent Construction Defects Do Not Apply To Breach Of Contract Causes Of Actions That Are Not Based On Such Defects.
February 10, 2009	Classified Employee's Differential Leave Cannot Run Concurrently with Vacation.
February 10, 2009	Employee May Allege a Violation of His First Amendment Rights Arising From Both His Own and His Attorney’s Statements to the Press on His Behalf.
February 10, 2009	United States Supreme Court Holds that Title IX Does Not Preclude an Individual from Bringing a Section 1983 Suit to Address Gender Discrimination in Schools.
February 10, 2009	Court Holds that a Reasonable Jury Could Find that a District Acted with Deliberate Indifference to Sexual Harassment Where Individual Harassers Ceased Harassment After Being Reprimanded, but Other Students Continued the Pattern of Harassment.
January 10, 2009	Employee Could Not Show That Employer Retaliated Against Him Because He Relied On Union Representation in Work Disputes.
January 10, 2009	Trial Court Erred in Not Admitting Into Evidence Affidavits From Other Female Employees About Sexual Harassment Incidents That Plaintiff Employee Did Not Witness.
January 10, 2009	Where Pattern of Verbal Harassment Stops, But Is Replaced By Interference With Work Activities, Such May Constitute a Continuing Violation And Trumps a Statute of Limitations Defense.
January 10, 2009	The IRS Lowers the Mileage Reimbursement Rate For 2009.
January 10, 2009	Where Employee Filed Wrongful Termination Action In Federal Court, and Federal Court Dismissed the Action Because It Should Have Been Filed In Sate Court, The State Statute of Limitations Is Tolled For 30 Days.
January 10, 2009	Verifying Seniority Dates: Basic Classification Principles.
January 10, 2009	Court of Appeal Holds That A Letter To Parents From The Unrepresented Teachers Of A Charter School Constituted Protected Union Activity.
January 10, 2009	Superior Court Holds That Foster Student is Eligible to Play High School Football.
January 10, 2009	Appeals Court Holds That School District Had a Duty to Protect a Special Education Student Assaulted on Campus.
January 10, 2009	Court Holds that NCLB Does Not Provide for Private Law Suits to Enforce Its Provisions.
January 10, 2009	Language on the Back of an Employment Application Stating that Marijuana Convictions Over Two Years Old Did Not Need to Be Disclosed Was Not Sufficiently Clear and Conspicuous Under California Law.
January 10, 2009	Federal Appeals Court Holds There Is A Triable Issue of Material Fact As To Whether School District's Decision to Contract with Religious Private School Violated the Establishment Clause.
January 10, 2009	Bid Threshold For Contracts For Goods And Non-Construction Services Increased To $76,000 For School Districts And Community College Districts.
January 10, 2009	Court Largely Upholds Amended Proposition 39 Regulations Governing Requests For Facilities By Charter Schools To School Districts.
December 10, 2008	Regular Rate of Pay Must Be Computed on a Workweek Basis, And May Not Be Averaged Over a Two-Week Pay Period.
December 10, 2008	Where Employee is Disciplined for Protected Union Activity, the Discipline Is Upheld Where the Employer Would Have Taken the Same Disciplinary Action Even If the Employee Had Not Engaged in the Protected Activity.
December 10, 2008	Absent Any Other Evidence of Discriminatory Intent, Counseling Memorandum Received Three Months After Employee Filed a Grievance Was Not In and Of Itself Sufficient to Establish the Necessary Nexus for a Retaliation Claim.
December 10, 2008	Even Though the Court Only Ordered One-Third of Requested Documents to Be Disclosed Under the Public Records Act, the Requesting Party Was Entitled to All of Her Attorney's Fees.
December 10, 2008	A Public Official Cannot Be Criminally Prosecuted for Aiding and Abetting a City Employee in Obtaining a Financially Profitable Contract With the City in Violation of Law.
December 10, 2008	Court Upholds Jury's Rejection of Returning Reservist's Claim That He Was Demoted Because of His Military Service.
December 10, 2008	Court Holds that Laid Off Classified Employee Has Reemployment Rights to Positions Outside the Class From Which He Was Laid Off.
December 10, 2008	Reminder: Academic and Certificated Lay Offs.
December 10, 2008	Ninth Circuit Court of Appeals Holds that California Child Abuse Central Index Does Not Provide Adequate Processes to Reduce the Risk of Error in Reporting Child Abuse Offenses.
December 10, 2008	Federal Departments of Education and Health and Human Services Issue Joint Guidance Regarding the Application of FERPA and HIPPA to Student Health.
December 10, 2008	California's Unruh Civil Rights Act and Disabled Persons Act Do Not Require Testing Accommodations For Reading-Related Disabilities.
December 10, 2008	Amendments to Public Meeting Law with Regard to Serial Meetings Become Effective January 1, 2009.
November 10, 2008	Under the California Arbitration Act, An Arbitration Agreement Which Broadens the Scope of Judicial Review Beyond The Authority By The Statute Is Enforceable.
November 10, 2008	Military Veteran Who Was Not Assigned to a Regular Shift Assignment When He Returned From Duty Was Entitled to Compensation for Loss of Benefit.
November 10, 2008	City Did Not Racially Discriminate Against Applicants When It Cancelled a Promotional Process Which Would Have Resulted in an Unlawful Disparate Impact.
November 10, 2008	Correctional Facility's Policy Requiring At Least One Correctional Officer of the Same Sex as the Juvenile Detainees Did Not Establish the Sex-Based Classification as a Bona Fide Occupational Qualification .
November 10, 2008	ADA Amendments Act of 2008 Broadens Protections of Disabled Under Federal Law.
November 10, 2008	Employee With Violent Drunken Outburst Who Was Recommended To Attend Inpatient Alcohol Treatment Program And Was Fired When He Refused To Attend Was Not Covered By The ADA As Being Regarded As An Alcoholic.
November 10, 2008	Employee Who Was Referred To As "Rainman" Numerous Times Because Of His Quirkiness, And Not Because Of His Later Discovered Autistic Disorder, Was Not Subject To Disability Harassment.
November 10, 2008	Assistant City Attorney Engaged in a Protected Activity When She Represented the City In EEOC Mediation Session in a Discrimination Case.
November 10, 2008	Evidentiary Disputes As To Whether Employee's Expression Relates To His Official Employment Duties Is A Question Of Fact, And Therefore Not Appropriate For Resolution By Summary Judgment.
November 10, 2008	University's Unpublished Letter Regarding Coach's Violations of Rules Did Not Infringe on Coach's Liberty Interest.
November 10, 2008	Personnel Commission Upholds City's Termination Of A Police Officer For Sexual Harassment.
November 10, 2008	While The City Manager Was The Final Decisionmaker, He Was Not The Final Policymaker With Respect To The Removal Of City Officials Like The Chief Of Police, And, Consequently, Municipal Liability Could Not Attach To His Decision.
November 10, 2008	CalPERS Investment Losses May Require Increased Employer Contributions.
November 10, 2008	Employee's Numerous Sick Days Did Not Put Employer on Notice that She was Suffering from a Serious Health Condition and Needed FMLA Leave.
November 10, 2008	California Superior Court Judge Rules that Only Nurses May Administer Insulin to Students in Public Schools.
November 10, 2008	State Chancellor System's Office Announces Availability Data Will Not be Utilized for Full-Time Faculty Hiring-Liebert Cassidy Whitmore to Assist with Title 5 Revisions.
November 10, 2008	California Supreme Court Agrees To Hear Brinker Restaurants Case While Court of Appeal Issues A Second Decision That Employers Are Not Required To Ensure That Meal And Rest Periods Are Taken.
November 10, 2008	California Court Finds Part-Time Adult Education Teachers Exempt from Overtime Requirements in the California Labor Code and Industrial Welfare Commission Wage Orders and Exempt from Proportional Pay Requirements of the Education Code.
November 10, 2008	Education Secretary Margaret Spellings Issues New Rules Regarding Monitoring of High School Dropout Rates.
November 10, 2008	Students Permitted to Wear Arm Bands to Protest School Uniform Policy.
November 10, 2008	Court Announces Liability Standard for Claims Relating to Student Peer Harassment.
November 10, 2008	Sacramento Superior Court Issues Temporary Injunction Enjoining the State Board of Education's Eighth Grade Algebra I Mandate.
November 10, 2008	County Did Not Have to Meet And Confer With Union About Policy Prohibiting Deputies from Meeting in Groups With Attorneys or Union Representatives Immediately After Deputy-Involved Shootings.
November 10, 2008	Language In A Collective Bargaining Agreement That States That A Provision Shall Remain In Effect For Its Term Did Not Constitute A Clear And Unmistakable Waiver Of A Contractual Right After The Termination Of The Contract.
November 10, 2008	Unions Appeal Bankruptcy Court's Decision That Concluded That The City Of Vallejo Had Filed For Bankruptcy In Good Faith.
November 3, 2008	Employee's Use of Employer's Internal Discrimination Complaint Procedure Allows Employee More Time to File DFEH Complaint Later
October 10, 2008	Union Cannot Reopen Bargaining Based on Mistake of Fact By District Bargaining Team.
October 10, 2008	Administrative Law Judge's Finding that District Failed to Bargain is Overturned Where District Board Informed Union That its Ratification of Tentative Agreement Was Only a Proposal Subject to Negotiations.
October 10, 2008	Employee Working in Practice Charge Was Untimely Where Union Should Have Known About Alleged Violation At Least One Year Before the Charge Was Filed.
October 10, 2008	Ninth Circuit Holds that Federal District Courts Lack Jurisdiction to Hear USERRA Claims Against States and that USERRA Does Not State a Cause of Action Against State Employee Supervisors.
October 10, 2008	The Ninth Circuit Holds that Citizen Does Not Have Standing To Challenge Evolution Content on University of California Website On Establishment Clause Grounds.
October 10, 2008	Court Finds that District's Provision of Twenty Minutes of Observation to Students' Psychotherapist Did Not Violate Procedural Requirements of IDEA.
October 10, 2008	Ninth Circuit Holds School District Failed to Provide FAPE to a Student By Referring Parents to Third Party Agency for Diagnosis of Autism.
October 10, 2008	Court of Appeal Says State Statute Which Exempts Certain Nonresident Students from Paying Non-Resident Tuition is Preempted by Federal Law.
October 10, 2008	A Board Of Supervisors Improperly Assumes Jurisdiction In Denying Approval Of A Contract To A Lowest Bidder Under A Request For Bids.
October 10, 2008	Public Entity Not Liable Under Government Code Section 835 Where No Dangerous Condition Is Present.
October 10, 2008	Employer Is Not Liable Under Retained Control Doctrine Where It Delegated Task To Provide A Safe Work Environment to Subcontractor.
October 10, 2008	Police Department Could Not Delay Re-Employment of Reservist Because It Suspected the Reservist Was Dishonest in His Return to Work Documentation.
October 10, 2008	Additional Pension and Tax Benefits Provided For Those On Active Military Duty.
October 10, 2008	California Supreme Court Grants Review to Decide Whether Company's "Sickness Absence" Policy Was Subject to the Kin Care Leave Law Even Though There Was No Periodic Accrual of Sick Leave.
October 10, 2008	Where Teachers' Union Could Not Demonstrate That District's Policy To Release Tests Would Result In Additional Work Hours, The District Was Not Required To Negotiate The Effects Of Its Decision.
October 10, 2008	University's Legitimate, Non-Discriminatory Reasons Could Not Rebut Inference, That But For Retaliation, The Employee Would Have Been Rehired.
October 10, 2008	Union's Unfair Practice Charge Was Untimely Where Union Should Have Known About Alleged Violation At Least One Year Before the Charge Was Filed.
October 10, 2008	Employee Could Not Count the Two Hours She Was Suspended or the Time She Spent Donning and Doffing Gloves, Shoes, and Work Shirt Toward the 1,250 Hour Requirement for Family and Medical Leave Eligibility.
October 10, 2008	Employee Who Failed To Plead Company Policy Requiring Her To Submit A Fitness-For-Duty Certificate Could Not State A Claim For An FMLA Violation When She Was Terminated.
October 10, 2008	City Could Offer Overtime on a Compensatory Time-Off Basis Only and Was Not Required to Offer Alternative Dates When It Denied Police Officers' Requests for Compensatory Time Off; But City Was Required to Count Meal Peiods As Time Worked.
October 10, 2008	Co-Worker's Knowledge of Alleged Harassment Was Not Imputed to Company in Title VII Harassment Case Where Co-Worker and Plaintiff Had Same Job Title.
October 10, 2008	Third Circuit Holds That A Plaintiff Cannot State a Claim for Mixed-Motive Title VII Discrimination Action If Plaintiff Fails to Meet a Necessary Objective Qualification for the Job: Denial of a Security Clearance.
October 10, 2008	First Circuit Court of Appeals Holds That Age Discrimination in Employment Act Does Not Provide for Compensatory Damages.
October 10, 2008	Police Officer's Sparse Evidence Could Not Show Custom or Practice of Discriminatory Bias.
October 10, 2008	Employee Could Use State Court Decisions' Finding that He Was "Regarded As" Disabled Against Employer in Federal Disability Discrimination Case.
October 10, 2008	Employee Should Have Been Given The Opportunity To Show That She Was Able To Perform Essential Job Functions.
October 10, 2008	EEOC Has Authority to Issue Administrative Subpoenas Even After It Issues a Right-to-Sue Letter and the Complainant Files a Private Action.
October 10, 2008	Employee's Work-Related Trial Testimony Held To Be Protected Speech.
October 10, 2008	Disabled Employee Who Was Terminated Before the End of the Six Month Qualifying Period Was Not Eligible to Receive Long Term Disability Benefits.
October 10, 2008	At-Will Employment Language in Contract Did Not Transform Independent Contractor into Employee.
October 10, 2008	Painter Who Misrepresented Himself as a Licensed Contractor Is Estopped from Asserting that His Unlicensed Status Makes Him an Employee.
October 10, 2008	In A FEHA Case, Court May In Its Discretion Award Expert Witness Fees For Non-Court Ordered Expert Testimony To The Prevailing Party.
September 10, 2008	California Supreme Court Holds That Public Entities Cannot Be Liable For Common Law Torts, Including The Tort Of Wrongful Termination In Violation Of Public Policy.
September 10, 2008	Employee Transferred To Position Slated For Elimination Was Entitled To Appeal The Decision.
September 10, 2008	Appeals Board's Tie-Vote On Disciplinary Appeal Constituted A Failure To Act And Not A Reversal Of The Discipline.
September 10, 2008	Disparate Impact Plaintiffs In Age Discrimination Case Could Discover Employment Information In The Possession Of Third Parties.
September 10, 2008	Rescue Employees' On Call Time Was Considered Compensable Time Where The Employees Were Frequently Called To Work Within A Short Response Time.
September 10, 2008	A Department Of Labor Opinion Letter Holds (1) Hours Worked During An Unpaid Meal Period, Contrary To Employer's Policy, Are Hours Worked; (2) Certain Specified Premium Pay May Be Credited Against FLSA Overtime Due; And (3) Some De Minimis Time Need Not Be Counted As Compensable Time.
September 10, 2008	District's Pay Schedule Which Requires One Pay Period Containing Three Workweeks, Instead Of The Usual Two, Does Not Violate The FLSA If The Employees Are Paid At Least Minimum Wage And Do Not Work Overtime.
September 10, 2008	Service Coordinators Who Assist Participants In Finding Plans For Medical, Social, And Education Services Held Not To Qualify For The Professional Exemption.
September 10, 2008	Department Of Labor Publishes Proposed FLSA "Clean-Up" Regulations.
September 10, 2008	Employee's Medical Form Showing That He Was Hospitalized For Several Days May Have Constituted A Request For Protected Leave, Imposing On The Employer The Burden Of Further Inquiry.
September 10, 2008	Upper Management's Approval Of Employee's Termination, Which Was Free Of Unlawful Motive, Does Not Preclude Employer Liability For Role In Decision By Biased Supervisor.
September 10, 2008	Statute Of Limitations Begins To Run When Individual Becomes Aware Of An Actual Injury, And Not When The Individual Becomes Aware That The Injury Constituted Illegal Discrimination.
September 10, 2008	On Rehearing, Ninth Circuit Holds That Physician's Allegations Of Three Incidents Of Race Discrimination Were Enough To Establish An Action For Hostile Work Environment.
September 10, 2008	Employee Removed From Her Full-Time Position After Younger Employees Were Given Better Positions States A Claim for Age Discrimination.
September 10, 2008	Employee With Knee Injury Who Rejects Employer's Offer To Transfer Him To A Comparable Position - But One That Qualified For A Lesser Bonus - Could Not Establish A Failure To Accommodate Claim.
September 10, 2008	Equal Employment Opportunity Commission Adopts A New Compliance Manual Section On Religious Discrimination.
September 10, 2008	Employer Did Not Waive Its Right To Arbitration Where The Employee Failed To Follow The Procedure Required Under The Employment Agreement.
September 10, 2008	Administrative Law Judge's Finding That Applicant And Doctor's Testimony Were Not Credible Upheld Where There Was Contradictory Evidence.
September 10, 2008	Public Officials Now Required To Report Receipt Of Any Gift Within 30 Days Of Use.
September 10, 2008	UC Was Not Discriminatory in Refusal to Count Certain Classes Toward Admission.
September 10, 2008	Court Reverses Ruling, Holds That Right To Home School Exists, But Can Be Limited By Interest in Child's Safety in the Home.
September 10, 2008	Termination, Emergency Filling of Position, and Failure to Rehire Employee Held to be Retaliation for Filing of Grievances and Unfair Labor Practice Charges.
July 10, 2008	California Supreme Court to Decide Whether Public Employment Relations Board or the Superior Court Has Jurisdiction Over Enjoining Strike Which Threatens Public Health And Safety.
July 10, 2008	School Board Could Not Vacate Arbitrator's Decision that Employee's Alleged Misconduct Was Not Serious Enough to Warrant Bypassing the Contractual Requirement of Progressive Discipline.
July 10, 2008	In a Disparate Impact Age Discrimination Claim - Based on an Employer's Action Having a Disproportionate Impact on Older Workers - the Employer Bears the Burden of Proving that Its Action Was Based on Factors Other than Age.
July 10, 2008	Kentucky's Disability Retirement Plan Based on Pension Status, and Not Motivated by Age, Did Not Violate the Age Discrimination in Employment Act.
July 10, 2008	A Disability Discrimination Plaintiff Who Could Not Perform Regular Daily Activities in Hot Weather Could Take His Case to Trial to Determine If His Disability Constituted a Substantial Limitation of a Major Life Activity.
July 10, 2008	Deaf Applicant Who Could Not Show That He Was Substantially More Qualified Than the Candidates Hired Could Not Take Disability Discrimination Case to Trial.
July 10, 2008	Although It Did Not Engage in the Interactive Process, Agency Did Not Discriminate Against Disabled Employee Where There Was No Reasonable Accommodation Available.
July 10, 2008	U.S. Supreme Court Holds That Section 1981 Encompasses Retaliation Claims.
July 10, 2008	Paramedics Not Required to Engage In Fire Suppression Activities Did Not Fall Under FLSA's Fire Protection Activities Exemption.
July 10, 2008	District Court Finds That Police Department Not Liable for Officer’s Unreported Overtime.
July 10, 2008	Public Agencies Have Broader Discretion in Their Capacity as Employers Than in Their Governing Capacity to Treat Similarly Situated Employees Differently.
July 10, 2008	Court Holds That Extensive Background Checks Of Low Risk Contract Employees May Constitute Violation Of Their Constitutional Privacy Rights.
July 10, 2008	Agency Did Not Have to Disclose Identities of Employees Involved in an Investigation Where the Public Interest in the Information Was Limited.
July 10, 2008	Company's "Sickness Absence" Policy Which Gave Employees an Ongoing Up to Five Paid Sick Days Whenever the Employee Became Ill Was Subject to the Kin Care Leave Law Even Though There Was No Accrual of Sick Leave Under the Policy.
July 10, 2008	Agency Can Require Employee to Reimburse for Training Costs, But Cannot Deduct Amount from Employee's Paycheck.
July 10, 2008	Receipt of No-Match Letters and Employees' Failure to Provide Evidence of Social Security Cards Did Not Give Employer Constructive Notice that It Was Employing Undocumented Workers.
July 10, 2008	Agency Could Not Discipline Employee for Fraud Where It Could Not Demonstrate the Claims Were False or that the Employee Had Fraudulent Intent.
July 10, 2008	Whether City Council Member May Simultaneously Serve as Director of Water District Is Appropriate Issue for Judicial Resolution.
July 10, 2008	Administrative Law Judge Upholds County's Decision that Fire Chief Who Could Not Perform Firefighting Duties Was Not Substantially Incapacitated from the Performance of His Usual Duties.
July 10, 2008	District Positions that Formulate Policy are Management Employees and are Properly Excluded from Proposed Bargaining Unit.
July 10, 2008	School Board Could Not Vacate Arbitrator's Decision that Employee's Alleged Misconduct Was Not Serious Enough to Warrant Bypassing the Contractual Requirement of Progressive Discipline.
July 10, 2008	Union Did Not Breach Its Duty of Fair Representation to Teacher.
July 10, 2008	District's Implementation of Compressed Salary Schedule Created Non-Uniform Treatment Among Teachers With Equal Levels of Training.
July 10, 2008	Completion Contract Entered Into After Default of First Contractor and Pursuant to the Emergency Exception to Bidding is Not a Continuation of Competitively Bid Original Contract and May be Subject to Rescission.
July 10, 2008	Supreme Court to Decide Whether Title IX is Exclusive Remedy for Sex Discrimination of Students.
July 10, 2008	Superior Court Rejects Challenge to State Charter School Decision.
June 10, 2008	California's First District Court Of Appeal - Contrary To The Sixth District - Holds That PERB Does Not Have Exclusive Jurisdiction Over Strikes Not Involving Unfair Practices.
June 10, 2008	PERB Will Not Interfere With Such Internal Union Activities As The Merger Of Locals Unless There Is A Substantial Impact On The Employer-Employee Relationship.
June 10, 2008	Where Union Member Is on a Full-Time Leave of Absence to Conduct Union Business, the Public Employer Does Not Have to Pay the Member's Salary for Time Spent Conducting Negotiations.
June 10, 2008	Chief Of Police Entitled To Absolute Immunity For His Witness Testimony At Disciplinary Arbitration Hearing.
June 10, 2008	Collective Bargaining Agreement's Provision Requiring an Employee to Partially Pay for Hearing Costs When He/She Uses a Privately Retained Attorney Rather than the Union to Appeal a Disciplinary Action Was Unconstitutional.
June 10, 2008	Time Spent for Workers' Compensation Doctor's Appointment Constitutes Hours Worked.
June 10, 2008	Employees Who Worked Occasional Overtime Were Not Entitled To Overtime Compensation Because Some Of The Overtime Was Not Authorized And Some Was Held To Be De Minimis.
June 10, 2008	Employer Who Terminated Employee For Repeated Deficiencies In His Medical Certifications Did Not Willfully Violate The FMLA.
June 10, 2008	Acting Principal Forced To Resign After Poorly Received Press Interview Is Not Successful In Seeking Injunctive Relief Based On Claim Of First Amendment Violation.
June 10, 2008	District Could Prohibit Football Coach From Silently Bowing His Head At The Team's Pre-Game Dinner Or Kneeling During His Team's Pre-Game Locker-Room Prayer Without Violating His Constitutional Rights.
June 10, 2008	California Supreme Court Overturns State Law Banning Same-Sex Marriage.
June 10, 2008	Denial of Lateral Transfer Can Be an Adverse Employment Action.
June 10, 2008	Interview Committee's Alteration of Scoring Resulted in Disparate Treatment of Black Candidate.
June 10, 2008	Employee With Poor Attendance Record Who Failed to Perform Her Job Duties Could Not Establish That She Was Qualified for Her Position to Support Her Disability Discrimination Case.
June 10, 2008	Employee Wrongfully Disciplined and Unfairly Criticized Was Constructively Discharged.
June 10, 2008	New Brown Act Public Record Distribution Requirements Effective July 1, 2008.
June 10, 2008	Board's Discussion Of Professor's Fitness For Duty Upon Return From A Leave Of Absence Was Proper Subject For Closed Session As A Personnel Matter.
June 10, 2008	Proposition 59 Does Not Change Legal Principle Precluding Judicial Inquiry into Legislators' Subjective Motives or Mental Processes for Passing Laws.
June 10, 2008	County's Incidental Disclosure of Elected or Appointed Public Officials' Home Addresses and Telephone Numbers Through a Property-Related Database on a Limited-Access Network Does Not Require Officials' Written Consent.
June 10, 2008	Identities of Law Enforcement Officers Involved in Lethal Force Incidents Are Generally Subject to Disclosure Under the Public Records Act.
June 10, 2008	Government Officials Have A Privilege Not To Disclose Discussions And Deliberations Leading To Policy Decisions.
June 10, 2008	PERS to Distribute Medicare Retiree Drug Subsidy Funds to Contracting Agencies.
June 10, 2008	Disabled Retiree's Effective Retirement Date, Which Is The Day After The Last Day She Receives Regular Compensation, Is Based On Date The Retiree Exhausts Sick Leave And Not When She Actually Stops Working.
June 10, 2008	SWAT Police Officer Who Injures Himself While on Vacation and Running for Mandatory Fitness for Duty Examination Was Entitled to Worker's Compensation Benefit.
June 10, 2008	City Council Member May Be Paid a Fee by a City for Performing Mandatory Drug Testing Where the Council Member Is the Only Certified Drug Tester Available.
June 10, 2008	California Supreme Court Grants Review To Determine If A Court Can Deny A Prevailing Party, Who Recovers A Modest Recovery of $11,500 Under The Fair Employment And Housing Act, The Party's Attorney Fees of $871,000.
June 10, 2008	Bible Study Club May Not Discriminate on Basis of Membership Criteria, But School Districts May Not Selectively Apply Non-Discrimination Policies to Religious Groups.
June 10, 2008	Public School Mandatory Dress Codes Survive Constitutional Scrutiny.
June 10, 2008	Single In-State Act of Signing Agreement to Accept Scholarship to Play for Out-of-State University Is Not Enough to Establish Jurisdiction in California.
June 10, 2008	Disabled Student Who Never Received Special Education Services from School District is Not Barred from Obtaining Reimbursement for Private School Costs.
June 10, 2008	School District Employees Cannot be Sued on Behalf of State When Acting in Their Official Capacities.
June 10, 2008	Grant School District sues Sacramento County Superintendent Over Employee Buyout Funds.
May 10, 2008	Employer Does Not Have To Seek or Rely on Second or Third Medical Opinion In Order to Challenge Validity of Employee's Medical Leave. Also, Employee's Ability to Perform Similar Job for Another Employer Does Not Conclusively Establish the Ability to Perform the Job for the Original Employer.
May 10, 2008	Public Employees May Substitute Shifts With One Another Without It Effecting Their Normal Pay and Without Receiving Overtime Compensation.
May 10, 2008	Sheriff's Department Patrol and Detention Officers May Work Part-Time in the Communications Division on an Occasional or Sporadic Basis Without Triggering Overtime Liability.
May 10, 2008	Purchasing Agents Considered Exempt Administrative Employees.
May 10, 2008	Evidence That Same Supervisor Accused of Discrimination Favorably Treated Same Employee Previously Can Raise an Inference of Nondiscrimination But Is Not Entitled to Special Weight When an Employer Challenges a Jury Verdict.
May 10, 2008	Employee with Hearing Impairment Who Was Denied Promotion and Later Terminated Was Entitled to Damages for Disability Discrimination, Failure to Accommodate, and Failure to Engage in the Interactive Process.
May 10, 2008	City's Disability Retirement Pension Program Which Required Offsets for Workers' Compensation Did Not Discriminate Against Disabled Persons Who Could Alternatively Choose the Service Pension Program With No Offset.
May 10, 2008	Although Company's Overall Hires and Lay-offs Did Not Suggest Age Discrimination, a Supervisor's Specific Hires and Lay-offs Raised an Inference of Discrimination Sufficient to Establish a Prima facie Case.
May 10, 2008	Female Employee Subjected to Repeated Derogatory Comments and Disparate Treatment Had Enough Evidence To Take Discrimination and Retaliation Case to Trial.
May 10, 2008	Employee's Work-Related Complaints To Officials Within Her Chain of Command Cannot Support a First Amendment Retaliation Claim.
May 10, 2008	Union That Agreed To a Two-Tier System of Overtime Pay - MOU Overtime and FLSA Overtime - Could Not Successfully Challenge the Practice Twenty Years Later.
May 10, 2008	Under the Trial Court Act, Which Excludes Decisions on the Delivery of Services from the Scope of Bargaining, the Decision to Require a Higher Level of Services by Court Reporters Was Not Within Scope, But Its Impact Was.
May 10, 2008	Unfair Practice Charge Not Subject to Being Dismissed as Moot Where County Unilaterally Enacted an Ordinance that Was Subject to Bargaining But Rescinded It Before It Went Into Effect.
May 10, 2008	Employee Who Was Given One Hour to Decide Between Resignation and a Proposed Removal Was Not Coerced Into an Involuntary Resignation.
May 10, 2008	Civil Service Commission Sustains Termination of Fire Engineer For an Off-Duty Conviction of DUI.
May 10, 2008	Arbitrator Upholds City's Termination of Custodial Crew Leader Who Committed Multiple Acts of Dishonesty and Aided and Abetted Fraud/Theft.
May 10, 2008	Employee Who Has Worked for Two Agencies Under Two Reciprocal Retirement Systems, Upon Disability Retirement, Cannot Obtain a Larger Benefit than if the Employee Had Worked for Only One Entity.
May 10, 2008	Home Schooling Decision Depublished.
May 10, 2008	University's Easements for County Trails were Significant Enough to Invoke California Environmental Quality Act.
May 10, 2008	CSU Board Meeting in which Leave of Absence of Former Chancellor was Discussed Was Properly Closed Meeting Under "Personnel Exception".
May 10, 2008	Language School's Use of Fax to Communicate with Foreign Student's Attorney Was Not Libelous Because it did not Constitute Publication.
May 10, 2008	City and School District are not Liable for Negligence Where Motorist Strikes Six Pedestrians in Marked Crosswalk 50 Feet from School.
May 10, 2008	FERPA, Privacy & Safety.
May 10, 2008	California considers bill to protect journalism teachers.
May 10, 2008	President Scheduled to Sign Federal Genetic Nondiscrimination Law.
April 10, 2008	$40,000 Attorney Fees Award For City Upheld Where Employee Filed An Unmeritorious Discrimination And Retaliation Suit And Failed To Show Inability To Pay.
April 10, 2008	No Constitutional Right to Home School One's Children.
April 10, 2008	Lower Court Erred in Determining Whether Injunction was Proper.
April 10, 2008	Ninth Circuit Holds that City's Policy of Preemployment Drug Testing as a Condition of a Job Offer for All City Positions Is Unconstitutional as Applied to a Library Page Position.
April 10, 2008	Public Employment Relations Board Has Exclusive Initial Jurisdiction Over Enjoining Strike Which Threatens Municipal Health And Safety.
April 10, 2008	The Location Of Parking Facilities Made Available To Employees Involves The Employment Relationship, And May Therefore Be Encompassed Within The Mandatory Scope Of Bargaining.
April 10, 2008	In A Unilateral Change Case, An Unfair Practice Charge Must Be Filed Within Six Months Of When The Charging Party Knows Of The Employer's Intent To Implement A Change In Policy And Not When The Implementation Takes Effect.
April 10, 2008	U.S. Supreme Court To Decide Whether A Union Can Require Public Employees Who Are Not Members Of The Union That Represents Them To Pay Agency Fees For Litigation Expenses Outside Of Their Bargaining Unit.
April 10, 2008	City Could Not Unilaterally Decide to Stop Paying Retiree Health Insurance Coverage in Contravention of Collective Bargaining Agreement.
April 10, 2008	Community College District Which Had Virtually No Control Over Joint Powers' Authority Employees Could Not Be Held Liable for Alleged Unfair Practice Charge.
April 10, 2008	Absent The Parties' Agreement To The Use Of Revocation Cards, PERB Does Not Recognize The Use Of Revocation Cards To Withdraw Authorization Signatures On A Petition.
April 10, 2008	Employee Is Not Entitled To Union Representative Of His Choice During Meeting Delivering Letters Of Reprimand.
April 10, 2008	Commission On State Mandates To Adopt Parameters And Guidelines For Submitting Claims For Costs Resulting From Legislation Putting Local Agencies Under Jurisdiction Of The Public Employment Relations Board.
April 10, 2008	Firefighter/Paramedics Who Were Responsible for Fire Suppression Duties, But Had Not Actually Engaged in Such Duties, Were Within the Employee in Fire Protection Activities Exemption to the Fair Labor Standards Act.
April 10, 2008	In Calculating Overtime, City Does Not Have to Include As Hours Worked Time Spent By City Police Officers Who Work Off-Duty for Private, Non-Profit Corporation.
April 10, 2008	Minimum Salary for an Exempt Employee Must Be $455 Per Week, Even for Part-Time Employees.
April 10, 2008	Employer's Timekeeping Policy for Employees' Home On-Line Computer-Based Training Complied with the FLSA.
April 10, 2008	Facilities Plant Manager Falls Under the Executive Exemption Under the Fair Labor Standards Act.
April 10, 2008	Fire Truck Driver Who Performs Firefighting Duties Cannot Volunteer as a Firefighter.
April 10, 2008	Supervisor's Repeated Behavior of Staring At Employee's Breasts Was Sufficient Basis for Hostile Work Environment Claim.
April 10, 2008	Employee Who Is Entitled to Receive a Right-to-Sue Letter from the Equal Employment Opportunity Commission, But Fails to Receive One, May Still File a Federal Lawsuit As Long as She Has Received a Right-to-Sue Letter from the Appropriate State Agency.
April 10, 2008	Discharged White Anchorman Could Not Establish a Race Discrimination Claim.
April 10, 2008	An Employee Files a "Charge" With the Equal Employment Opportunity Commission if the Document Reasonably Requests That the Agency Take Action To Vindicate the Employee's Rights.
April 10, 2008	Hospital's Drastic Reduction In Requests For Doctor's Consultation Services Was Sufficient Basis For Doctor's Retaliation Claim.
April 10, 2008	Single Comment About Women Being More Nurturing Than Men Was Not Sufficient to Support an Objectively Reasonable Belief That Sexual Harassment Occurred.
April 10, 2008	Statements Related to Superintendent's Poor Work Performance Did Not Give Rise to a Liberty Interest Due Process Claim.
April 10, 2008	Employee's Lawsuit Alleging First Amendment Retaliation Was Not Speech As A Private Citizen Addressing A Matter Of Public Concern.
April 10, 2008	County Sues Its Retirement Board For Approving Agreement to Give Deputies an Enhanced Retirement Benefit Package.
March 10, 2008	Decision to Reinstate Laid-Off School Psychologists was not Enforcement of a Public Right, and Plaintiffs were not Entitled to Attorney Fees.
March 10, 2008	Former Teacher Who Was Incorrectly Classified as a Substitute Teacher But Also Received Timely Notice of Non-Reelection Did Not Qualify for Permanent Status in Third Year of Teaching.
March 10, 2008	State University Had a Duty to Bargain over Exclusion of Association Members from New Parking Structure.
March 10, 2008	Police Officer Had Probable Cause to Support Arrest of School Teacher for Allegedly Sexually Molesting Student.
March 10, 2008	Claim for Damages not Barred when Factfinder Report is Untimely; Grievance Procedure Lacks Judicial Character.
March 10, 2008	The California Supreme Court Finds No Individual Liability for Retaliation Under the Fair Employment and Housing Act.
March 10, 2008	California Supreme Court Holds That Employer Was Not Required to Allow Employee to Use Marijuana Off-Duty, Off-Site as a Reasonable Accommodation for Employee's Disability.
March 10, 2008	Female Coach Claiming Sex Discrimination Could Take Her Case To Trial Where There Was No Evidence of Progressive Discipline Which Had Been Provided to Similarly Situated Male Coaches.
March 10, 2008	Physician's Allegations Of Two Incidents Of Race Discrimination Held Not Sufficient To Establish An Action For Hostile Work Environment.
March 10, 2008	California Supreme Court to Consider if California Law Recognizes the "Stray Remarks" Doctrine Which Allows a Trial Court to Disregard Isolated Discriminatory Remarks Unrelated to the Decision-Making Process.
March 10, 2008	Union Waived Its Right to Negotiate Over a Decision to Contract Out Police Services When the Management Rights Clause in the Collective Bargaining Agreement Gave the District the Exclusive Right to Contract Out Work.
March 10, 2008	Employee's New Work Assignment Was Not A Unilateral Change In The Labor Agreement's Transfer Or Reassignment Provisions.
March 10, 2008	Human Resources Managers Who Interrupted Employees Who Were About to Sign Union Cards Did Not Interfere with Employees' Labor Rights.
March 10, 2008	Police and Fire Negotiation Settlements Reached.
March 10, 2008	Where Grievance Arbitration Did Not Provide A Fair Process, And Did Not Expressly Cover Statutory Claims, Employee Was Not Required To Participate In The Arbitration Before Filing Harassment Case In Court.
March 10, 2008	Alleged Violation of State Statute, Rather than Memorandum of Understanding, Was Not a Proper Matter for Grievance Arbitration.
March 10, 2008	Employee Whose Whistleblower Complaint Was Dismissed After Being Heard By The State Personnel Board Is Bound By The Findings Of The Board Unless He Challenges Them By Way Of A Writ Of Mandate.
March 10, 2008	Court Upholds The Family And Medical Leave Act Regulation Requiring Employer Notice Of Leave Qualifications Where Employee Showed That Violation Prejudiced Her.
March 10, 2008	Where County's Charter Allowed For Outsourcing, Individuals Who Were Paid By Contracting Firm To Perform Work For County Were Not Entitled To Civil Service And Retirement Benefits.
March 10, 2008	California Court of Appeal Upholds Dismissal of Tenured College Instructor.
March 10, 2008	Three-Member Panel Upholds Employee Termination Based on Violation of Last Chance Agreement.
March 10, 2008	Attorney General Opines that City Council Member Who Filed a Suit for Damages Against the City Prior to His Election Could Not Enter Into a Settlement Agreement With the City.
March 10, 2008	Court Of Appeal Affirms Superior Court's Denial Of A Writ Brought By Police Officer Who Was Terminated For Insubordination And Dereliction Of Duty.
March 10, 2008	Police Officer's 240-Hour Suspension and Loss of 5% Assignment Pay for Instigating Mutual Combat Upheld.
February 10, 2008	Expansion Of Family And Medical Leave Act Creates New Leave Entitlements For Employees Who Have A Family Member Injured While In The Service Or Called To Active Duty.
February 10, 2008	Worker Hired Through And Paid By A Temporary Service Agency Is Considered An Employee Covered By The Fair Employment And Housing Act.
February 10, 2008	While Initial Discriminatory Acts Occurred Prior To The Statute Of Limitations, The Continuing Conduct During The Limitations Period Constituted Discrete Acts Of Discrimination.
February 10, 2008	Governor Appoints New Director Of The Department Of Fair Employment And Housing.
February 10, 2008	Female Coach With Equal Pay Claim Survived Summary Judgment Despite Some Differences With Higher Paid Male Coach.
February 10, 2008	To Establish A Business Necessity To Exclude Hearing Impaired Individuals As Drivers, UPS Could Offer Evidence That It Relied Upon Department Of Transportation Safety Regulations Not Applicable To Drivers Of Lighter Vehicles, To Weigh Against The Drivers' Evidence That Such Standard Was Discriminatory.
February 10, 2008	United States Supreme Court Will Not Review Americans With Disabilities Act Case Regarding An Employer's Obligation to Reassign a Disabled Employee.
February 10, 2008	California Supreme Court Will Not Review Case On The Issue Of The Burden Of Establishing Ability To Perform The Job.
February 10, 2008	EEOC Publishes Final Rule To Allow Employers to Create and Maintain Retiree Health Plans Designed to Bridge to Medicare Programs.
February 10, 2008	Employee's Complaint About His Superiors' Corruption Is Protected As A First Amendment Retaliation Claim.
February 10, 2008	Employee's Termination Based on His Statements Against the Sheriff Did Not Violate His First Amendment Rights.
February 10, 2008	Court Holds That Extensive Background Checks Of Low Risk Contract Employees May Constitute Violation Of Privacy Rights.
February 10, 2008	Four Year Settlement Reached With The Beverly Hills Police Officers Association.
February 10, 2008	Union Seeking Monetary Damages From Its Members Must Establish Each Element Of Its Contractual Claim, Just Like Any Other Civil Litigant.
February 10, 2008	Civil Service Commission Bound By Memorandum Of Understanding Entered Into By County Board Of Supervisors And The Union And Could Not Impose Discipline Not Authorized By The MOU.
February 10, 2008	Employee Reinstated To Previous Position Must Be Given The Same Duties And Responsibilities As Before And Not Simply The Same Title And Salary.
February 10, 2008	Parent of Disabled Student Lacked Standing to Sue District in Federal Court after Administrative Hearing Officer Dismissed District's Due Process Complaint against Parent without Prejudice.
February 10, 2008	Community College Bond Measure That Was Approved by 65.69 Percent of the Voters Was Properly Validated under Proposition 39, Which Only Requires Approval by 55 Percent of Eligible Voters.
February 10, 2008	Taxpayer's Lawsuit Challenging the District's Use of Funds Secured Through Bonds Pursuant to Proposition 39 Was Barred by the 60-Day Statute of Limitations Applicable to Validation Actions.
January 10, 2008	The Los Angeles Unified School District's Magnet and Permits with Transportation Programs Do Not Violate Proposition 209 Because They Were Implemented Pursuant to a Court Order That Was in Force before the Effective Date of Proposition 209.
January 10, 2008	High School Student's Writings Detailing Fictional Account in First Person Format of Violence at School Were Not Protected By the First Amendment.
January 10, 2008	Illinois Statute Requiring Daily Period of Silence for Silent Prayer or Silent Reflection Cannot Be Implemented Because Plaintiffs Were Likely to Prevail on the Merits of Their Claims That the Statute Was Unconstitutionally Vague and Potentially in Violation of the Establishment Clause.
January 10, 2008	Test Protocols and Test Question Booklets That Do Not Contain Personally Identifiable Information Concerning a Student Are Not Education Records Under FERPA; However, School Districts Are Required, Upon Request, to Provide Parents With Any Necessary Explanations or Interpretations of Educational Records.
January 10, 2008	U.S. Supreme Court To Consider Whether Americans With Disabilities Act Requires Employers to Reassign A Disabled Employee to a Vacant Position For Which the Employee is Qualified, Even If the Employee Is Not the Most Qualified.
January 10, 2008	Jury's Findings that Employer Failed to Engage in Interactive Process, But Did Not Fail To Reasonably Accommodate Employee's Disability, Were Not Inconsistent.
January 10, 2008	Employee Wrongfully Terminated After Criticizing Employer's Conduct Was Entitled to Damages.
January 10, 2008	Teacher Terminated for Not Being Enrolled in a Credentialing Program Could Not Establish a Nexus for His Retaliation Claim.
January 10, 2008	The CalPERS Program for Pre-Funding Health and Other Post-Retirement Benefits is Growing.
January 10, 2008	Pay Raise Given to Only One Person and Not Available to All Members of His Job Classification Did Not Constitute Special Compensation for Purposes of Calculating Employee's Retirement Allowance.
January 10, 2008	Court May Excuse Employee's Failure to Exhaust the Contract's Grievance/ Arbitration Procedure if the Failure Results From the Union's Breach of its Duty of Fair Representation and If the Employee Sues Both Employer and Union.
January 10, 2008	California Supreme Court to Review Decision that, Under the Educational Employment Relations Act, District Had the Right to Bar Union From Placing Literature Supporting Certain School Board Candidates in Employee Mailboxes.
January 10, 2008	Employer Handbook's Reference to Mandatory Arbitration of Claims Was Insufficient to Compel Arbitration in the Absence of a Separate Arbitration Agreement.
January 10, 2008	Plumbing Contractor Who Improved a Privately Owned Building That Was 63% Leased to the County Performed a Public Works Project and Was Required to Pay the Prevailing Wage.
January 10, 2008	California Supreme Court to Review Case Involving Former City Retirement Board Members, Who Were Also Bargaining Unit Employees, and Who Were Subject to Being Criminally Liable For Violating Conflict of Interest Law.
January 10, 2008	Former Employee Who Agreed to a Statutory Offer to Compromise in a Sexual Harassment Case Held to Be the Prevailing Party and Entitled to Attorney Fees.
December 10, 2007	Employee Who Lived On Employer's Reservoir Premises Is Entitled To Overtime For Hours Actually Worked, But Not Entitled To Compensation For On-Call Time.
December 10, 2007	Volunteer Firefighters May Receive Nominal Payments, Benefits And Expense Reimbursement And Still Retain Volunteer Status Under The FLSA.
December 10, 2007	Court Reporter Is Not an Exempt Employee Under the FLSA.
December 10, 2007	Field Inspectors Qualify for Executive Exemption Under the FLSA.
December 10, 2007	If Employer Has a Method of Apportionment, Employer May Pay Employees Increased Wages Instead of Separately Reimbursing Them for Actual Work-Related Expenses.
December 10, 2007	University's Decision To Implement A Computer Resource Policy Is Not Negotiable, And A Contractual "Zipper Clause" Does Not Enable The Union To Refuse To Negotiate About The Effects Of The Decision.
December 10, 2007	Employer's Reservation Of Rights In Benefit Plan Summary Description Giving It The Right To Make Changes In Plan Did Not Supersede The "Zipper Clauses" In The Collective Bargaining Agreements.
December 10, 2007	In A Case Involving An Employee's Right To Overtime Pay, The Employment Agreement Compelling Arbitration Was Held To Be Unconscionable.
December 10, 2007	Police Officer's Failure To Raise Statute Of Limitations Defense In His Administrative Appeal Hearing Barred Him From Raising The Defense In His Superior Court Writ Of Mandate Action.
December 10, 2007	Employee's Utilization Of Collective Bargaining Agreement's Grievance Procedure Did Not Bar Him From Bringing A FEHA Claim For Race Discrimination In The Superior Court.
December 10, 2007	Transsexual Employee Could Not State Prima Facie Case for Title VII Sex Discrimination.
December 10, 2007	Inquiring Into a Job Applicant's Employment Gaps Could Violate the Americans with Disabilities Act.
December 10, 2007	Employer's Three Admonishing Letters Over Three Years Did Not Constitute a Materially Adverse Action.
December 10, 2007	Employee's Motive Is Not A Conclusive Consideration In Determining Whether Speech Relates To A Matter Of Public Concern.
December 10, 2007	Officer Had Probable Cause to Arrest Teacher on School Premises Based on Sexual Molestation Allegations of Fifth Grade Student.
December 10, 2007	City Cannot Recover Penalty under Subletting and Subcontracting Fair Practices Act in Civil Action Against Contractor.
December 10, 2007	Public Trust Doctrine Prevented County from Disregarding Restrictions Placed by the Grantor on Use of Property Donated to the County.
December 10, 2007	The Assumption of Risk Doctrine Does Not Bar Truck Driving Student's Lawsuit Alleging School District Negligently Supervised Him on Class Assignment.
December 10, 2007	Education Code Requirement That Entitles Academic Employees to Final Decision by Neutral Arbitrator on Grievances Concerning Appointment, Reappointment, Tenure or Promotion Did Not Prevent University from Insisting on Contractual Provisions Restricting Arbitrator's Authority.
December 10, 2007	District Business Manager Was Not a "Senior Management Employee" for the Purposes of Education Code Section 35031 Where the District Board Did Not Affirmatively Designate Position as a Senior Management Position.
December 10, 2007	The Fifth Circuit Court of Appeal Upholds Award of Compensatory and Punitive Damages, Attorney's Fees and Costs Against Superintendent That Did Not Hire Assistant Principal Candidate Because Candidate Refused to Remove Her Children from Their Religious Private School.
December 10, 2007	In Ninth Circuit Case Not Applicable in California Due to Education Code Prohibition Against Strip Searches, District's Strip Search of a Female Middle School Student Did Not Violate Fourth Amendment Prohibition Against Unreasonable Searches.
December 10, 2007	Parent Cannot Recover Damages under 42 U.S.C. Section 1983 for Parent's Lost Income and Suffering While Pursuing Child's Rights under IDEA.
December 10, 2007	Uncertainty Remains Concerning the Right to Reimbursement for Private School Tuition When Special Education Students Have Not Previously Received Public School Educational Services.
December 10, 2007	Illinois Federal District Court Restricts Rights of Parents in Winkelman to Bring Their Own Suit under the IDEA.
December 10, 2007	Parents' Concern about Stigma Associated with Identifying their Child as "Special Ed" Does Not Excuse LEA's Prolonged Child Find Violation.
December 10, 2007	IEP Giving Teachers Discretion to Determine Appropriate Modifications and Accommodations for Student Violated IDEA.
December 10, 2007	Alternative Forms of Communication with Parents Excused District's Failure to Provide Progress Reports.
December 10, 2007	Statements in University's Catalogues and on University's Website Stating that Professional Fees Would Not Be Raised for Continuing Students Created an Enforceable Contract That the University Breached When It Raised the Professional Fee for Continuing Students.
December 10, 2007	Elementary Students Have First Amendment Right to Wear Buttons in Protest of the School Uniform Policy.
December 10, 2007	The Sixth Circuit Court of Appeal Holds That a Student Can Assert a First Amendment Claim for Nominal Damages Based on Allegations That a Former Policy Chilled the Plaintiff's Speech.
December 10, 2007	Employee Cannot Contract to Release His Rights under the Uniformed Employment and Reemployment Rights Act.
November 10, 2007	County Did Not Have to Meet and Confer Regarding Mandatory Overtime Policy.
November 10, 2007	County's Rule Could Not Require that Majority of Unit Members Vote in Representation Elections.
November 10, 2007	Town Violated Its Duty to Bargain in Good Faith When It Refused to Provide the Union with Requested Information Regarding Its On-Call Policy.
November 10, 2007	Union Could Not Show that County Refused to Provide Information, Unilaterally Changed Its Policies or Engaged in Unlawful Conditional Bargaining.
November 10, 2007	Union's Unfair Practice Charge of Unilateral Change Dismissed Where Union Could Not Show a Change.
November 10, 2007	Settlements Reached in Negotiations.
November 10, 2007	Hybrid Approach to Retiree Health Care Funding Proposed by California's Finance Director.
November 10, 2007	Time Clocks Are Not Necessary As Long as Employees Are Paid for Hours Worked, and Need Not Be Paid for Bona Fide Meal Periods.
November 10, 2007	Employer's Paid Disability Leave Policy and Practices Did Not Violate the Salary Basis Test.
November 10, 2007	U.S. Supreme Court Denies Review of Ninth Circuit Decision Upholding City's Anti-Gay Discrimination Policy.
November 10, 2007	Female Employees' Harassment Claim Failed Where They Delayed In Their Complaints and the City Responded Immediately.
November 10, 2007	Employer Could Use Mixed Motive Defense Against Employee's Retaliation Claim, But Not Against the Discrimination Claim.
November 10, 2007	Summary Judgment In Favor of Employer Was Improper Where Employee Showed that Various People Made Disparaging Remarks About His Age and the Employer Offered Changing Reasons for His Termination.
November 10, 2007	Employee Who Was Terminated After Criticizing Co-Workers Could Not Assert a First Amendment Retaliation Claim.
November 10, 2007	City Retirement Board Members Who Voted on a Resolution that Would Grant Them Better Retirement Benefits Found to Violate Conflicts of Interest Law.
November 10, 2007	Company's Internal Communications Reasonably Necessary To Further the Purpose of Legal Consultation is Privileged.
October 10, 2007	Community College District Could Not Prohibit Union From Meeting on Campus About Board of Trustees Election.
October 10, 2007	Union Has Standing to Raise First Amendment Claim of Member Who Was Allegedly Terminated For Conducting Union Activities.
October 10, 2007	A Local Union's Expenses for Non-Unit Litigation That is Funded by a National Union on Behalf of All Its Locals Through a Pooling Arrangement, Rather than Direct Contributions, Are Chargeable to the Local's Nonmembers.
October 10, 2007	Absent Clear and Unmistakable Waiver, Employee Cannot Be Compelled to Submit to Mandatory Arbitration of Statutory Claims.
October 10, 2007	Class Arbitration Waivers in Employment Arbitration Agreements Are Unenforceable if They Do Not Allow Employees to Vindicate Their Unwaivable Rights.
October 10, 2007	City's Termination of Employee Remanded for Reconsideration Where Some of the Charges Were Barred by Statute of Limitations.
October 10, 2007	Misleading Statement from DFEH Representative Excused Complainant's Slight Tardiness in Filing His DFEH Charge.
October 10, 2007	California Supreme Court Holds That It Is an Employee's Burden in a Disability Discrimination Case to Show That He or She Can Perform a Job's Essential Duties.
October 10, 2007	In a Failure to Promote Discrimination Case, Absent Any Evidence of Discriminatory Motive, Police Corporal Could Not Prove Discriminatory Animus By Comparing His Own Qualifications to the Qualifications of the Promoted Candidates.
October 10, 2007	Discharged Employee Could Not Show Causal Connection Between Alleged Derogatory Remarks and the Decision to Discharge Him from Employment.
October 10, 2007	Job Applicant's Waiver Barred Her Claims Based on the Background Investigation, But Not Her Retaliation Claim.
October 10, 2007	Supreme Court To Review Case Involving Whether U.S. Constitution's Equal Protection Trumps the California Constitution's Prohibition on Minority and Gender Based Preferences.
October 10, 2007	City Did Not Violate Police Officers' First Amendment Rights When It Terminated Him for Running a Website With Sexually Explicit Photographs and Videos.
October 10, 2007	Under the Educational Employment Relations Act, District Had the Right to Bar Union From Placing Literature Supporting Certain School Board Candidates in Employee Mailboxes.
October 10, 2007	Senate Bill 20, Which Reduces the State's Obligation to Fund the Teachers' Retirement Fund, Is Unconstitutional.
October 10, 2007	County Can Force Employees to Use Excess Deferred Vacation Time to Avoid Cash Payout.
October 10, 2007	Agreement Purporting to Release City from Liability for Future Gross Negligence Violates Public Policy and is Unenforceable.
October 10, 2007	Court's Amended Opinion in Van Duyn v. Baker School District 5J Changes the Definition of When the Failure to Follow an IEP Is Material.
October 10, 2007	Revival of Statutorily Lapsed Childhood Sexual Abuse Claims under Code of Civil Procedure Section 340.1(c) Does Not Revive Mandatory Government Claim Presentation Deadline.
October 10, 2007	Terminated General Contractor was Properly Awarded Lost Profits Due to Impaired Bonding Capacity in Contract Dispute with School District.
October 10, 2007	Prime Contractor Not Required to Subcontract with Listed Subcontractor Where Work to be Performed Has Been Deleted by Sanitation District.
October 10, 2007	School Employees But Not School District May Be Sued Under the Federal False Claims Act.
October 10, 2007	Mayor Villaraigosa and LAUSD Announce Partnership and Process for Mayoral Oversight of Several Lowest-Achieving Schools.
October 10, 2007	Sixth Circuit Court of Appeals Held Head Varsity Football Coach Did Not Violate Free Speech of Team Members When He Dismissed Them from the Team for Signing a Petition That Criticized Him.
October 10, 2007	City Was Required to Meet and Confer with Union Prior to Making Decision to Contract with Sheriff for Law Enforcement Services.
September 10, 2007	District Cannot Prohibit an Employee from Attending, and Speaking, at a Public School Board Meeting About His Proposed Demotion.
September 10, 2007	Community College District Is Not Required to Terminate the Employment of a Student Who becomes a Member of the District's Governing Board.
September 10, 2007	Educational Institution May Not Enforce Arbitration Provision in Student Loan Agreement for Student's Claims against the Institution.
September 10, 2007	Placement of Employee in Employer's Rehabilitation Program Does Not Demonstrate that Employee Was Disabled Under the Disability Laws.
September 10, 2007	Pregnancy Discrimination Act Requires Employers to Include Pregnancy Leave Time in Calculating Pension Benefits If the Employers Give Credit for Other Types of Temporary Disability Leave.
September 10, 2007	Denial of Request for Lateral Transfer Is Not Considered an Adverse Employment Action To Support Employee's Discrimination Claim.
September 10, 2007	Court of Appeal Affirms Summary Judgment in Favor of School District Against an Elementary School Teacher Who Alleged Retaliation and Discrimination in Grade Selection.
September 10, 2007	Court Grants Summary Judgment in School District's Favor Against Four School District Employees Claiming Discrimination.
September 10, 2007	Employee's Termination Was Reversed Where There Was No Substantial Evidence That He Was On Notice That His Prescription Drugs Could Result in Positive Drug Test Results and Where Arbitrator Did Not Consider Whether The Drugs Had a Legitimate Medical Use.
September 10, 2007	Ninth Circuit Holds That, in the Absence of Evidence of Actual Receipt, It Will Apply a Three-Day Mailing Presumption to Determine Notice of a Right-to-Sue Letter.
September 10, 2007	FedEx Drivers With Detailed Specifications For Schedules, Equipment, and Job Performance Were Employees, Not Independent Contractors, and Entitled to Reimbursement For Expenses.
September 10, 2007	California Supreme Court Grants Review on Case Holding That Equitable Tolling Applies to Fair Employment and Housing Act's One-Year Statute of Limitations.
September 10, 2007	Court Dismisses Defamation Claims Against University Officials Based on Statements Made Regarding Football Coach's Termination.
September 10, 2007	Voicemail Messages That Relate to Contemplated Litigation Held to Be Protected under the Anti-SLAPP Statute.
September 10, 2007	School District's Denial of Recognition of a Religious Club that Discriminated in General Membership on the Basis of Religion Did Not Violate the Equal Access Act or First Amendment.
September 10, 2007	IRS Clarifies 409a Ruling that Deferred-Compensation Does Not Apply to School Years Beginning Before January 1, 2008.
September 10, 2007	Rundown of Some More Recent Settlements . . . .
September 10, 2007	Court Holds Employer Liable for Supervisor's Sexual Harassment Notwithstanding Employee's Delay in Filing a Complaint Until 19 Days After Harassment Occurred.
September 10, 2007	Exclusion of Special Education Teacher from IEP Team is Harmless Procedural Error Where Child Lacks Qualifying Disability under IDEA.
September 10, 2007	Complaint Filed in Court Seeking Relief under IDEA Is Properly Dismissed where Alleged Injuries Could be Redressed under IDEA's Administrative Remedies.
September 10, 2007	Pennsylvania District Court Rules that School District Violated Free Speech Rights of High School Student When It Disciplines Him for Off-Campus Conduct on MySpace.
September 10, 2007	CDE Settles Lawsuit Involving Students with Diabetes and Their Access to Care during the School Day.
August 10, 2007	Wrongfully Demoted Employee Was Not Entitled To Back Pay Where He Was Unable to Work As a Result of a Non-Work Related Disability.
August 10, 2007	County Civil Service Commission Lacked Jurisdiction To Hear Employee's Claim of Constructive Demotion.
August 10, 2007	One-Year Statute of Limitations Period Applies to Conflict of Interest Claims.
August 10, 2007	Employee's Discrimination Claim Fails Because He Could Not Establish that His Employer Did Not Have a Good Faith Belief that the Employee Violated Its Policy and Fired Him for That Reason.
August 10, 2007	Employee Claiming Disparate Impact Need Not Show Evidence of Discriminatory Intent to Have Standing to File Suit.
August 10, 2007	Claimant Must File Claim for Violation of Fair Employment and Housing Act Within One Year from Date upon Which Unlawful Practice Occurred.
August 10, 2007	Public Agencies May Compensate Part-Time Employees with Compensatory Time Off Instead of Cash Payments For Hours Worked Less Than 40 Per Week So Long as the Compensatory Time Is Based on a Regular Rate of Pay of No Less than the Federal Minimum Wage.
August 10, 2007	Department of Labor Reiterates that for States Outside of the Ninth Circuit Time Spent Donning and Doffing Protective Gear May Be Excluded from Time Worked.
August 10, 2007	Department of Labor Issues Final Report Regarding Public Comments on Family and Medical Leave Act Regulations.
August 10, 2007	California Trial Court Granted Preliminary Injunction Enjoining Middle School From Enforcing Its Dress Code Policy.
August 10, 2007	Court Properly Dismissed Police Detective's Claim That He Was Retaliated Against For Reporting Potential Police Misconduct.
August 10, 2007	Agency's Investigation Conducted In Furtherance of Litigation Was Protected Activity Covered by the Anti-SLAPP Statute.
August 10, 2007	Tennessee Secondary School Athletic Association's Rule Prohibiting High School Coaches from Recruiting Middle School Athletes Does Not Violate the First Amendment.
August 10, 2007	School's Suspension of Student and Confiscation of "BONG HiTS 4 JESUS" Banner Do Not Violate Student's First Amendment Rights.
August 10, 2007	Female Employee Could Not Establish a Sufficient Nexus Between Co-Workers' Alleged Wrongful Conduct and Her Gender.
August 10, 2007	Fair Employment and Housing Commission Adopts Revisions to Mandatory Harassment Training Requirements.
August 10, 2007	CalPERS Adopts 6.3 Percent Overall Premium Increase for 2008 Health Care.
August 10, 2007	Town's Failure to Provide Union with Requested Information on Its Implementation of On-Call Policy Violated its Duty to Bargain in Good Faith.
August 10, 2007	Client Agencies Reach Collective Bargaining Settlements.
August 10, 2007	Governor Appoints Member to the Public Employment Relations Board.
August 10, 2007	Arbitrator Exceeded Her Authority When She Reformed a Memorandum of Understanding After It Had Already Been Approved by the Legislative Body.
August 10, 2007	An Independent Administrative Investigation May Be Considered a Retaliatory Act If a Supervisor With Discriminatory Animus Has Influence Over the Investigation.
August 10, 2007	Release Signed by Parent for Child's Participation in City Recreational Program Is Invalid to the Extent it Purports to Apply to Future Gross Negligence.
August 10, 2007	Seattle and Jefferson County School Districts' Race-Based Assignments Plans Violate the Fourteenth Amendment of the United States Constitution.
August 10, 2007	Employee Involved in Company's Core Day-to-Day Business Operations Is a Non-Exempt Employee.
August 10, 2007	Suspension of Student for Posting Instant Messages over the Internet with a Drawing Displaying a Pistol Firing a Bullet at a Teacher Did Not Violate the Student's First Amendment Rights.
August 10, 2007	Providing FAPE to a Disabled, Transfer Student.
August 10, 2007	Good News from the IRS
July 10, 2007	First Amendment Does Not Prohibit Public University from Imposing $100 limit on Student Government Campaign Expenditures.
July 10, 2007	Four-Year Time Limitation on Evidence under California Education Code section 44944(a) Is Not Absolute, and May Be Subject to Principles of Equitable Estoppel.
July 10, 2007	Position Filled with Temporarily Absent Incumbent Was Not a Vacancy So County Did Not Have to Follow Procedures for Temporary Appointments to Vacancies.
July 10, 2007	City's Mandatory Retirement Ordinance Did Not Constitute Age Discrimination.
July 10, 2007	EEOC Regulation that Exempts from the Age Discrimination in Employment Act Employer Coordination of Retirement Benefits With Medicare Benefits Is Reasonable.
July 10, 2007	Employee With Evidence Showing Supervisor's Favoritism for Members of a Particular Religious Group Can Take Her Case to Trial.
July 10, 2007	U.S. Supreme Court Finds that Individual's Pay Discrimination Case Was Barred Where the Pay Decision Occurred More Than 180 Days Before She Filed Her Equal Employment Opportunity Commission Charge.
July 10, 2007	Equal Employment Opportunity Commission Announces New Enforcement Guidance Regarding Potential Bias Against Employees with Caregiver Responsibilities.
July 10, 2007	San Francisco Requires Employers to Provide Paid Sick Leave to Their Employees.
July 10, 2007	Equitable Tolling Applies to Fair Employment and Housing Act's One-Year Statute of Limitations.
July 10, 2007	High School Student's Inflammatory Editorial Article about Illegal Immigration is Protected Speech under California Education Code.
July 10, 2007	Public Employment Relations Board Finds that School District and Union Both Violated the Educational Employment Relations Act.
July 10, 2007	Employer's Impasse Procedure Was Held to Be Reasonable Because It Became Applicable Only After Good Faith Bargaining.
July 10, 2007	PERB Has Exclusive Jurisdiction to Decide Whether City Can Compel Union to Participate in Mandatory Dispute Resolution Procedures Provided For By City Charter.
July 10, 2007	Employer Is Not Obligated to Automatically Give Union Information Regarding Discipline of Unit Employees.
July 10, 2007	While President Bush Has Signed Legislation Increasing the Federal Minimum Wage, It Will Not Impact California Employers.
July 10, 2007	Student Cannot Recover Monetary Damages for Disciplinary Action Taking Against Her for Saying "That's so gay" in Response to Teasing About her Mormon Faith.
July 10, 2007	City and City Attorney Entitled to Requested Public Records from School District.
July 10, 2007	California Supreme Court Will Decide Whether an Individual Can Be Held Liable for Retaliation.
July 10, 2007	County Does Not Have to Extend Retroactive Pension Benefits to Returning Employees.
July 10, 2007	California State Trial Court Ruled that No Child Left Behind Act Does Not Require the State of California to Provide Standardized Assessment Tests in the Native Languages of Limited English Proficient Students.
July 10, 2007	University Not Required Under Tort Law To Keep Track of Body or Notify Relatives Before Disposing of Corpse Donated for Research Purposes.
July 10, 2007	Employee Who Complained About Threat of Workplace Violence Properly Stated Claim for Wrongful Discharge in Violation of Public Policy.
July 10, 2007	First Amendment - Free Speech.
June 10, 2007	Law Firm Employer's Mandatory Binding Arbitration Agreement Held to Be Unconscionable and Unenforceable.
June 10, 2007	Fitness For Duty Examination Was Legitimate in That it Was Job Related and Based on Business Necessity.
June 10, 2007	Amputee Fire Captain's Re-Assignment from a 24-Hour Fire Suppression Position to an 8-Hour Staff Position with Equal Pay, Benefits, and Promotional and Overtime Opportunities Was Not an Adverse Employment Action.
June 10, 2007	Lawsuit Filed Years Earlier by Former Unsuccessful Fire Firefighter Applicants Held Not to Constitute Notice to Current Eligibles of Potential Discrimination Claims.
June 10, 2007	Two Student Assignment Programs at Berkeley Unified School District That Take Into Account Race Do Not Violate Proposition 209.
June 10, 2007	Romero Act Giving the Mayor of Los Angeles Certain Controls over the Los Angeles Unified School District Is Unconstitutional Because it Undermines Voters' Rights to Elect their Board of Education and Transfers Authority over District Schools to Outside Entities
June 10, 2007	County's Termination of Employee Six Weeks After Its Right to Do So Did Not Constitute a Waiver.
June 10, 2007	Arbitrator Upholds City's Termination of Public Works Employee for Violating Last Chance Agreement.
June 10, 2007	Employer Failed to Advise Employee of His Entitlement to Statutory Leave After Employee Provided Sufficient Verbal Notice of His Need for Leave.
June 10, 2007	Statements to Press about Principal by Local Superintendent of the Los Angeles Unified School District Were Protected Speech.
June 10, 2007	In-Home Supportive Services Agency's Decision to Implement Criminal Background Checks Was Not Negotiable, But the Agency Had to Bargain Over Some, But Not All, of the Effects of Its Decision.
June 10, 2007	PERB Board Rejects Administrative Law Judge's Decision and Upholds City's Enforcement of its Union Access Rule.
June 10, 2007	Court Denies Police Officers Association's Attempt to Force City to Binding Interest Arbitration Over Salary Dispute.
June 10, 2007	New Website Launched Explaining HIPAA Privacy Compliance and Enforcement.
June 10, 2007	San Francisco Ordinance Granting Specific Preferences to Minority-Owned and Women-Owned Businesses With Respect to Public Contracts Violates Proposition 209.
June 10, 2007	Terminated Employee's Complaints of Discrimination After Disciplinary Actions for Misconduct Were Instituted Failed to Establish Causal Link for Retaliation Claim.
June 10, 2007	Employee Had No Cause of Action for First Amendment Retaliation Based on Her Transfer Which Occurred After She Reported a Policy Violation.
June 10, 2007	County Discontinues Making Medical and Dental Care Payments for Employees Who Retire After May 31.
June 10, 2007	Proposed Changes to IRS 403(b)/Tax-Sheltered Account Regulations May Be Finalized at End of June.
June 10, 2007	In Determining Whether A State "Equalizes Expenditures" for purpose of Federal Funding Statute, Secretary of Education May Consider Both the Number of District Pupils and the Size of the District Expenditures Per-Pupil.
June 10, 2007	Starting an Assessment Process during Due Process Hearing Does Not Prevent Award of Attorney Fees to Student as the Prevailing Party.
June 10, 2007	To Constitute Battery, Physical Contact between a Special Education Teacher and a Severely Autistic Pupil Must be Both Unreasonable and Intended to Inflict Harm.
June 10, 2007	Discrepancy between Ability and Achievement that Can Be Corrected through Regular Education Does Not Qualify Student for Special Education.
June 10, 2007	Police Informant Seeking Workers' Compensation Benefits Goes to Court of Appeal.
June 10, 2007	Federal District Court in New York Has Denied Hearing Impaired Student's Motion to Order School Officials to Allow Him to Bring his Service Dog to School.
June 10, 2007	The IEP Team
June 10, 2007	Facilities & Business Corner - Construction
May 10, 2007	The U.S. Constitution's Requirement for Equal Protection May Trump the California Constitution's Prohibition on Minority and Gender Based Preferences.
May 10, 2007	University's Motion to Compel Arbitration Was Properly Denied When Named Plaintiff in Suit with Class Action Allegations Did Not Sign an Arbitration Agreement.
May 10, 2007	Department Head Could Be Personally Liable for Authorizing Premium Pay to Employees After Receiving Contrary Advice from Counsel.
May 10, 2007	Employee's Migraine Headaches Did Not Constitute a Disability.
May 10, 2007	Court of Appeal Finds That County Police Officers Did Not Show That They Were Paid Less Than County Deputy Sheriffs Based on Their Race.
May 10, 2007	School's Policy Which Waives an Employee's Right to a Hearing if He/She Fails to Respond, Violates Due Process If Employee Does Not Have a Realistic Time to Respond.
May 10, 2007	County Civil Service Commission Abused Its Discretion by Reversing Demotion Imposed by Sheriff.
May 10, 2007	Arbitrator Upholds City's Termination of a Police Officer for Lying.
May 10, 2007	Arbitrator Upholds City's Demotion of a Senior Buyer Who Failed to Meet Performance Expectations.
May 10, 2007	Vice President's Statements Criticizing Illegal or Unethical Behavior of College Were Not Entitled to First Amendment Protection.
May 10, 2007	Court Sustains City’s Motion To Dismiss Against Plaintiff Employee Who Failed To Allege Protected Speech.
May 10, 2007	Public School Officials Do Not Have Qualified Immunity from Liability against Allegations that Special Education Teacher Physically Abused A Severely Disabled Child.
May 10, 2007	Community College District Is Not Required to Engage in Collegial Consultation with Academic Senate before Effecting Administrative Reorganization.
May 10, 2007	Employer's Unilateral Decision to Give Employees Pay Raises and Promotions Tainted Employees' Subsequent Petition Rejecting Further Representation by the Union.
May 10, 2007	Union's Unfair Practice Charge Failed Where Union Unable to Show that Court Employer Paid Interpreter Independent Contractors Premium Pay in Order to Discourage them From Applying to Become Employees.
May 10, 2007	PERB Rejects Unfair Practice Charge Alleging the Employer Had Unilaterally Modified the Contractual Layoff Procedure.
May 10, 2007	Teachers with Provisional Permits Are "Probationary" Employees Entitled to the Same Statutory Layoff Rights as Fully Credentialed Teachers When Terminated for Economic Reasons.
May 10, 2007	A Notice of Probationary Release Sent by Certified Mail is Untimely if Received After March 15.
May 10, 2007	U.S. Supreme Court Rejects Case Involving an Employee Allegedly Dismissed for Complaining About Racial Slurs.
May 10, 2007	School District's Non-Reelection of Probationary Teacher for Informing on the Conduct of a Football Coach that Harmed a Student Was Not Prohibited by Law or Contrary to Public Policy.
May 10, 2007	University Coach Must File Petition for Writ of Mandate to Challenge Whether Complaint Has Been Satisfactorily Addressed Before Filing Civil Lawsuit on Retaliation Claim.
May 10, 2007	Ninth Circuit's Ruling that Prison Can Be Liable for Inmates' Sexual Harassment of Female Prison Guards Stands.
May 10, 2007	Employer Can Be Liable for Supervisor's Harassment of Employee Outside Work Hours and Away from the Workplace.
May 10, 2007	A Failure to Implement an IEP Must Be Material to Violate the IDEA.
May 10, 2007	Discrepancy between Ability and Achievement that Can Be Corrected Through Regular Education Does Not Qualify Student for Special Education Instruction.
May 10, 2007	City And Union Cannot Agree to Treat Industrially Injured Employees Differently Than Non-Industrially Injured Employees With Respect to Use of Sick Leave.
April 10, 2007	The Court Made Sufficient Finding that School District's Actions Were “Arbitrary or Capricious” To Support Award of Attorney Fees to Parent.
April 10, 2007	Whether Private Schools Are "Pervasively Sectarian" Is Not a Controlling Factor in Whether State Bond Funding Program Is Valid Under California Constitution.
April 10, 2007	Public Agency's Outside Counsel Was Barred From Having a Financial Interest in a Separate Contract with the Public Agency.
April 10, 2007	Jury May Find a Violation of State Discrimination Law If It Determines Employer's Adverse Employment Action Was Motivated, Even if Only in Part, By Employee's Disability.
April 10, 2007	Female Lawyers Were Unable to Establish That Male Counterparts Were Given Better Pay or Benefits.
April 10, 2007	Where There Was Still Possibility of Attaining Lawful Immigration Status, Employer Liable for National Origin Discrimination When It Terminated the Employee Rather Than Putting Him on Leave Status and Giving Him a Reasonable Opportunity to Remedy the Deficiency.
April 10, 2007	No Due Process Violation Occurred When the Same Official Recommended Discipline and Also Served as the Official Hearing the Employee's Skelly Response.
April 10, 2007	Employee Who Failed To Raise First Amendment Claim in Her State Court Appeal of Her Termination Was Barred From Raising the Issue In Her Subsequent Federal Lawsuit.
April 10, 2007	Even Though Board Had Discretion to Deny an Administrative Appeal Hearing, Employee Still Had to Request the Hearing In Order to Exhaust Her Administrative Remedies and File a Civil Suit.
April 10, 2007	School Resource Officers Employed by the School District Are Exempt Employees under the FLSA.
April 10, 2007	With Respect to Personal Leave, Employers May Deduct From the Pay of Exempt Employees in Full Day Increments, and May Deduct from Leave Accounts in Partial Day Increments, Without Affecting the Employee's Exempt Status.
April 10, 2007	Alleged Defamatory Use of Fellow Student's Persona in Movie Was Not Entitled to Protection under Anti-SLAPP Statute.
April 10, 2007	Fair Employment and Housing Commission Considering Changes to Mandatory Harassment Training.
April 10, 2007	Recent Immigration Sweeps in San Rafael, California Affect School Attendance.
April 10, 2007	Department of Homeland Security's Proposed Regulations Will Penalize Employers Considered to Have Constructive Knowledge of Unauthorized Workers.
April 10, 2007	A Classified Employee Assigned to Fill In for an Employee on Temporary Disability Leave Does Not Qualify as a "Substitute Employee" for the Purpose of Salary Deduction under Education Code Section 45196.
April 10, 2007	PERB Modifies Make Whole Order against School District for Lost Wages When Enforcement of Order Could Cause Bankruptcy.
April 10, 2007	Occasionally Paying Employees on a "One-Time Basis" to Attend PERB Informal Conference Did Not Constitute a Binding Past Practice Subject to Bargaining.
April 10, 2007	PERB Has No Jurisdiction Over Unfair Practice Charge Filed By Employee of Private Company Who Contracts With a Public Agency.
April 10, 2007	Courts, Legislature Addressing Whether Local Agencies Must Go to PERB or May Go Directly to Court to Seek Injunctive Relief in Responding to Strikes.
April 10, 2007	Undocumented Workers Have Standing to Sue Employer for Failure to Pay Prevailing Wages.
April 10, 2007	In Responding to GASB 45 Reporting Requirements, CalPERS Has Established a Trust Fund for Employers to Pre-Fund Retiree Health Insurance Benefits and Other Post-Employment Benefits.
April 10, 2007	Department of Industrial Relations Issues Proposed Regulations to Clarify Requirements for Reimbursement of Employees' Travel Expenses.
April 10, 2007	FREE SPEECH -- STUDENTS Eighth Grade Gifted Students Do Not Have A Protected First Amendment Right to Wear Their Design for Class Shirt that Was Not Chosen By a Majority of Their Classmates.
April 10, 2007	Changes On The Horizon For Hearing Officer Qualifications
March 10, 2007	Community College District Has Discretion to Determine the Number of Hours that Constitute "Full-Time Instruction" for Purpose of 60 Percent Rule.
March 10, 2007	Individual Could Not Hold Positions on Boards of Two Different Water Districts Which Had Potentially Competing Interests.
March 10, 2007	Although Leave Donation Program's Qualifications Precluded Use by Employees Eligible for Regular Retirement, Evidence That Employer Denied Employee's Eligibility for Program Because of His Age Created Issue of Material Fact.
March 10, 2007	Employee With Hearing Impairment Who Was Terminated For Her Inability to Perform Her Essential Job Functions Could Not Establish That Employer Regarded Her Impairment as Limiting a Major Life Activity.
March 10, 2007	For a Discrimination Claim, A Written Reprimand Is Not an Adverse Employment Action.
March 10, 2007	Employee's Evidence of Harassment, Unsuccessful Complaints, Probation, and Exclusion from Meetings Was Sufficient to Support Jury Finding of Adverse Employment Action.
March 10, 2007	Police Chief Terminated Not For Cause Was Entitled to Reinstatement to Prior Position.
March 10, 2007	District Court Erred When It Did Not Consider Various Factors Which Could Excuse Employee's Failure to Exhaust Administrative Remedies.
March 10, 2007	Petition For Review Filed With the California Supreme Court In The Case of Spielbauer v. County of Santa Clara.
March 10, 2007	Equal Protection Rights of Public Employees are Narrower Than Those of Others.
March 10, 2007	School District Did Not Violate Student's Federal Due Process Rights under the Fourteenth Amendment by Failing to Seek Medical Attention for Him.
March 10, 2007	District Employee's Letter to Editor about Internal District Policy about Which She Disagreed Was Not Protected Speech.
March 10, 2007	Public School District Superintendent Had Valid Claim of Retaliation Regarding Her Reporting Potential Open Meeting Act Violations of the School Board.
March 10, 2007	Public School Teacher's Free Speech Rights Were Not Violated When She Was Prohibited From Expressing Her Opinion of the War in Iraq during Instructional Time.
March 10, 2007	Employer's Statements Made in Connection With a Grievance Procedure Were Protected by the Anti-SLAPP Statute.
March 10, 2007	PERB Granted Request for Reconsideration Where Compliance with PERB's Order Would Result in the Agency's Bankruptcy.
March 10, 2007	A Unilateral Mistake Only Warrants Rescission of a Contract When the Mistake Is Not Occasioned by a Failure to Exercise Ordinary Diligence.
March 10, 2007	Where Policy To Approve Release Time for Attending PERB Informal Settlement Conferences Was Not Firmly Established, Union's Claim of Unilateral Change in Policy Failed.
March 10, 2007	City Did Not Have To Bargain Over Its Proposal to Hire Retirees as Temporary, Part-Time, Non-Civil Service Employees During a Period of Extreme Staffing Shortage.
March 10, 2007	Employer Bound By Arbitration Provision In Expired Collective Bargaining Agreement Where Parties Had Agreed to Arbitrate the Facts or Occurrences in Dispute.
March 10, 2007	Despite Employee's Reasonable Expectation of Privacy Over Private Office and Workplace Computer, Employer Could Consent to Search of Both.
March 10, 2007	New Rules Restrict Access of Registered Sex Offenders to Campus.
March 10, 2007	Irvine Unified School District Settles Case with Parents of Severely Autistic Student over Gift-Giving.
March 10, 2007	Prevailing Party in Settlement Agreement that Lacked Court Approval Was Not Entitled to Attorney's Fees under the IDEA.
March 10, 2007	Administrative Hearing and Subsequent Judicial Action are "One-Action" for Purpose of Recovering Fees by the Prevailing Party.
March 10, 2007	Nonlawyer Parents Acting as Administrators of their Deceased Child's Estate May Not Proceed Pro Se to Pursue Estate's Section 1983 and IDEA claims.
March 10, 2007	School Officials May Report Student's Alleged Threat about School Violence without First Giving the Student an Opportunity to Respond to the Accusation.
March 10, 2007	One-Year Statutory Revival Period for Certain Childhood Sexual Abuse Claims Did Not Apply to Claim against Former Teacher.
March 10, 2007	Employer Was Immune from Liability for Wrongful Termination Where Alleged Liability Stemmed From Employer's Initiation of Administrative Proceedings.
February 10, 2007	Contract Giving Faculty Members Right of First Consideration for Classes Did Not Require District to Give Them Every Class They Requested.
February 10, 2007	Arbitrator Does Not Need To Disclose That He Previously Served As An Uncompensated Mediator In A Separate Matter Involving One Of The Attorneys.
February 10, 2007	Student's Sexual Harassment Claim against Charter School Does Not Need to Comply with Government Tort Claims Act.
February 10, 2007	California State Constitution Prevents Public Officers and Employees from Enforcing or Implementing AB 1381 Which Gives the Mayor of Los Angeles Authority to Administer Three "Clusters" of Schools in the LAUSD.
February 10, 2007	Court Of Appeal Finds Insufficient Evidence To Support Jury's Finding Of Disability Harassment.
February 10, 2007	A Court of Appeal Finds That A Public Employer Cannot Discipline An Employee For Refusing to Answer Incriminating Questions Even Though He Was Informed That His Answers Could Not Be Used Against Him In Any Subsequent Criminal Proceeding.
February 10, 2007	Doctor Who Refused an Order to Stop Calling for Excessive Testing and Referrals for Patients Was Properly Dismissed.
February 10, 2007	Arbitrator Upholds City's Termination of a Police Officer Who Failed to Disclose Previous Sexual Harassment Complaints Against Him.
February 10, 2007	Career School Instructors in Auto Repair Can Qualify for the FLSA Teacher Exemption.
February 10, 2007	Employee Can Count Previous Periods of Employment With Employer Towards Satisfying the 12-Month Service Requirement for FMLA Leave.
February 10, 2007	Where His Claims Are Based on School Board's Failure to Appoint Him After Learning That He Agreed to Speak at Gay Church, Former School Superintendent Can Take His Case to Trial.
February 10, 2007	University's Prohibiting Faculty and Staff From Parking In Newly Built Student Parking Facility Not A Required Subject of Bargaining.
February 10, 2007	For the Continuing Violation Doctrine to Apply In Order to Circumvent A Claim Not Filed Within the Required Statutory Period, An Underlying Unfair Practice Must Be Revived By a Subsequent Act Within the Statutory Period.
February 10, 2007	Another Superior Court Finds the Binding Interest Arbitration Law Unconstitutional.
February 10, 2007	Employer That Provides Employees With Internet Access Was Not Liable For Employee's Threatening E-mails Sent To Third Parties Over Employer's Computer.
February 10, 2007	Bid on Public Agency Contract Cannot be Declared Nonresponsive when Bid Lists Unlicensed Subcontractor on Its Form.
February 10, 2007	Officer Fails to Establish Sufficient Evidence that He Was Retaliated Against for Uncovering Crimes Against Prominent Community Members and Discriminated Against Based on Race.
February 10, 2007	Governor Schwarzenegger Establishes Commission To Address Pension And Retiree Health Care Obligations.
February 10, 2007	Decision of Commission on State Mandates Rules that Amendments to the Meyers-Milias-Brown Act Putting Local Agencies Under the Jurisdiction of the Public Employment Relations Board, and Supplementing Agency Shop Provisions, Imposed a Mandate on the State to Reimburse Costs Incurred by Local Agencies.
February 10, 2007	Consolidated Post-Bankruptcy Petition Loan Extinguishes Pre-Petition Student Loans and Thus Is Not Subject to Attack under Undue Hardship Provision.
February 10, 2007	Classification of a Certificated Employee as Temporary Must Be Based Upon the Manner of Service Performed or Position Occupied and Not Upon the Credential Held by the Employee.
February 10, 2007	A Written Statement Containing Adequate Information To Advise A Public Agency That Plaintiff Sustained Personal Injuries Substantially Complied With Requirements Of Tort Claims Act.
February 10, 2007	Governer Issues Executive Order.
January 10, 2007	Larger School Districts Must Begin Compliance with GASB 45 in the Next Fiscal Year.
January 10, 2007	Arbitrators Are Not Prohibited From Interpreting Statutes.
January 10, 2007	Parties To A Binding Arbitration Agreement Cannot Contractually Agree To Expand The Court's Jurisdiction To Review The Arbitration Award For Legal Error.
January 10, 2007	Employees Subject To A Collective Bargaining Agreement Are Not Required To Follow The Arbitration Clause When Their Claims Do Not Arise Under the Agreement.
January 10, 2007	Payments Made to Former Employee to Help Pay for COBRA Premiums May Be Subject To FICA Taxes.
January 10, 2007	An Employee Cannot Proceed With Her California Family Rights Act Claim Where There Was a Legitimate and Nondiscriminatory Reason for Termination.
January 10, 2007	Charter Schools Must Be Non-Profit Entities to Qualify for Federal Funds under the IDEA and ESEA.
January 10, 2007	The Charter School Defendants in Wells v. One2One Learning Foundation and Their Operators Are "Persons" Subject to Suit under the California False Claims Act and the Unfair Competition Law.
January 10, 2007	Damage Awards For Emotional Distress and Loss of Reputation Held Not To Be Taxable Income.
January 10, 2007	School Principal Who Experienced Stress And Depression At His School Failed To Show That He Was Disabled Under The ADA Because He Was Able To Work In Other School Locations.
January 10, 2007	UPS Failed To Establish That It Was a Business Necessity to Exclude Hearing Impaired Individuals As Drivers Who Could Not Pass a Hearing Test Which Did Not Apply to the Vehicles They Were to Operate.
January 10, 2007	Employee's Almost $3 Million Verdict and Attorney's Fees Award Was Supported By Substantial Evidence That She Was Not Promoted and Eventually Discharged Based on Her Gender and In Retaliation for Her Complaints.
January 10, 2007	Employee Placed on Paid Administrative Leave Pending Completion of Criminal and Internal Affairs Investigations Was Not Subjected to Adverse Employment Action.
January 10, 2007	The EEOC and Justice Department Reach a Consent Decree with Union and State to Protect Right of Religious Objectors To Not Pay Union Dues.
January 10, 2007	County Library Can Exclude A Church From Using Its Meeting Rooms For Religious Worship, But Not For Topics Discussed From a Religious Perspective.
January 10, 2007	Assistant Superintendent Was Not Denied Due Process When He Was Suspended Without Pay And Terminated.
January 10, 2007	Agency's Investigation Into Allegations That Criminal Investigator Had Sexual Relations With Crime Victim Did Not Violate the Employee's Due Process Rights.
January 10, 2007	Court Finds That Drivers for Courier Service Are Employees and Not Independent Contractors.
January 10, 2007	The U.S. Department of Education Office of Civil Rights Issues Final Regulations Regarding Single-Sex Educational Opportunities.
January 10, 2007	State Agency Entitled to Access Student and Directory Information of Students Attending District Facility for Emotional Disturbed Students to Investigate Allegations of Abuse and Neglect at School.
January 10, 2007	IDEA and FERPA Did Not Prevent Agency Designated by State to Investigate Abuse of Individuals with Mental Disabilities from Obtaining the Names of Students Suspected of Being Abused from the State's Department of Public Instruction.
January 10, 2007	Political Affiliation Can Be a Job Criterion for an Accounting Bureau Chief, Where That Position Involves Making Policy and the Exercise of Political Judgment.
January 10, 2007	District's Discipline of Student for Wearing T-shirt Critical of President Bush That Also Contained Anti-Drug and Alcohol Related Images and Text Violated Student's Free Speech.
January 10, 2007	First Amendment Did Not Protect High School Basketball Players' Refusal to Board Bus.
January 10, 2007	Fair Employment and Housing Commission Adopts Final Regulations for Mandatory Harassment Training.
January 10, 2007	College District Governing Board May Renegotiate Health Benefits under Collective Bargaining Agreement in Which Board Member Has a Financial Interest If the Financially Interested Board Member Is Not Part of Decision-Making Process.
January 10, 2007	United States Supreme Court Accepts Consolidated Review of Two Cases That Challenge Opt-In Requirement for Use of Nonmember Fees for Union Political Activities.
January 10, 2007	When an Employer Allegedly Violates a Term of a Collective Bargaining Agreement Regarding a Permissive Bargaining Subject, a Union's Remedy Is a Court Action for Breach of Contract Rather than an Unfair Practice Charge Filed With the PERB.
January 10, 2007	Legislature's Enactment of Wage Freeze If Necessary and Reasonable to Address City's Fiscal Crisis Did Not Violate the Constitution's Contracts Clause and Takings Clause.
January 10, 2007	Agency's Closure of the Employee Cafeteria Was a Mandatory Subject of Bargaining and Subject to Interest Arbitration.
January 10, 2007	Agency Must Allege Specific Facts To Support Allegation That Union Planned or Authorized a Sickout.
January 10, 2007	Union Must Refund All Agency Fees to Non-Union Employees Where Union Failed To Show What Proportion of the Fees Went to Fund Costs of Serving As Exclusive Bargaining Representative.
January 10, 2007	Arbitrator Upholds Termination of Police Officer Who, Contrary to The Agency's Policy, Spoke to the Media About An Investigation.
January 10, 2007	Court Finds That Fire Department Was Not a Covered Entity Under Medical Privacy Laws and Thus Employees' Medical Records Maintained By The Department Were Subject To Disclosure.
January 10, 2007	Court Finds That There Was No Cause of Action Against City Manager Or Police Chief for Violation of the Brown Act Even Though The City Manager Engaged in Serial Meetings With City Council Members. However, Alleged Conversations by Council Members with Each Other Did State a Claim for Violation of the Act.
January 10, 2007	Two Council Members Are Unsuccessful in Their Suit Against the City to Mandate an Earlier Ending Time for Council Meetings.
January 10, 2007	California Community Colleges Chancellor's Office Issues Advisory Opinion on Responding to Public Records Request by Pick-A-Prof For Information on Aggregate Grades Given by Individual Faculty Members For Courses Offered Each Semester.
January 10, 2007	School Districts in Six States Have Been Targeted For Public Record Requests Brought About By “Citizens in Charge” for the Purpose of Uncovering Abuse and Misuse of Public Resources.
January 10, 2007	Investigation Report Regarding a School Superintendent's Alleged Misconduct Is Subject To Disclosure Under the Public Records Act.
January 10, 2007	Prosecutor Is Not Required to Produce Various Types of Criminal History Information Under the Public Records Act.
January 10, 2007	Employee Who Was Laterally Transferred With Same Pay and Benefits, But Fewer Responsibilities, Demonstrated Enough Evidence of Retaliation To Go To Trial Under New Supreme Court Standard.
January 10, 2007	Employee Sufficiently Stated a Cause of Action For Retaliation Where He Alleged that His Supervisor Imposed a Series of Adverse Actions Against Him After He Supported the Discrimination Claim of Another Employee.
January 10, 2007	Structures Being Established to Facilitate Pre-Funding By Local Government Of Retiree Health Benefits Pursuant To GASB Regulation 45.
January 10, 2007	United States House of Representatives Approves Bill That Requires Local School Boards to Implement Policies Governing Student Searches or Risk Losing Federal Funding.
January 10, 2007	Reports Show Schools May Be Underreporting Criminal Activity.
January 10, 2007	Highly Gifted 13-Year Old Student Is Not an "Individual with Exceptional Needs" and Thus Not Entitled To a College Education Paid for by the California Department of Education.
January 10, 2007	Plaintiff Is "Prevailing Party" for Purpose of Awarding Attorney Fees Even Though Plaintiff Did Not Prevail on All IDEA Claims.
January 10, 2007	United States Supreme Court Accepts Review of Case to Decide Whether Nonlawyer Parent Can Represent Child in Federal Court under the IDEA.
January 10, 2007	Funding Battles Continue Between Districts and Parents over the Best Use of Limited Funds to Educate Special Education Children.
January 10, 2007	California High School Suspends Enforcement of Dress Code Rule Banning Clothes with Large Logos.
January 10, 2007	Maryland School Requires Students to Wear Color-Coded Badges To Identify Students Belonging to Particular Groups.
January 10, 2007	School Districts Nationwide Seek to Severely Punish or Expel Students for What They Write on MySpace and Facebook.
January 10, 2007	When An Employee Is Entitled to Payment for Accrued and Vested Vacation Upon Termination of Employment, The Statute of Limitations Begins To Run Once the Employee Is Terminated And Not When the Vacation Is Accrued.
January 10, 2007	Employee Could Not Be Disciplined For the Accusatory Nature of His Speech If the Content of His Speech Was Protected.
January 10, 2007	School Districts Should Begin Preparing Now for Possible Layoffs.
January 10, 2007	Discovery Rulings in Similar Case Cannot Be Used as Evidence in Support of Motion for Summary Judgment.
January 10, 2007	Board of Governors Revises Title 5 Regulations for Graduation Competency Requirements for Associate Degree.
January 10, 2007	City Council May Donate Public Funds to the Chamber of Commerce, Even Though A Council Member is the President of the Chamber and His Spouse is an Employee of the Chamber.
January 10, 2007	City May Execute Subdivision Improvement and Reimbursement Agreements With Landowner Who Is Also a Council Member's Employer, If the Council Member Discloses His Interest and Abstains from Voting.
January 10, 2007	Kentucky's Disability-Retirement Benefits Plan Which Disqualified Employees For Benefits Based On Their Age and Gave Younger Employees Higher Monthly Payment Benefits Was Discriminatory On Its Face.
January 10, 2007	Ninth Circuit Holds That Individuals Cannot Be Sued Under the ADA.
January 10, 2007	Preferential Native Hawaiian Admission Policy of Private Hawaiian School Which Receives No Federal Funds Does Not Violate 42 U.S.C. Section 1981.
January 10, 2007	United States Supreme Court Has Heard Oral Arguments regarding Two Cases Involving Voluntary Public School Integration Plans.
January 10, 2007	Board of Trustees of Capistrano Unified School District Has Voted to Stop Using Students' Race to Determine Where Students Will Go To School.
January 10, 2007	Birmingham (Ala.) Board of Education Settles Whistle-Blower Case with High School Coach Who Alleged Discrimination Against Female Athletes at the School.
January 10, 2007	New Federal Court Rules on Discovery of Electronic Information May Require Changes in Email Retention Policies.
January 10, 2007	Department of Labor Opines On When School Staff's Assistance With Coaching Sports or Other Extracurricular Activities Constitutes Volunteering Rather Than Compensable Time.
January 10, 2007	Employee Who Regularly Works Part-Time Jobs For Her Employer In Addition To Her Primary Position Cannot Waive Her Right to Overtime Pay.
January 10, 2007	Firefighter Entitled To Overtime For Hours He Was Scheduled To Work Even Though Another Firefighter Substituted For Him.
January 10, 2007	Bona Fide Benefits Plan Which Provides For One Week of Sick/Vacation Leave and One Sick/Personal Leave Day After One Year of Employment Qualifies for Salary Deductions If An Exempt Employee Has Not Qualified For Leave Or Has Exhausted His Leave Allowance.
January 10, 2007	Civilian Public Safety Dispatchers Are Entitled to Overtime For All Hours Worked In Excess of 40 in a Workweek.
January 10, 2007	Part-Time Firefighters May Become Volunteer Firefighters If They Terminate Their Part-Time Employment.
January 10, 2007	Council Member Who Was Forced To Resign Firefighter Position Because of a Conflict of Interest And Then Served As A Volunteer Firefighter Held Not To Have Been Coerced Into Volunteering.
January 10, 2007	City's Community Events Supervisor Positions Satisfied the FLSA Tests for Administrative Exemptions.
January 10, 2007	Based on a Fact-Sensitive Analysis, the Department of Labor Determined That the IT Support Specialist Position Described Did Not Qualify for the Administrative or the Computer Employee Exemption.
January 10, 2007	The Department Of Labor Seeks Comment On Proposed Family Medical Leave Act Regulations.
January 10, 2007	2006-2007 California Budget Increases Funding for Education.
January 10, 2007	Employee Who Reported Fraud and Was Later Discharged Acted Within the Scope of Her Job Duties and, Thus, Could Not Claim Retaliation In Violation of the First Amendment.
January 10, 2007	Permissive Subject of Bargaining Is Not Transformed Into Mandatory Subject of Bargaining by its Inclusion in a Collective Bargaining Agreement
January 10, 2007	County's Policy Requiring That A Majority of Eligible Unit Employees Vote In Order To Certify An Exclusive Representative Violated The Meyers-Milias-Brown Act, Which Only Requires A Majority Of Votes Cast.
January 10, 2007	Court of Appeal Finds That Supervisor's Questioning of an Officer Regarding Whether the Officer Properly Followed Procedures Was Not an Interrogation under the Public Safety Officers Procedural Bill of Rights.
January 10, 2007	Written Reprimand Issued More Than One Year After Discovery of Alleged Misconduct Violated the Public Safety Officers Procedural Bill of Rights.
January 10, 2007	United States Supreme Court Has Declined to Accept Review of Sex Survey Case.
January 10, 2007	Fifth Circuit Finds That HIPAA Does Not Give Rise to a Private Cause of Action.
January 10, 2007	Parents of Severely Autistic Student in Irvine Unified School District Allegedly Forced to Give Expensive Gifts to Employees to Obtain Sufficient Schooling of Their Son.
January 10, 2007	United States Supreme Court Agrees to Accept Review of "Bong Hits 4 Jesus" Free Speech Case.
January 10, 2007	Students in Edwardsville, Illinois Expelled for On-Campus Fight Arranged on MySpace.com.
October 10, 2006	Arbitrator's Award In Wrongful Termination Action Is Not Reviewable for Claimed Errors of Law.
October 10, 2006	Superior Court Judge Dismissed Suit By Charter School to Share Facility Space with San Diego Unified School District.
October 10, 2006	Under Certain Circumstances, A City Council May Enter Into A Subdivision Improvement Agreement With A Condominium Developer Even Though One Of The Council Members Is A Renter In The Complex Being Converted to Condominiums.
October 10, 2006	An ALJ's Basis For Rejecting The Examining Physician's Opinion Was Not Supported By Substantial Evidence.
October 10, 2006	In a Case Involving a "Close Call" Promotion, The D.C. Circuit Court of Appeals Refused To Question An Agency's Decision To Promote a Younger, Caucasian Female Over an Older, African-American Female.
October 10, 2006	California Supreme Court To Review Case Regarding Incapacitated Employee Found Not To Be A Qualified Claimant Under Disability Law At Time Employer Filled Her Job.
October 10, 2006	Female Firefighter Denied Promotion In Favor of Male Candidates Could Not Establish Triable Issues Of Fact By Citing a Few Isolated, Allegedly Comparable Qualifications To A Successful Candidate's Overall Superior Qualifications.
October 10, 2006	Employee Held to Have Exhausted Her Administrative Remedies For Title VII Sex Discrimination Claim Even Though Her EEOC Complaint Only Alleged Retaliation.
October 10, 2006	Probationary At-Will Employee Was Not Entitled to Pre-Termination Hearing to Protect Her Reputational Liberty Interest; A Post-Termination Hearing Satisfied Due Process.
October 10, 2006	Prudent Person Duty of Care Applies To Student Injured During Physical Education Golf Class at School.
October 10, 2006	State Was Immune from Suit under FMLA When Claim Did Not Relate to Gender Discrimination.
October 10, 2006	Employer Who Failed To Provide Employee with His Family and Medical Leave Act Rights and Providing Fifteen Days to Provide Medical Certification Violated the FMLA as a Matter of Law.
October 10, 2006	Deputy Sheriff Who Was Denied Promotion Because Of His Public Criticism of the Sheriff Provided Enough Evidence for His First Amendment Suit To Go To Trial.
October 10, 2006	Agency Liable For Failing To Remedy Hostile Work Environment Created By Prison Inmates And For Retaliating Against Complainant.
October 10, 2006	Inordinate Number of Absences at Schools of Bargaining Team Members during "Sick Out" Is Insufficient to State Prima Facie Case That Union Was Responsible for the Action.
October 10, 2006	PERB Finds Union's Evidence Insufficient to Establish Claims for Retaliation, Denial of Union Representation, Unilateral Changes to Terms and Conditions of Employment, and Failure to Provide Information.
October 10, 2006	University Did Not Interfere With Employees' Rights By Removing Union Flyers Which Were Posted In Areas Not Agreed Upon By the Parties.
October 10, 2006	County Did Not Violate the Meyers-Milias-Brown Act By Continuing to Deduct Dues Until Shortly After the Former Union Was Decertified and The New Union Was Certified.
October 10, 2006	University Did Not Discriminate Against An Employee Who Failed To Show She Had Participated in a Protected Activity; University Also Did Not Violate Employee's Representation Right Where the Employee Never Requested Union Representation.
October 10, 2006	Arbitrator Decides that Alleged Past Practice Violation Not Subject to Parties' Grievance Arbitration.
October 10, 2006	When A Collective Bargaining Agreement Provides a Grievance and Binding Arbitration Mechanism, A Party to the Agreement Must Exhaust the Dispute Resolution Mechanism Before It Can File a Civil Action.
October 10, 2006	In A Hybrid Case of Breach of Duty of Fair Representation Against Union and Breach of Collective Bargaining Agreement Against Employer, Trial Court Did Not Err When It Granted Summary Judgment in Favor of Both After Finding There Was No Breach Of The Collective Bargaining Agreement.
October 10, 2006	Minimum Wage to Increase To $7.50 Per Hour In 2007 and To $8.00 Per Hour in 2008.
October 10, 2006	United States Department of Education Issues Final Regulations Regarding Implementing Accountability Provisions for Limited English Proficiency Students.
October 10, 2006	Penal Code Provisions Protect Records From an Administrative Proceeding Involving a Peace Officer From Disclosure Under the California Public Records Act.
October 10, 2006	Employees Had Actionable Invasion of Privacy Claim When Employer Had Surveillance Cameras In Their Office Even Though Their Images Were Not Recorded.
October 10, 2006	California State Court Denies Motions for Summary Judgment that Challenge Whether A School Board's Policy To Maintain Racial and Ethnic Balance Violates Proposition 209.
October 10, 2006	Pacific Legal Foundation Files Suit Against Berkeley Unified School District Regarding Alleged Racial Preferences in Assigning Students to Schools.
October 10, 2006	Officer and Supervisor Who Retaliated Against Citizen For Complaining About the Officer Forced To Pay Economic, Noneconomic, and Punitive Damages.
October 10, 2006	Court Finds That There Was Insufficient Evidence to Support a Jury's Finding of Retaliation.
October 10, 2006	Court Upholds Jury Verdict Finding that Employer Retaliated Against Employee in Violation of the Uniformed Services Employment and Reemployment Rights Act.
October 10, 2006	School Bond Proposition Met the Constitutional Requirement of Specificity When Ballot Pamphlet But Not Ballot Itself Included A List of Projects To Be Funded.
October 10, 2006	Attorney-Mother Could Not Obtain Attorney Fees for Representing Her Child in IDEIA Proceedings.
October 10, 2006	The Amount Recovered For Attorneys' Fees Under the IDEIA Depends Upon the Degree of Success That A Parent Obtains On His/Her Claims.
September 10, 2006	Employee Failed to Exhaust Administrative Remedies When She Failed To File Her Charges With the Equal Employment Opportunity Commission Within 180 Days of the Last Alleged Discriminatory Act and Her Claims Did Not Qualify for the State's 300-Day Filing Deadline.
September 10, 2006	California Supreme Court Holds That Employment Contract Providing That Employment Is At-Will And Can Be Terminated At Any Time Is Not Ambiguous and Means That Employment Can Be Terminated At Any Time With or Without Cause.
September 10, 2006	On-Line Charter School Cannot Obtain State Funding for Pupils that Do Not Live In or Adjacent to County Where School Is Chartered.
September 10, 2006	EEOC's Proposed Regulations Establish That the ADEA Does Not Prohibit Preferences for Older Employees Over Younger Ones Even If Younger Ones Are Over the Age of 40.
September 10, 2006	San Ysidro School District Settles Lawsuit with Former School Counselor Regarding Return from Medical Leave for $775,000 and Agreement to Rehire.
September 10, 2006	HIV-Positive Candidate Demonstrates Triable Issues Regarding Whether Foreign Service Officer Position Requires Availability for Worldwide Assignments and Whether His Proposed Accommodations Are Reasonable.
September 10, 2006	The Unruh Act and the Disabled Persons Act Do Not Incorporate Title I of the Americans with Disabilities Act And Cannot Be Used to Enforce the ADA's Employment Protections.
September 10, 2006	Police Officers Were Not Entitled to Overtime Pay For Time Spent Off-Duty During Which They Were Required To Wear Pagers and Be Available to Respond to Emergencies.
September 10, 2006	Employee Who Was Not Asked By Employer For Substantiating Documentation Prevailed On His FMLA Claim For Damages, But Court Ordered Recalculation of $700,000 Damages Award.
September 10, 2006	Alumnus of Private Educational Institution Lacks Standing to Bring Claim under Leonard Law.
September 10, 2006	California Teachers Association (CTA) Is Not Exclusive Representative for Certificated Bargaining Union and Exclusive Representative Did Not Have a Duty of Fair Representation in Extra-Contractual Forums.
September 10, 2006	PERB Finds That University Was Not Required to Bargain Over Its Contracting with a Non-Profit Corporation to Develop and Maintain Housing for Staff and Students.
September 10, 2006	Police Department's Implementation of Racial Profiling Study Is Not Subject to Meet and Confer Requirement.
September 10, 2006	Three Public Sector Unions Atop the Lobbying List.
September 10, 2006	Largest State Employees Union Settles.
September 10, 2006	Legislative Counsel Opines the Mayoral Takeover of LAUSD Is Unconstitutional.
September 10, 2006	Employee Had No Reasonable Expectation of Privacy Over Workplace Computer's Hard Drive Where The Computer Was Company-Owned and the Company Conducted Routine Monitoring of Employees' Computer Activity.
September 10, 2006	President George W. Bush Signs the Pension Protection Act of 2006 Into Law, Which Provides Some Benefits to Public Sector Employees.
September 10, 2006	Agency Must Actually Sever the Employment Relationship Before A Disability Retirement Applicant Can Claim He or She Was Dismissed.
September 10, 2006	Female Truck Driver Entitled to Trial on Her Complaint of Sexual Harassment and Hostile Work Environment.
September 10, 2006	Plaintiff Is Not Prevailing Party for Purposes of Attorney's Fees under the IDEA Where Settlement Agreement Lacks Judicial Imprimatur.
September 10, 2006	Ninth Circuit Denies Request for an En Banc Rehearing of Harper v. Poway Unified School District.
August 10, 2006	California Supreme Court Holds That City Attorney And His Office Were Properly Disqualified When Representing City In A Matter Related To City Attorney's Former Representation Of Company.
August 10, 2006	Third Circuit Upholds Jury Verdict Finding That Three Teachers Were Discriminated Against When They Were Paid Lower Salaries Than Younger Teachers With Substantially The Same Qualifications.
August 10, 2006	Summary Judgment in Favor of County Reversed Where There Was No Showing of an Effort to Determine Availability of Reasonable Accommodation.
August 10, 2006	Transsexual Employee Did Not Have Sufficient Evidence To Establish Claims of Discrimination.
August 10, 2006	Court Dismisses Police Officer's Claim of Discrimination Where Officer Claimed He Was Not Assigned To A Detective Position Because He Was An Active Union Member.
August 10, 2006	Complainant's Attorney Can Verify Complainant's DFEH Complaint By Signing His/Her Own Name.
August 10, 2006	Time Spent By Police Officers Training on the Use of a Firearm that the Officers Carry Voluntarily During Off-Duty Hours Is Not Hours Worked Under the Fair Labor Standards Act If the Training Occurs Outside the Officer's Regular Working Hours.
August 10, 2006	Home-Care Employees are Exempt from the Act's Overtime Provisions.
August 10, 2006	Employer Cannot Deduct From The Salary of Fluctuating Workweek Employees For Employees' Absences.
August 10, 2006	Eleventh Circuit Holds That Deputy Sheriffs' Participation in Pornography Does Not Constitute Protected Speech.
August 10, 2006	Police Officer/Minister Survives Motion For Summary Judgment In His Association And Exercise Of Religion Claims Against Police Department Which Allegedly Failed To Accommodate his Ministerial Schedule In Retaliation For His Association With The Union.
August 10, 2006	High School Student Files Lawsuit against School District for Stopping His Efforts To Organize And Protest Illegal Immigrants.
August 10, 2006	Proposed Federal Regulations Impose Heightened Standards on Employers With Respect To When They Have Constructive Knowledge That An Employee Lacks Legal Presence.
August 10, 2006	Supervisory Employees Must Have Significant Responsibility For Administering School Policy To Qualify as Management Employees.
August 10, 2006	PERB Rejects Agency Fee Payer's Charge Against Union That Alleged Withholding of Information Regarding Collective Bargaining and Exclusion From Voting Where Employee Had Notice and Opportunity to Be Heard.
August 10, 2006	With Respect to Agency Fee Objectors, PERB Regulations Require that The Union Request an Agency Fee Hearing Within 45 Days of the Last Date For Agency Fee Payers to Object to the Union's Claimed Non-Chargeable Fees.
August 10, 2006	New Court Challenge to Binding Interest Arbitration Law.
August 10, 2006	The Service Employees International Union Plans a Major Reorganization, Restructuring Its Local Government Operations in California Into Four Regional Locals.
August 10, 2006	City Must Meet And Confer Regarding Change in Police Officers' Use of Compensatory Time Off For Vacations.
August 10, 2006	Court of Appeal Holds That State Law Regarding Recognition of Transit District Supervisory Bargaining Unit Takes Precedence Over Federal Law.
August 10, 2006	Public Entity Can Wait Until Completion of Negotiation Process before Disclosing Competing Proposals for City Lease Project.
August 10, 2006	In a Case With Potentially Significant Impact on Employers' Liability, U.S. Supreme Court Expands Scope of the Meaning of Adverse Actions that Could Constitute Actionable Retaliation.
August 10, 2006	Repeated Imposition of Discipline Held Not to Be The Basis for Hostile Work Environment Claim.
August 10, 2006	The California State Teachers' Retirement System May Make A Deduction From a Member's Retirement Allowance And Redirect The Amount To A Political Action Committee At The Member's Request.
August 10, 2006	Male Employee Created Triable Issues When He Presented Evidence That His Male Co-Workers Made Derogatory Comments About His Perceived Homosexuality.
August 10, 2006	Federal Government Issues Long- Awaited IDEA 2004 Final Regulations.
August 10, 2006	Fee-shifting Provision of the IDEA Does Not Authorize Prevailing Parents to Recover Expert Fees.
August 10, 2006	Education Code Procedures Governing the Decertification of Private Schools to Provide Special Education Services Are Constitutional On Their Face.
August 10, 2006	As a Condition of Receiving Title I Part A Funds, United States Department of Education Requires Report from State on Public School Choice.
August 10, 2006	State Required To Align Policies for Rewards and Sanctions with Federal Policy as Condition of Grant Under Title I, Part A.
August 10, 2006	School District Has Immunity from Lawsuit Where Death of Student Occurred Off Campus and Outside of Supervision of District.
July 10, 2006	Under the Fair Employment and Housing Act, Employers Must Provide Reasonable Accommodation and Participate In The Interactive Process With Employees "Regarded As" Disabled, Even If Not Actually Disabled.
July 10, 2006	Impact of U.S. Supreme Court Decision Limiting Employee Speech Rights When Made In Connection With The Employee's Official Duties.
July 10, 2006	School District's Decision to Close Two Elementary Schools Was Exempt from California Environmental Quality Act.
July 10, 2006	Under FEHA, Neither Complainant Nor the DFEH Need To Serve The Employer With An Administrative Complaint When He/She Does Not Seek An Administrative Investigation.
July 10, 2006	Police Officers Who Act in Good Faith and Without Malice under Apparent Authority of a Community College's Permit Policy Are Immune from Liability under Government Code Section 820.6.
July 10, 2006	CalPERS Board Yields On Maintaining Benefits At A Price of Double Digit Increases In Premiums.
July 10, 2006	PERB Holds That Issuing A Survey To All Employees Did Not Constitute Bypassing the Union, and Maintaining An Adamant Bargaining Position Was Not Surface Bargaining.
July 10, 2006	An Unfair Labor Practice Charge Is Subject To Being Deferred To Contractual Arbitration If The Issues Are Resolvable Under The Collective Bargaining Agreement.
July 10, 2006	Public Agency Obligated to Provide Union With Requested Information Relevant to Allowing Union to Perform Its Duties of Representation.
July 10, 2006	University Did Not Breach Its Duty to Negotiate in Good Faith When It Gave The Union Adequate Notice of Its Proposed Policy Change And The Parties Could Not Agree To A Negotiation Setting.
July 10, 2006	Insufficient Postage Was Not Good Cause To Excuse Late PERB Filing.
July 10, 2006	Penal Code Section 148.6 Criminally Punishing Citizens Who Knowingly File False Complaints Against Peace Officers Is Unconstitutional.
July 10, 2006	Court of Appeal Holds That Police Officer's Dishonesty During a Criminal Investigation Was Not Sufficient To Warrant Termination Because The Lie Purportedly Did Not Affect The Public Service.
July 10, 2006	U.S. Department of Education May Withhold Federal Aid from California for Failing to Help Students Transfer out of Low-Performing Schools.
July 10, 2006	California State Teachers' Retirement System May Deduct an Amount from a Member's Retirement Allowance and Redirect to Political Action Committee at the Member's Request.
July 10, 2006	Legislative Body Does Not Have To Publicly Report Its Decision And The Vote or Abstention of Each Member When It Considers And Rejects A Proposal To Dismiss An Employee.
July 10, 2006	Under The Public Records Act, Law Enforcement Agencies May Not Require Certain Evidence to Support Requester's Declaration That Request Is For Journalistic Purpose.
July 10, 2006	Employee Who Waited for Grievance Process to End Exceeded the Statute of Limitations To File An EEO Complaint.
July 10, 2006	City Council Members Can Redirect Health Benefits To A Deferred Compensation Plan Without Violating The Statutory Compensation Limitation.
July 10, 2006	California Supreme Court Holds That Amendment To FEHA Was A Clarification, Not A Change, So Employers Can Be Found Liable For Harassing Conduct By Third Parties Committed Prior to Amendment's Enactment.
July 10, 2006	First Circuit Court of Appeals Upholds $1 Million Jury Verdict in Favor of Employee Who Was Sexually Harassed By Her Supervisor Where Department Officials Did Not Respond To Her Complaints.
June 10, 2006	The United States Supreme Court Agrees To Review Two Cases Regarding Affirmative Action in Public School Student Assignment Decisions.
June 10, 2006	Seventh Circuit Holds That Male Employees Failed To Prove Reverse Discrimination in the Hiring and Promoting of Female Candidates.
June 10, 2006	Appellate Court Denies Motion to Expedite Ruling on Exit Exam Suit.
June 10, 2006	Incapacitated Employee Not a Qualified Claimant Under California's Disability Law At Time Employer Filled Her Job.
June 10, 2006	EEOC Issues New Guidelines Regarding Race and Color Discrimination To Target More "Contemporary" Forms of Discrimination.
June 10, 2006	Employers May Not Deduct from Exempt Employee's Salary for Loss or Damage to Employer's Property - And Is Limited in Imposing Discipline for Exempt Employee's Failure to Make Up Missed Hours Expected to be Worked.
June 10, 2006	Fifth Circuit Holds That Employee Was Not Entitled to FMLA Leave When He Requested Permission To Take Frequent and Unscheduled Bathroom Breaks And Failed To Provide Supporting Medical Evidence.
June 10, 2006	Grant Funds Available To Teach More Effective Bargaining Over Health Insurance Rates.
June 10, 2006	Governor Gives Additional $5 Billion to State's Public Schools.
June 10, 2006	First Amendment Protects High School Basketball Players' Petition Requesting Resignation of Coach But Not Their Refusal to Participate In the Game.
June 10, 2006	Public School May Restrict Student from Wearing T-shirt Bearing Anti-Gay Statements in Interest of Maintaining Effective Learning Environment for Students.
June 10, 2006	Agency Did Not Violate Employee's First Amendment Rights By Prohibiting Employee From Talking To Clients About Religion, Posting Religious Symbols In His Cubicle, And Holding Religious Meetings in Agency's Conference Room.
June 10, 2006	Eighth Circuit Holds That Different Treatment of Female Firefighters in Providing Protective Clothing and Bathroom and Shower Facilities Constitutes Illegal Gender Discrimination.
June 10, 2006	Union Has No Right to Insist On the Setting for Negotiations and Thus Fails to Establish That University Breached Its Duty to Bargain When Parties Agree to Bargain but Disagree On Place.
June 10, 2006	PERB Finds That There Has Been No Unilateral Contracting Out of Bargaining Unit Work When Unit And Nonunit Employees Have Traditionally Had Overlapping Duties.
June 10, 2006	A Petition To Compel The Disclosure of Financial Records Is Not An Unfair Practice Charge And Is Properly Dismissed When The Records Have Been Produced.
June 10, 2006	Good Faith Bargaining Requires Employer, Upon Request by Union, To Provide Corroborative Financial Evidence When Claiming Inability To Pay.
June 10, 2006	PERB Upholds Dismissal of Union's Unfair Labor Practice Charge Based on Employer's Reneging of Tentative Agreements.
June 10, 2006	The California Supreme Court Holds That Under San Francisco's Charter an Impasse in Negotiations Between the Civil Service Commission and the Fire Fighters Union Regarding a Change in Promotional Procedures is Not Subject to Binding Arbitration.
June 10, 2006	PERB Finds That Employer's Refusal to Utilize the Newly Negotiated Process to Resolve Grievability of Several Grievances Constituted Repudiation of a Contractual Provision.
June 10, 2006	Second Circuit Holds That Athletic Director Terminated After Speaking Out Against School's Investigation Of A Hazing Incident Had Sufficient Evidence To Support His Retaliation Claim.
June 10, 2006	PERB Holds That, The Fraudulent Portions Aside, The Charging Party's Allegations Accepted As True Still Failed To Establish A Prima Facie Claim of Retaliation for Filing a Grievance.
June 10, 2006	District Court Did Not Abuse Its Discretion When It Declined To Award Attorney Fees to Parents of Child with Disability That Prevailed On Some Issues.
June 10, 2006	Office of Administrative Hearing Is Not Necessary or Indispensable Party In Case Regarding Funding of Autistic Child's Educational Services
June 10, 2006	Community College District May Deny Faculty Tenure for Performance Issues Outside of the Classroom.
May 10, 2006	An Employee's Adverse Ruling To Her First Petition For Reinstatement Did Not Prevent Her From Filing A Second Petition When It Involved Different Rights.
May 10, 2006	Employee Relieved of Certain Assignments And Job Responsibilities And Ignored By Co-Workers Was Not Victim Of Disability Discrimination Or Employer's Failure To Provide Reasonable Accommodation.
May 10, 2006	Host School for Intercollegiate Baseball Game Did Not Breach Duty of Care to Visiting Athlete Injured During The Game.
May 10, 2006	University Not Required Under the Education Code To Appoint A Former Dean To A Facility Position When No Available Position Exists.
May 10, 2006	College Externs Who Are Not Paid And Do Not Provide Any Immediate Advantage To Employers Are Not Employees Under The FLSA.
May 10, 2006	Law Enforcement Agencies Can Pay Officers Who Handle Canines And Also Perform Normal Law Enforcement Duties At Time And A Half Based On The Lesser Canine Rate.
May 10, 2006	A School Is Not Required To Fund A Student Organization Which Excludes Members Based On Religion and Sexual Orientation.
May 10, 2006	Eighth Circuit Holds That Balancing Test Weighs In Favor Of The Government When Policy Making Employee's Speech Concerns Substantive Views Related to Her Job.
May 10, 2006	A Temporary Employee Who Exercised Her Right To Free Speech Can File Retaliation Suit Against Her Employer.
May 10, 2006	California Supreme Court Considers Whether Third Party Harassment Liability Law Should Be Applied Retroactively.
May 10, 2006	Religious Objectors Are Required to Pay a Sum Equivalent to Union Dues to a Charity.
May 10, 2006	Union's Inaction Waives Its Right to Bargain A Board Policy, But Certain Provisions Found To Violate Employee Rights.
May 10, 2006	PERB ALJ Finds That County Did Not Transfer Bargaining Unit Work Out Of The Unit and Dismisses Unfair Practice Charge and Complaint.
May 10, 2006	Evidence Failed To Support The NLRB's Finding That Union Failed To Establish Anti-Union Animus As A Motivating Factor In Employer's Decision To Subcontract.
May 10, 2006	Court of Appeal Holds That "Regular" Employment Can Only Be Determined Legislatively And That There Can Be No De Facto "Regular" Employment, Despite Ninth Circuit's Contrary Ruling.
May 10, 2006	Third Circuit Finds That Plaintiff Must File A Facially Valid Complaint In Order To Be Protected From Retaliation Under Title VII.
May 10, 2006	Ninth Circuit Holds That Company's Workplace Appearance Policy Requiring Women Wear Makeup Is Not Sexually Discriminatory.
May 10, 2006	Final Year Of Employment Under University Internship Credential Counts Towards Tenure Requirements of Education Code Section 44929.21.
May 10, 2006	Time Spent Driving To An Alternate Work Location Is Not Creditable As Compensatory Time.
May 10, 2006	Bill Exempting Peace Officer Employees From Receiving Treatment Under Employer Medical Provider Networks for Workers' Compensation Injuries Is Pending Before The Senate Labor and Industrial Relations Committee.
April 10, 2006	Ninth Circuit Agreed To Reconsider Its Decision to Strike Down Hawaiians-Only Admissions Policy at Private School.
April 10, 2006	The Department of Education Has Issued Final Regulations Regarding the Boy Scouts Equal Access Act.
April 10, 2006	Employee's Evidence That Employer Regarded Him As Disabled Was Sufficient To Overcome Summary Judgment On Disability Discrimination Claim.
April 10, 2006	Deadlines Approaching for Districts to Comply with New Financial-Reporting Rule Affecting Disclosure of Funding for Health Insurance and Other Insurance Benefits.
April 10, 2006	Discipline of Student For Displaying A Banner During The School Day But Off-Campus That Did Not Pose Legitimate Likelihood of Disruption Violated Student's First Amendment Rights.
April 10, 2006	Union May Waive Its Right To Negotiate A Board Policy By Not Making A Demand For Negotiation Before The Policy's Adoption; A Demand For Negotiation Of The Policy's Impacts, However, May Be Made After The Administrative Regulations Have Been Developed.
April 10, 2006	Dismissal Of Unfair Practice Charge Against Union Was Proper Where Union Provided Statement Of Its Chargeable And Nonchargeable Expenses Along With An Independent Verification Rather Than A Formal Audit to Agency Fee Payers.
April 10, 2006	PERB Did Not Have Exclusive Jurisdiction Over Case Involving Alternate Retirement Program.
April 10, 2006	Appellate Court Holds That Trial Court Abused Its Discretion When It Forbade Police Department From Disciplining Officer And Imposed Conditions On The Officer's Fitness For Duty Examination.
April 10, 2006	Superior Court Upholds Termination of Peace Officer For Insubordination and Dereliction of Duty.
April 10, 2006	Law Schools Must Provide Access To Military Recruiters to Receive Federal Funds Notwithstanding Fact That Military Policy Barring Service By Homosexuals Violates Schools' Anti-discrimination Policies.
April 10, 2006	Complaint Filed Against Districts for Alleged Failure to Notify Parents Of Their Right to Transfer Out of Failing Schools.
April 10, 2006	University Policy Allowing Biological Mothers To Use Accumulated Sick Leave Upon Arrival Of A New Child Did Not Discriminate Against Biological Fathers Because Leave Granted To Biological Mothers Is Disability Leave.
April 10, 2006	Federal Pregnancy Discrimination Act Of 1978 Does Not Apply Retroactively To Pregnancy Leaves Taken Before The Law Was Enacted For Purposes Of Calculating Retirement Benefits.
April 10, 2006	Employer Was Not Entitled To Summary Judgment On Employee's Race Discrimination Claim Where African-American Employee Presented Sufficient Evidence To Suggest That His Demotion Was Due To His Race.
April 10, 2006	The Use Of The Term 'Boy' In Reference To An African-American Can, Alone, Constitute Evidence Of Racial Animus.
April 10, 2006	City Employee Who Established That City Had Custom, Practice And Policy That Resulted In A Violation Of Employee's Civil Rights Established City's Liability.
April 10, 2006	Dramatic Reduction In Work Assignments Constitutes Adverse Employment Action For Purposes Of Federal Retaliation Claim.
April 10, 2006	Employer's Failure To Support Employee's Disability Pension Application Is Not An Adverse Employment Action For Purposes Of A Federal Retaliation Claim.
April 10, 2006	Appellate Court Vacates Decision By Commission On Professional Competence Rejecting Termination Of Teacher Who Sexually Harassed Female Students And Co-Workers, Finding That Decision Violates Fundamental Requirement Of School Districts To Remedy And Prevent Sexual Harassment.
April 10, 2006	Ratio Of 6 To 1 Punitive To Compensatory Damages Was Constitutional Maximum That Could Be Awarded Against Grocery Store In Sexual Harassment Case.
April 10, 2006	School District Does Not Have Authority To Require Child To Undergo Initial Evaluation Where Child Privately Educated And Parents Expressly Waive All Benefits Under the Individuals with Disabilities Act.
April 10, 2006	Massive Student Protests Of Immigration Policy By Skipping School Cost Districts Money.
April 10, 2006	Two Hindu Groups Sue the California State Board of Education Over Textbook Changes.
April 10, 2006	Claims For Violence Or Threats Of Violence In Violation Of California's Civil Code May Be Brought In Connection With An Employment Discrimination Action.
March 10, 2006	Theater Offering Discount Theater Tickets To "Baby Boomers" For Musical Entitled "Boomers" Did Not Violate California's Anti-Discrimination Law.
March 10, 2006	Employer's Arbitration Agreement Containing Class Action Waiver Is Held Not Unconscionable.
March 10, 2006	Federal Regulations Issued Regarding Charter School Facilities.
March 10, 2006	Arbitrator Upholds Removal Of 25-Year Sheriff's Deputy From Supervisory Position For Retaliation.
March 10, 2006	EEOC Study Reveals That Workplace Discrimination Charges Dropped For Third Consecutive Year.
March 10, 2006	School District Must Advertise With Bids Prior To Contracting With Another Public Agency To Acquire Modular Buildings for Permanent Installation.
March 10, 2006	City Is Required To Pay Police Dispatcher For Time Spent Traveling To Counseling Sessions Ordered By City.
March 10, 2006	Eighth Circuit Holds That Sick Leave Buy Back Payments Must be Included in the Regular Rate of Pay.
March 10, 2006	Trial Court Properly Granted City Attorney's Motion To Strike Claim For Defamation Where Allegedly Defamatory Statements Were Made By The City Attorney In His Capacity As A Public Official On A Topic That Was Within The Scope Of His Official Duties.
March 10, 2006	Federal Court Upholds City's Ban Of Officers' Display Of Tattoos.
March 10, 2006	Former Employee's Claim Of Defamation Against Private Employer Arising Out Of Investigation Of Sexual Harassment Claim Was Not Subject To Special Motion To Strike.
March 10, 2006	Fair Employment And Housing Commission Proposes Regulations For Harassment Training Required By AB 1825.
March 10, 2006	Governor Signs SB 517 Which Grants A One-Year Delay of CAHSEE for Students with Disabilities.
March 10, 2006	High School Students and Parents File Suit Challenging Exit Exam Requirement for Diploma.
March 10, 2006	PERB Finds Board Agent Improperly Dismissed Unfair Practice Charge Filed Against Union For Collecting Agency Fees Without Providing Proper Advance Notice.
March 10, 2006	Health Care District Violated Meyers-Milias-Brown Act When It Refused To Recognize The Union As The Exclusive Representative After A Card Check.
March 10, 2006	DOL Issues Final Rule Regarding Notice Employers Must Give Employees Returning From Military Service.
March 10, 2006	Tenth Circuit Overrules Summary Judgment In Favor Of City On Claim By Hispanic Employees That City's English-Only Policy Was Discriminatory.
March 10, 2006	Jury Orders Cupertino School District to Pay $700,000 for Negligence.
March 10, 2006	Employer Was Not Entitled To Summary Judgment On Former Employee's Claims Of Pregnancy Discrimination, Where Employee Presented Sufficient Facts To Suggest That The Reason She Was Laid Off Was Because Of Her Pregnancy.
March 10, 2006	School Board Was Not Entitled To Summary Judgment On Teacher's Claim That Board Violated His Substantive Due Process Rights When It Ordered The Teacher To Release His Medical Records To The Board Or Not Return To Work.
March 10, 2006	Final Version of HIPAA Regulations Addressing Enforcement and Civil Monetary Penalties Take Effect March 16.
March 10, 2006	Employer's Duty To Provide Reasonable Accommodation For Disabled Employee Does Not Require The Employer To Convert A Temporary Light-Duty Position Into A Permanent Position Which, In Effect, Would Create A New Position.
March 10, 2006	Report Urges Setting Aside Funds In The Face Of Billions Of Dollars In Future Unfunded Liabilities For Retiree Health Benefits.
March 10, 2006	Hospital Could Be Liable For Sexual Harassment By Doctor Even Though Doctor Was An Independent Contractor, But Doctor's Nasty Remarks Made To Nurse To Coerce Her To Withdraw Sexual Harassment Complaint Did Not Constitute Adverse Employment Action.
March 10, 2006	Ventura County Board of Education Upholds Expulsion Of Student Who Brought Knife to School.
March 10, 2006	Police Officer Who Injured Leg While Playing Basketball Off-Duty Was Not Entitled To Workers' Compensation Benefits, Despite City's Policy That Officers Stay Fit.
March 10, 2006	Penalties Against Employer For Delayed Payment Of Compensation Benefits Should Be Calculated Under New Labor Code Provision Calling For Lower Payments, Even In Cases Where The Injury Occurred Prior To The Date The Statute Was Amended.
February 10, 2006	Court Denies City's Petition To Enjoin Activities By Animal Defense League.
February 10, 2006	United States Supreme Court Holds State Is Not Immune From Suit For Money Damages Brought By Disabled Inmate For Violations Of The Americans With Disabilities Act.
February 10, 2006	Parent Communications To Other Parents and To The School Board For The Purpose of Removing Coach Are Absolutely Privileged.
February 10, 2006	Employee Who Was Fired After Employer Learned Of Misdemeanor Battery Conviction And Employee's Time In A Mental Hospital Can Bring A Claim For Discriminatory Termination And A Separate Claim For Discriminatory Refusal To Reinstate Following His Termination.
February 10, 2006	Arbitrator Upholds Demotion Of Long-Term Supervisor Despite Absence Of Prior Discipline.
February 10, 2006	A Volunteer Coach Or Extracurricular Advisor Is Exempt From FLSA Overtime Regulations As Long As The Stipend Paid Does Not Exceed 20 Percent Of What The Agency Would Otherwise Pay To Hire A Full-Time Coach Or Extracurricular Advisor For The Same Services.
February 10, 2006	Emergency Medical Services Coordinator Is Exempt From FLSA Overtime Requirements Where Duties He Performed Were High-Level Administrative Duties.
February 10, 2006	Employee's Hostile Work Environment Claim Was Properly Dismissed Where Allegations In Employee's Lawsuit Were Different Than Those Raised In The Employee's EEOC Complaint.
February 10, 2006	Legislative Analyst's Office Issues Review of State's Transfer Process.
February 10, 2006	U.S. Judge Rules That Intelligent Design Cannot Be Taught As An Alternative To Evolution.
February 10, 2006	Collection of Agency Fees from Nonmembers without “Hudson Notices” Proceeds to Complaint.
February 10, 2006	Where Conduct Alleged In Unfair Practice Charge Would Be Prohibited By Parties' Bargaining Agreement, PERB Must Defer Parties To Agreement's Binding Arbitration Procedure On All Matters Arising From That Conduct.
February 10, 2006	PERB Finds That Union Properly Refused To Represent Employee At Skelly Meeting And During Grievance Hearings Where Employee's Claims Lacked Merit.
February 10, 2006	Employee's Unfair Practice Charge Was Properly Dismissed Where Employee Delayed Prosecution Of Charge For 18 Months.
February 10, 2006	Department of Labor Issues Final Rules Implementing Uniform Services Employment Uniform Services Employment and Reemployment Rights Act.
February 10, 2006	A City Complies With The Brown Act's Requirement That Council Meeting Agendas Be "Posted" When It Posts The Agenda On An Electronic Touch-Screen Kiosk Accessible To The Public Free Of Charge 24 Hours A Day, 7 Days A Week.
February 10, 2006	African-American Fashion Show Business Stated Sufficient Facts To Create A Genuine Issue Of Material Fact That Hotel Discriminated Against It On The Basis Of Race When Hotel Bumped Its Mother's Day Fashion Show Out Of The Grand Ballroom In Favor Of A Bar Mitzvah.
February 10, 2006	PERB Finds That School District Did Not Retaliate Against Provisional Math Teacher When It Released Her for Not Meeting "Highly Qualified" Standard under NCLB.
February 10, 2006	School Principal Established Claim For Whistleblower Retaliation When She Was Transferred From Large, Underperforming Middle School To Small, Over-Achieving Magnet School After She Reported To School Board That District Misrepresented Its Budget To Qualify For Additional Funding.
February 10, 2006	IBM Joins Corporate Stampede From Defined Benefit Plans To 401(k) Contribution Plans.
February 10, 2006	CalPERS Changes Limit That Retired Employees Can Work For Same Agency From 960 Hours In A Calendar Year To 960 Hours In A Fiscal Year.
February 10, 2006	Board Of Cemetery District Upholds $67,000 Accrued Sick Leave Cash-Out To Boost Employee's Salary And Retirement Benefits.
February 10, 2006	Interview Committee's Comments That They "Wanted A Grass Roots Guy" And They "Didn't Want To Hold A Good Man Back" Did Not Constitute Direct Evidence Of Gender Discrimination Against Female Applicant.
February 10, 2006	Administrative Law Judge Erred In Finding That Social Security Claimant Was Not Disabled on the Basis That Medical Evidence Did Not Demonstrate A Medically Severe Impairment Or Combination Of Impairments.
February 10, 2006	Case on Expert Fees under IDEA Up For Review.
February 10, 2006	Employee Who Was Injured In Accident During Vacation Following A Business Trip Was Not Entitled To Workers' Compensation Benefits Because Injuries Were Not Suffered In The Course Of Employment.
February 10, 2006	Re-Injured Employee Who Received A Prior Temporary Disability Award While Working For The Same Employer Is Entitled To Compensation For Subsequent Permanent Total Disability Less The Compensation Awarded For The Prior Temporary Disability.
January 10, 2006	Employer Who Refused To Participate In Arbitration, Could Not Thereafter Move To Compel Arbitration After Employee Filed Civil Lawsuit.
January 10, 2006	Arbitrator Dismisses Grievance Asserting That Employer Failed To Notify Employees Of Opportunity To Enroll In More Lucrative Retirement Plan As Too Old To Litigate.
January 10, 2006	California State Suit Filed To Determine Validity Of Redrawing Attendance Boundaries To Prevent Racially Or Ethnically Isolated Schools.
January 10, 2006	Agency Has The Discretion To Limit The Time Made Available For Public Comment During Open Meeting.
January 10, 2006	Task Force Created By Group Of Municipalities Is A Local Public Agency Covered By The Brown Act And Meetings Of Its Board Of Directors And Executive Council Must Comply With The Open Meeting Requirements Of The Brown Act.
January 10, 2006	Non-Profit Corporation Created By City To Provide Services To The City's Redevelopment Agency May Not Meet In Closed Session With The Agency And Its Attorneys To Discuss Pending Litigation If It Is Not A Party To The Litigation.
January 10, 2006	Islam Program Did Not Violate The Establishment Clause Of The First Amendment.
January 10, 2006	Where Employee's Carpal Tunnel Syndrome Was Not An "Accidental Body Injury," Employee Was Not Entitled To Benefits Under Her Accident Benefit Insurance Policy.
January 10, 2006	Disabled Paraeducator Who Exhausted All Permissible Leave Time Was Not Entitled To Reinstatement, But Was Only Entitled To Placement On The Employer's 39-Month Reemployment List.
January 10, 2006	Court Reverses Summary Judgment In Favor Of Employer On Former Employee's First Amendment Retaliation Claim Where Employer Could Not Demonstrate That Its Interest In Limiting The Employee's Speech Outweighed The Employee's First Amendment Rights.
January 10, 2006	Employer Did Not Violate FMLA Rights Of Employee Who Visited Physician Once During A 4-Day Period Of Incapacity And Once After His Period Of Incapacity.
January 10, 2006	High-Ranking Police Officers And Firefighters Are Exempt From Overtime Under The FLSA When Their Primary Duty Is Management.
January 10, 2006	Hospital District May Reimburse A Physician's Expenses For Traveling To Asia To Assist Tsunami Victims If The Services Rendered By The Physician Directly Assist The Hospital District In Accomplishing Its Goals.
January 10, 2006	PERB Finds That District Committed An Unfair Labor Practice When It Unilaterally Changed The Method Of Calculating Salary Increases.
January 10, 2006	PERB Dismisses Unfair Practice Charge Filed By Union Chapter President Alleging That School District Committed An Unfair Labor Practice When It Eliminated Her Position, Transferred Her Duties And Failed To Provide Requested Information.
January 10, 2006	PERB Rejects Board Agent's Conclusion That Unfair Practice Charge Filed By County Was Without Merit Where County's Charges Clearly Demonstrated That Union Failed To Bargain In Good Faith.
January 10, 2006	In First Court Decision Of The Binding Interest Arbitration Law For Public Safety Employees, The Superior Court Finds That It, Like The Earlier Version, Is Unconstitutional.
January 10, 2006	School District Should Begin Preparing Now For Possible Layoffs.
January 10, 2006	Employer's Failure To Speak With Disabled Employee's Attorney, As Requested By The Employee, To Inquire About Possible Reasonable Accommodations For Employee's Condition, Precluded Summary Judgment For Employer.
January 10, 2006	Federal Court Denies Summary Judgment In Favor Of Employer Who Failed To Accommodate Applicant's Request To Observe The Sabbath.
January 10, 2006	Local Governments Will Be Required To Value And To Publicly Report Each Year The Long Term Cost Of Its Retiree Health-Care Insurance Obligations.
January 10, 2006	Employer Properly Withheld Taxes From Settlement Proceeds Characterized As Lost Wages.
January 10, 2006	New Jersey's State Workplace Standard For Harassment Applies To Sexual Orientation Harassment At School.
January 10, 2006	Emergency Statute That Gave Temporary Control Of Oakland Schools Does Not Conflict With Oakland Municipal Ordinance.
January 10, 2006	Openly Gay Student's Lawsuit Over Privacy Will Proceed.
January 10, 2006	Petitions For Recall Election For Santa Ana School District Must Comply With The Bilingual Requirements Of The Voting Rights Act.
December 10, 2005	California Court Upholds Judgment Denying Writ Of Mandate By Union And Employees Who Failed To Exhaust The Grievance Procedure Set Forth In The Memorandum Of Understanding.
December 10, 2005	Second Circuit Reverses Summary Judgment In Favor Of Employer Who Terminated Probationary Employee Because Of The Employee's Night Blindness.
December 10, 2005	EEOC Publishes Guidelines For Employers To Follow Addressing Issues Surrounding Blindness.
December 10, 2005	Denial of Petition for Review and Decertification of SEIU v. Cupertino Union High School District.
December 10, 2005	Racial tiebreaker used in public high school assignment plan by Seattle school district does not violate Equal Protection Clause.
December 10, 2005	Free speech not violated when nontenured lecturer was required to communicate more clearly with her students on what she required to pass her class.
December 10, 2005	Academic Advisors and Intervention Specialists Qualify as Exempt Employees Under FLSA.
December 10, 2005	Classified employees teaching part time are entitled to overtime for teaching duties under FLSA.
December 10, 2005	Employers Are Not Required To Pay Employees For Time Spent On Medical Visits To Obtain Sick Leave Verification.
December 10, 2005	The Time That Employees Spend Between Donning And Doffing Required Protective Gear And Walking To Their Working Area Is Compensable Time Under The Fair Labor Standard Act.
December 10, 2005	Network Operations Engineer Was Exempt From FLSA Overtime Requirements As An Administrator And Computer Professional.
December 10, 2005	DOL Opines That Hours Worked By Employees In Their Capacity As Elected Officials Are Not Covered By The FLSA.
December 10, 2005	Department Of Labor Allows Employers To Ask For New Medical Certification When Employee Continues On FMLA Leave Into A New Year.
December 10, 2005	Complaint Against City For Breach Of Contract Was Barred By Party's Failure To Present A Contract Claim To The City Under The Tort Claims Act.
December 10, 2005	Chancellor's Office Issues Guidance on Implementing AB 982 on Health Fee Waivers.
December 10, 2005	Individual Internship Certificates Prohibited.
December 10, 2005	One-year reprieve from highly qualified teacher requirement of the NCLB.
December 10, 2005	Parents have no constitutional right to exclusive control over introduction and flow of sexual information to their children.
December 10, 2005	University Employee's Right To Privacy Was Not Violated When University Officials Conducted Warrantless Search Of Employee's Computer And Office.
December 10, 2005	Eighth Circuit Holds That African-American Employee Could Not Establish Claims Of Racial Harassment Or Discrimination Where Employee Was Not Subjected To An Adverse Employment Action, And Use Of Racial Epithets At Workplace Was Insufficient To Create A Legally Recognizable Hostile Work Environment.
December 10, 2005	Sixth Circuit Upholds Termination Of Court Clerk Who Was Fired For Romance With Co-Worker's Spouse.
December 10, 2005	Eighth Circuit Reverses Summary Judgment In Favor Of Employer On Employee's Claim That He Was Terminated In Retaliation For Filing A Sexual Harassment Claim.
December 10, 2005	Court Upholds Dismissal Of Corrections Officer's Retaliation Claim, Finding That Prison Official's Reports Concerning Officer's Criminal Threats Of Violence Were Privileged And Could Not Serve As Basis For Retaliation Claim.
December 10, 2005	Ninth Circuit Affirms Dismissal Of Male Employee's Sexual Harassment And Retaliation Claims Against His Employer And Female Supervisor Where Employee Could Not Establish That Employer Improperly Failed To Investigate His Complaints Or That He Was Subjected To An Adverse Employment Action.
December 10, 2005	California Court Upholds $1.9 Million Jury Verdict In Favor Of Gay Employee For Harassment.
December 10, 2005	Alert! Governor Vetoes Exit Exam Bill: Chapman Settlement Void.
December 10, 2005	Burden of persuasion in administrative hearing challenging IEP is placed upon party seeking relief.
December 10, 2005	AB 1662 conforming state special education law to portions of federal IDEA 2004.
December 10, 2005	Appellate Court Upholds Termination Of A Tenured Faculty Member.
December 10, 2005	Court Upholds Arbitrator's Decision That Termination Of 20-Year Supervisory Employee Was Proper.
December 10, 2005	Failure To Give Terminated Teacher Name-Clearing Hearing Following Dissemination Of Termination Letter To State Education Commissioner Did Not Violate Teacher's Due Process Rights.
December 10, 2005	Employer's Challenge To State's Decision That Employee Was Not Eligible For Unemployment Benefits Was Barred Under Rule That Employer Must First Pay Its Unemployment Taxes For The Employee To The State Before It Litigates To Recover A Refund For The Tax Paid.
December 10, 2005	California's Workers' Compensation Laws, Which Include Illegal Aliens Within The Definition Of "Employee," Are Not Preempted By Federal Law Which Forbids Employers From Employing Persons Known To Be "Unauthorized Aliens."
December 10, 2005	Court Annuls Order Of Workers' Compensation Appeals Board Reinstating Terminated Employee Where Finding That Employer Discriminated Against The Employee Was Not Supported By Substantial Evidence.
December 10, 2005	An Employer Must Present Evidence To Show That A Contemporaneous Nonwork-Related Event Caused An Employee's Heart Condition To Overcome Presumption That Condition Was An Industrial Injury.
November 10, 2005	Pending Litigation Exception To The Public Records Act Allows A University To Withhold From Disclosure Correspondence Between It And Opposing Counsel.
November 10, 2005	City's Proof Of Mailing Claim Rejection Notices Is Sufficient To Bar Plaintiffs' Lawsuit As Untimely.
November 10, 2005	After School Club Was Not Responsible For Minor Member's Injuries Resulting From Rock Thrown By Non-Member.
November 10, 2005	Deductions May Be Made From A University Professor's Salary For Work Less Than 8 Hours.
November 10, 2005	Time Spent By Employees Who Volunteer To Perform Off-Duty Charitable Work Hosted By Their Employer, And Is Not Of The Same Type As Their Regular Duties, Is Not Considered Hours Worked Under The FLSA.
November 10, 2005	Caucasian Members Of University's Police Department Established Claims Of Retaliation And Discrimination By African-American Chief Of Police By Presenting Evidence Of Substantial And Detrimental Changes To The Terms And Conditions Of Their Employment.
November 10, 2005	United Parcel Service's Policy Of Refusing To Hire Persons With Monocular Vision As Commercial Drivers Does Not Violate California's FEHA.
November 10, 2005	The Americans With Disabilities Act Protects Applicants And Employees From Discrimination Based On Their Association With An Individual With A Disability.
November 10, 2005	Pennsylvania Court Vacates Its Own Ruling And Upholds EEOC Regulation That Allow Employers to Give Retirees 65 or Older Health Benefits That Are Less Than Health Benefits Given to Retirees Who Are Younger Than 65.
November 10, 2005	Ninth Circuit Reverses Summary Judgment In Favor Of Employer Where Female Employee Presented Evidence That Gender Could Have Been One Motivating Factor In The Employer's Decision Not To Promote Her.
November 10, 2005	The Sixth Circuit Holds That An Employee May Not Sue A State Agency For Violating The FMLA's Self-Care Provision.
October 10, 2005	Ninth Circuit Holds That Supervisor's Bullying Conduct May Be Basis For Sexual Harassment And Discrimination Suit Even If It Is Not Sexually Charged.
October 10, 2005	Employee Fired For Using Medical Marijuana May Not Pursue Claim For Wrongful Termination Or Disability Discrimination Under California's FEHA.
October 10, 2005	To Defeat A Disability Discrimination Claim Under California's FEHA, The Employer Has The Burden Of Proving That An Employee Cannot Perform His Essential Duties With Reasonable Accommodation.
October 10, 2005	School District Employee Whose Wife Was Denied Insurance Coverage For In Vitro Fertilization May Not Bring Action For Disability Discrimination Under California's FEHA.
October 10, 2005	EEOC Publishes Guidance To Assist Employers In Addressing Cancer In The Workplace.
October 10, 2005	Eleventh Circuit Holds Evidence That Female Applicant For Truck Driver Position Had Two Previous Speeding Citations Of Which Prospective Employer Became Aware After Applicant Was Not Selected For Position Defeated Applicant's Claim Of Gender Discrimination.
October 10, 2005	Second Circuit Upholds Jury Verdict Finding Age Discrimination And Finds Public Entity Liable For Liquidated Damages Under The ADEA.
October 10, 2005	Whistleblower Action Against Employer By Employee Whose Statements Were Reported By Employer To Law Enforcement Officials As Threats Is Barred By Absolute Privilege.
October 10, 2005	Fifth Circuit Holds That University Employee Fired After He Complained That His Supervisor Had Gotten Her Job Only Because She Was Sleeping With A University Administrator Did Not Engage In Protected Activity For Purposes Of Retaliation Claim.
October 10, 2005	Mother of autistic child need not exhaust administrative remedies before suing school district for her own emotional injuries.
October 10, 2005	EEOC Admonishes UC Santa Barbara.
October 10, 2005	Computing Overtime When Classified Staff Teach.
October 10, 2005	Employer Cannot Impose Return-To-Work Regulations That Are More Burdensome Than What Is Provided For By The FMLA.
October 10, 2005	Illinois State Police Did Not Violate Officer's Right To Due Process When It Refused To Reinstate Officer From Medical Leave Status To Active Duty.
October 10, 2005	PERB Dismisses Unfair Practice Charge Brought Against Union By Employee Alleging That Union Violated Its Duty Of Fair Representation By Not Calling Certain Witnesses In Arbitration Hearing.
October 10, 2005	Neither The Labor Agreement Nor Past Practice Held To Have Waived Agency's Management Right To Make Promotional Decisions.
October 10, 2005	Employer May Not Bring Action Against Employee For Filing A Fraudulent Workers' Compensation Claim While Workers' Compensation Claim Is Still Pending.
September 10, 2005	Teacher's Union Violated the EERA By Engaging in Unilateral Action.
September 10, 2005	Manhattan Beach Special Education Settlement.
September 10, 2005	Settlement Excusing High School Seniors with Disabilities from California High School Exit Exam.
September 10, 2005	Superintendent of Charter School is Public Official for Purpose of Defamation Law.
September 10, 2005	Charter Schools Receive $10 Million for Facilities.
September 10, 2005	Average Teacher Salary for 2003-2004 School Year.
September 10, 2005	Settlement of Cupertino Union School District Case Re Use of Instructional Materials Containing Religious Content.
September 10, 2005	Third Circuit Holds That Defamatory Statements Made During A Private University's Internal Grievance Hearings Are Not Privileged.
September 10, 2005	Union Did Not Waive Its Arbitration Rights When It Made A Timely, But Procedurally Defective Demand For Arbitration.
September 10, 2005	Section that Prohibits A State Agency from Discriminating on the Basis of Race Does Not Apply to California State University.
September 10, 2005	Ninth Circuit Holds That Private, Nonsectarian, Non-Profit School That Receives No Federal Funding Cannot Exclude Students On The Basis Of Race.
September 10, 2005	Ninth Circuit Finds That District Court Erred When It Denied An Employee's Request To A Jury Instruction That Employer Could Be Liable For A Hostile Work Environment Created By Its Customers.
September 10, 2005	California Supreme Court Holds That Registered Domestic Partners May Bring Marital Status Discrimination Claims Under The Unruh Civil Rights Act.
September 10, 2005	Evidence That Female Supervisor Was Demoted For Conduct Also Engaged In By Two Male Supervisors Who Were Not Demoted Was Sufficient To Survive Summary Judgment On Gender Discrimination Claim.
September 10, 2005	Supervisor's Persistent Use Of "Western" Nickname For Arabic Employee Over Employee's Objection Supports A Jury's Finding Of Racial Discrimination.
September 10, 2005	State Supreme Court Holds That A Collective Bargaining Agreement That Requires Selection of the Most Senior of the Three Top Ranked Eligibles Violates Constitutionally Mandated Merit Principle of State Civil Service System.
September 10, 2005	At PERB's Request, Court Issues Temporary Restraining Order To Stop University Of California Nurses' Strike, Finding That Union Failed To Exhaust its Obligation to Bargain In Good Faith.
September 10, 2005	Court Enforces Government Code Provision Made Retroactive by Legislature That Prohibits Employer From Providing Different Health Benefits To Unionized Employees Than Are Provided To Non-Unionized Employees.
September 10, 2005	California Supreme Court Invalidates Pre-Dispute Agreement Between Parties That Waived The Right To Adjudicate Lawsuit By Jury Trial.
September 10, 2005	Court Upholds Termination Of Officer For Providing Dishonest Testimony And Disloyalty.
August 10, 2005	District Must Accommodate Charter School Students At One Site Or Minimize The Number of Sites Even If That Requires Relocating Other District Students.
August 10, 2005	Consitution Day
August 10, 2005	A Labor Agreement That Requires an Employee, When the Employee Appeals His/Her Discipline or Discharge, to Pay One-Half the Cost of the Hearing Officer, Violates the Employee's Due Process Rights, Which Can Not Be Waived by a Collective Bargaining Agreement.
August 10, 2005	Court of Appeal Decision Limits an Officer's Right to Receive Investigation Materials under the Skelly Pre-Action Procedure and the Public Safety Officers Procedural Bill of Rights Act.
August 10, 2005	Union's Acquiescence in Past Practice of Closing Arbitration Cases after One Year of Inactivity Established a Binding Past Practice and Thereby an Implied Term of the Collective Bargaining Agreement.
August 10, 2005	Illinois Law Requires Paid Leave for Blood Donors.
August 10, 2005	Trial Court Lacks Authority to Correct Arbitrator's Award of Attorney Fees to Prevailing Party Unless Arbitrator Exceeds Authority.
August 10, 2005	Where an Administrative Decision Was Based on Videotape Evidence That Was Not Properly Authenticated, the Trial Court Could Not Remand the Case for a Second Administrative Hearing in Order to Authenticate the Evidence.
August 10, 2005	Bill Expanding Family Leave Coverage and Employer Obligations Passes State Senate and Is Pending before the Assembly Appropriations Committee.
August 10, 2005	Employee's Trip to Retrieve Family Car Cannot Be Considered 'Caring for' His Pregnant Wife under the FMLA.
August 10, 2005	Shirk v. Vista Unified School District to be Reviewed
August 10, 2005	California Supreme Court Endorses Court of Appeal's Decision Upholding the Domestic Partners Act.
August 10, 2005	Department of Labor Says Employers Are Expected to Pay Overtime to Employees Who Perform Both Exempt and Non-Exempt Jobs Based on the Total Hours Worked If the Employee's Primary Duties are Non-Exempt Work.
August 10, 2005	Employees Who Failed to Promptly Report Sexual Harassment by Their Male Supervisor Were Barred from Bringing a Federal Lawsuit for Hostile Work Environment.
August 10, 2005	District Court's Decision to Overturn Jury Verdict in Favor of University Vice Chancellor on Gender Discrimination Claims Upheld by Seventh Circuit.
August 10, 2005	Federal Appeals Court Holds That Employee Who Alleges Disability Discrimination and Retaliation Need Only Show That Disability Was a Motivating Factor - Not That Disability Was the Only Factor.
August 10, 2005	An Employee Has a Heightened Burden of Proving Discrimination When the Person Who Demoted Him Is the Same Person Who Hired and Promoted Him.
August 10, 2005	White, Irish Employee's Action Alleging That His Pay Was Lower Because of His Race Was Not Time-Barred Where Each Paycheck the Employee Received Constituted a Discrete Discriminatory Act.
August 10, 2005	Supervisor's Repeated Criticism of Employee after Employee Filed Discrimination Suit Does Not Constitute an Adverse Employment Action and Thus Is Insufficient to Establish Retaliation.
August 10, 2005	Prosecutors Are Not Entitled to Absolute Immunity for Retaliation Where Their Acts Were Not Closely Associated with the Judicial Process.
August 10, 2005	A Number of Employee Relations Related Bills Have Been Passed by the Legislature's House of Origin and Passed to the Other House for Action.
August 10, 2005	Legislature Blocks Bills Providing for Pension Benefits Reform.
August 10, 2005	U.S. Supreme Court Holds That Religious Display In A Kentucky Courthouse Is Unconstitutional, Where History Of Display Showed That Its Purpose Was To Advance Religion.
August 10, 2005	U.S. Supreme Court Holds That A Six-Foot High Monolith Depicting The Ten Commandments On The Grounds Of The Texas State Capitol Does Not Violate The Establishment Clause Because A Reasonable Observer Would Not Conclude That The Monument Conveyed The Message That The State Endorsed Religion.
August 10, 2005	A Trial Court Cannot Order a District Attorney to Produce Minutes of a Closed Session.
August 10, 2005	Public Official May Not Maintain Legal Malpractice Action Against His Agency or the Agency's Attorney Based on Advice That Resulted in the Official Being Criminally Charged with Violating Government Code Section 1090.
August 10, 2005	It Is Not a Prohibited Conflict of Interest for a City Council Member, Who Is Charged the Same Rate as Other Advertisers, to Place a Business Advertisement in the City's Community Brochure.
August 10, 2005	2005 Ballot Propositions
July 10, 2005	College Academic Senate and District Board Must Agree Before the Adoption of New Faculty Hiring Policies and Procedures.
July 10, 2005	A School District Cannot Unilaterally Subcontract with the Local Police Department to Perform Work Provided by its School Police Force Without Providing the Union with the Opportunity to Meet and Negotiate the Decision and Its Effects.
July 10, 2005	California Supreme Court Holds That Statute of Limitations on Filing Unfair Practice Charges under the Meyers-Milias-Brown Act with the Public Employment Relations Board Is Six Months, and Not Three Years as Provided under PERB's Regulation.
July 10, 2005	The Sexual Assault of a Student, Absent Actual Knowledge That It Is Likely to Occur, Is Not a Reasonably Foreseeable Harm From Lack of Proper Supervision.
July 10, 2005	Medical Student with Learning Impairment Was Not Disabled under the ADA or Rehabilitation Act Because the Impairment Did Not Substantially Limit His Major Life Activities.
July 10, 2005	An Emergency Order that Established a Restricted Zone Prohibiting All Speech to Protect Public Safety Was Constitutional.
July 10, 2005	Arbitrator Rules in Favor of Agency in Contract Interpretation Dispute Involving Entitlement to Bonus Brought by over a Hundred Officers.
July 10, 2005	Ninth Circuit Sanctions Employer Who Filed Unmeritorious Motion to Compel Arbitration.
July 10, 2005	Exempt In-House Counsel Do Not Lose Their Exempt Status by Being Required to Account for Their Work Time on an Hourly Basis.
July 10, 2005	Eighth Circuit Reverses Summary Judgment in Favor of Correctional Facility on Age and Gender Discrimination Claims Where Employee Presented Evidence That Younger, Similarly Situated Male Employees Were Given Preferential Treatment.
July 10, 2005	Employee Who Was Fired While Pregnant Failed to Establish Discrimination Claim Because She Could Not Demonstrate That Her Supervisor Knew She Was Pregnant at the Time She Was Fired.
July 10, 2005	First Circuit Holds That Deputy Superintendent from Previous Sheriff's Administration Who Was Terminated Following a Change in Administration Cannot Bring Political Discrimination Claim against New Administration.
July 10, 2005	Federal Court Dismisses Employee's Suit, Holding That the Civil Service Commission's Decision Finding No Retaliation Was Binding on the Employee.
July 10, 2005	Court of Appeal Upholds Termination of Police Officer for Dishonesty.
July 10, 2005	A "Rule of Necessity" Allows for a Conflict of Interest When a Healthcare District Advertises on the Only Radio Station in Its Region, Even Though a Member of Its Board of Directors Is Employed by the Radio Station.
June 10, 2005	Section 504 Does Not Require Professional Schools To Lower Their Standards For A Degree.
June 10, 2005	Denial of Procedural Due Process Under IDEA Not Cognizable If There Is No Resulting Substantive Educational Harm.
June 10, 2005	PERB Holds That Where Arbitration Panel Considered Facts in Connection with Contract Interpretation That Were Identical to the Facts Relevant to a Subsequent Unfair Practice Charge, and There Was No Evidence That the Arbitration Award Was Palpably Wrong, the Unfair Practice Charge is Dismissed.
June 10, 2005	Duty of Fair Representation Does Not Require Enforcement of the Education Code.
June 10, 2005	Hiring An Attorney Does Not End The Duty Of Fair Representation; Mere Negligence Does Not Violate The Duty of Fair Representation Unless The Individual Interest At Stake Is Strong.
June 10, 2005	Second Circuit Holds That Ousted School Board Member's Due Process Was Violated in Connection with the Deprivation of Her Liberty Interest.
June 10, 2005	Third Circuit Holds That Police Officer Fired after His Arrest for Statutory Rape Who Was Later Acquitted Is Not Entitled to a Name-Clearing Hearing Because Criminal Trial Sufficiently Protected His Due Process Rights.
June 10, 2005	Court Requires Public Disclosure of Salaries Identified by Name of Highly Compensated Employees.
June 10, 2005	County Board of Supervisors Need Not Allow Public Comment on Whether Item Should Be Placed on Agenda.
June 10, 2005	Sixth Circuit Upholds Judgment in Favor of a Transgender Cincinnati Police Officer Whom a Jury Found Was Demoted from a Sergeant's Training Program for Not Conforming to Male Stereotypes.
June 10, 2005	Ninth Circuit Votes to Rehear Sex Discrimination Case Where Female Casino Workers Were Required to Wear Makeup.
June 10, 2005	Hearing Officer May Terminate Peer Review Hearing Regarding Suspension of Staff Privileges of Doctor Who Was Disruptive at Hearing.
June 10, 2005	An Uncompensated Volunteer May Not Sue Town for Unlawful Employment Practices.
June 10, 2005	Punitive Damages Award for Racial Discrimination Exceeded Constitutional Limits.
June 10, 2005	CalPERS Revises Accounting Methods to Stabilize Employer Contribution Rates.
June 10, 2005	"Special Session" Pension Reform Bills Introduced.
June 10, 2005	Constitution Day - September 17.
June 10, 2005	CalPERS Contributions.
June 10, 2005	AB 194 (Dymally), Amending the Brown Act, Taken off Calendar.
June 10, 2005	Testing The Unfunded Mandated Provision Of NCLB School District of the City of Pontiac, et al. v. Margaret Spellings, Secretary of the U.S. Dept. Of Educ.
May 10, 2005	Performance Goals Mentioned in School Superintendent's Employment Contract were not Incorporated into Contract.
May 10, 2005	Teacher Who was Removed after Complaining of Funding for Girls' Sports May Sue for Retaliation under Title IX.
May 10, 2005	Adult May Sue for Negligence and Negligent Supervision Arising from Sexual Molestation by High School Teacher which Occurred over 20 Years Prior to Action.
May 10, 2005	Certificated Teacher Employed for Several Years in Categorically Funded, Temporary Position, Did Not Acquire Permanent Status.
May 10, 2005	Classified Employees Assigned to Staff of Personnel Commission of Community College District were Employees of District Rather than Personnel Commission.
May 10, 2005	Mandated Reporters Must Report Reasonably Suspected Child Abuse
May 10, 2005	U.S. Department of Education Announces Significant Changes to Enforcement of the No Child Left Behind Act.
May 10, 2005	National Education Association Sues Over Portions of the No Child Left Behind Act.
May 10, 2005	Temporary Suspension of Educational Club Members for Making Violent Film was not in Violation of First Amendment.
May 10, 2005	Community College's Concern for Safety of Its Students Outweighed Professor's Interest in Attending Anti-WTO Rally with Students.
May 10, 2005	Community College Districts May Use Public Funds to Hire a Consultant to Assess Public Support for Ballot Measure, but May Not Use District Funds to Develop and Implement a Coalition to Support the Bond Measure.
May 10, 2005	Student Who Defamed Professor May not Escape Monetary Penalty by Declaring Bankruptcy.
May 10, 2005	California Charter Academy Accused of Misusing Taxpayer Funds and Making Improper Expenditures.
May 10, 2005	U.S. Department of Education to Hold Public Meetings on Reauthorization of IDEA.
May 10, 2005	Court Orders State to Contribute to Teachers' Retirement System.
May 10, 2005	District Court Permits Teacher to Sue for Alleged Equal Protection Violation Based on Christian Views.
May 10, 2005	U.S. Department of Education Opinion Letter and California Attorney General Clash of Rights of Parents to Access Student Records.
May 10, 2005	The U.S. Supreme Court Holds That An Employee May Bring a Disparate Impact Claim under the Age Discrimination in Employment Act Without Establishing Intentional Bias.
May 10, 2005	Pennsylvania District Court Holds That EEOC Exemption That Allows Employers to Give Retirees 65 or Older Health Benefits That Are Less Than Health Benefits Given to Retirees Who Are Younger Than 65 Violates the Age Discrimination in Employment Act.
May 10, 2005	Summary Judgment Upheld in Favor of Employer Where Employee Could Not Demonstrate That the Decision to Discontinue a Training Program Was Motivated by Gender Discrimination.
May 10, 2005	Eleventh Circuit Holds That An Employee in a Race Discrimination Action Can Establish the Element of Adverse Employment Action by Showing That She Received a 3-Percent "Met Expectations" Raise Instead of a 5-Percent "Exceeded Expectations" Raise.
May 10, 2005	An Adverse Employment Action Must Have a Detrimental and Substantial Effect on Employment; A Single Negative Employment Evaluation, without More, Does Not Give Rise to a Discrimination Claim.
May 10, 2005	Third Circuit Holds That An Employer Who Violated the FLSA by Not Including Certain Premium Pays in Its Regular Rate for Purposes of Calculating Overtime Could Not Offset Its Violation with a Concession in the Collective Bargaining Agreement That Non-Work Pay Be Included in the Employees' Regular Rate of Pay.
May 10, 2005	The Domestic Partners Act Is Not Void as Being in Conflict with Proposition 22, California's Defense of Marriage Initiative, Which Provides That Only a Marriage between a Man and a Woman Is Valid in California.
May 10, 2005	Union Could Not Establish That An Employer Unlawfully Bypassed the Union and Negotiated Directly with the Employees When It Established a "Working Group."
May 10, 2005	PERB Dismisses Unfair Practice Charge Filed against City by Union Where Union Could Not Show That the City Unilaterally Changed Its Overtime Policy.
May 10, 2005	Seventh Circuit Holds That An Employee Who Was Given Option of Undergoing Psychological Testing or Losing Her Job Was Not Subjected to a Search within the Meaning of the Fourth Amendment.
May 10, 2005	The Department of Labor Changes Regulations Governing Labor Certification Applications for the Permanent Employment of Aliens in the United States.
May 10, 2005	A City Council Member Who Sits on the Board of Directors of a Nonprofit Trust May Participate in the Council's Decision to Lease Land to a Business Owner Who Had Made Contributions to the Trust.
May 10, 2005	Summary Judgments Granted in Favor of City against Each of Nine Plaintiff Police Department Employees in Federal Discrimination Action.
May 10, 2005	Employment History of Peace Officers Held to Be Privileged and Exempt from Disclosure under the California Public Records Act.
May 10, 2005	Pension Reform Bills
May 10, 2005	AB 194 Seeks to Amend Brown Act to Eliminate Procedural Requirements of Demanding Cure before Seeking Judicial Determination to Void An Action Taken by a Public Agency.
May 10, 2005	AB 192 Seeks to Amend Tort Claims Act by Limiting Governmental Liability
April 10, 2005	Parents Who Resolved Dispute Through Voluntary Settlement Agreement Were Not Prevailing Parties for Purpose of Obtaining Attorney Fees under the IDEA.
April 10, 2005	Employee is Not Entitled to New Five Months of Differential Sick Leave After Being Treated and Receiving Differential Pay for "Illness or Accident" that Occurred Two Years Earlier, But is Entitled to Reinstatement.
April 10, 2005	Superintendent Who Required Teacher to Move Son from Private to Public School as Condition of Employment Violated U.S. Constitution and is not Entitled to Qualified Immunity.
April 10, 2005	The EERA No Longer Protects School Employees Who Represent Themselves Individually in Their Employment Relations with Their Public School Employer.
April 10, 2005	PERB Grants Portion of District's Unit Modification Petition Excluding the Secretary to the Personnel Director as Being Confidential, but Denies Excluding the Secretary to the Business Services Superintendent as Being Confidential.
April 10, 2005	Union Official Instructing Employees to Violate a Management Directive Is Not a Protected Activity for Purposes of an Unfair Labor Practices Charge.
April 10, 2005	Arbitration Clause in Employment Agreement with Initial Employer Requires Employee to Arbitrate Contract Dispute with Successor Employer.
April 10, 2005	Exhaustion Rule Requires University Employee to Exhaust Internal University Administrative Remedies before Filing a "Whistleblower" Lawsuit.
April 10, 2005	Court Upholds City's Promotional Process.
April 10, 2005	An Employer May Not Conduct Medical Examinations Nor Make Medical Inquiries of Applicants Until after the Employer Has Evaluated All Non-Medical Information in Order for a Conditional Job Offer to be a "Real" Offer.
April 10, 2005	Retaliation Taken against an Employee Who Speaks out against Discrimination Suffered by Others can Constitute an Actionable First Amendment Claim.
April 10, 2005	City's Termination of an Employee Was Null and Void Because the City Did Not Give the Employee Notice That It Would Be Discussing His Dismissal in Closed Session, Nor Did the City Give the Employee an Opportunity to Respond to Specific Accusations That Were Made about Him and Were the Basis of the Decision to Terminate.
April 10, 2005	County Retirement Board May Permit Applicant for Disability Retirement and Representatives to Attend Closed Session Meeting.
April 10, 2005	Brown Act Does Not Apply to Meetings Held by Two Members of a Five Member City Council Serving as an Advisory Committee Because the Two Members Were Not a "Legislative Body" within the Meaning of the Act.
April 10, 2005	New Labor Code Section Requiring Apportionment of Liability Based on Causation of an Employee's Injury Applied Retroactively to Workers' Compensation Cases.
April 10, 2005	Employee Is Entitled to Total Disability Compensation for Period of Participation in Vocational Rehabilitation Program.
March 10, 2005	Regional Occupational Program Teacher in .43 Full-Time Equivalent Position Does not Qualify for Tenure.
March 10, 2005	Date of Valuation of Property in "Quick Take" Eminent Domain Proceeding is Date of Deposit of Probable Compensation.
March 10, 2005	Department of Education Must Withhold Tobacco Tax Revenues from School District that Refuses to Participate in Tobacco Use Prevention Program Evaluations.
March 10, 2005	Cap Already Met on 2005 H-1B Visas, but an Additional 20,000 will be Available Beginning March 8 for Foreign Nationals Who Have Earned a Master's Degree of Higher from a U.S. Institution of Higher Education.
March 10, 2005	PERB Clarifies Its Prior Unit Modification Order to Exclude Degree-Seeking Graduate Students from the Faculty Bargaining Unit.
March 10, 2005	Union Cannot Compel Arbitration Where Appeal Procedure in the Memorandum of Understanding Allows Court Review of the Award.
March 10, 2005	PERB Majority Finds That Access to University Facilities Are Negotiable, and the University's Ban on Union Representative Was Overbroad.
March 10, 2005	Unions Seek Elimination of PERB Agency Shop Regulations.
March 10, 2005	County Employee Designated as "Temporary," Who Consistently Was Scheduled to Work Hours in Excess of the Maximum Allowed under the County's Ordinance for Six Years, Who Passed the Civil Service Exams and Who Was Successfully Evaluated, Qualifies for Regular Employment.
March 10, 2005	Health Care Plans Offered to Employees That Are Conditioned on Acceptance of Binding Arbitration Are Not Invalid.
March 10, 2005	Publication by the Equal Employment Opportunity Commission of a Final Rule Regarding Retiree Health Benefits Has Been Delayed by a Legal Challenge.
March 10, 2005	Fifth Circuit Holds Military Reservists Employed as City Firefighters Were Not Denied Benefits and Wages in Violation of Law Because They Were Treated the Same as Other Employees.
March 10, 2005	Reclamation District Contract for Levee Maintenance Is Public Work Subject to Prevailing Wage Laws.
March 10, 2005	California Supreme Court Grants Review of Appellate Court Decision that Employee Hired for One Day at a Flat Fee Is Not "Discharged" within Meaning of Labor Code Requiring Immediate Pay.
March 10, 2005	Sixth Circuit Court of Appeals Rules that City Was Not Justified in Denying its Police Officers Compensatory Time Off Based on Its Belief that the Cost of Paying Replacements Premium Overtime Was an "Undue Disruption."
March 10, 2005	Fourth Circuit Rejects Equal Pay Act Claims by Two Female County Department Heads in Holding Similar Title Plus Similar Generalized Responsibilities Is Not Equivalent to Having Substantially Equal Skills and Responsibilities.
March 10, 2005	Proposition 64 Does Not Apply Retroactively to Pending Actions.
March 10, 2005	Fifth Circuit Holds Texas Public Hospital Violated the First Amendment When It Suspended a Carpenter during an Organizing Drive for Wearing a Union Button in Violation of the Hospital's Dress Code.
March 10, 2005	Doctor's Lawsuit Challenging Hospital's Peer Review Committee Comments Was Not Subject to be Stricken Because Proceedings by a Hospital Peer Review Committee Do Not Constitute an "Official Proceeding" under the Anti-SLAPP Statute.
March 10, 2005	County Air Pollution Control District Does Not Have Eleventh Amendment Sovereign Immunity.
March 10, 2005	Employee of County Board of Retirement Is Prohibited from Sitting on the Board.
March 10, 2005	Labor Agency Not Authorized to Withdraw Penalty for Failure to Obtain Worker's Compensation Insurance from Authorized Insurer.
March 10, 2005	Period for Employer to Deny Liability Runs from Date Worker Files Claim Form with Employer.
February 10, 2005	Teacher's Search of Disruptive Student's Purse to Find Identification, Without More, is Not Justified.
February 10, 2005	Department of Education Seeks Written Comments on Reauthorization of Individuals with Disabilities in Education Act.
February 10, 2005	California Community Colleges Chancellor's Office Issues Questions and Answers on Concurrent Enrollment.
February 10, 2005	IRS Issues Final Regulations Clarifying Tax Exception for Student Employees.
February 10, 2005	Employer's Appearance Standards Requiring Women to Wear Make-Up Held Not to Constitute Sex Discrimination.
February 10, 2005	Decision of Administrative Body Must Be Set Aside When One of Its Members Wrote a Negative Article on a Matter That Was Then Pending.
February 10, 2005	State Supreme Court Denies Review of Appeals Court Decision That Due Process Requires a Hearing Officer to Have the Appearance of Impartiality.
February 10, 2005	PERB Upholds Dismissal of Unfair Practice Charge Because Temporary Employee Did Not Show a "Nexus" between Her Protected Union Activity and Termination.
February 10, 2005	Negotiated Grievance Procedure That Gives Union Exclusive Authority to Request Arbitration Does Not Violate Employee's Due Process Rights.
February 10, 2005	PERB Upholds Dismissal of Unfair Practice Charge Because County's Refusal to Make Salary Adjustment Was Neither a Unilateral Change Nor Violation of a Policy or Practice.
February 10, 2005	Court Grants Union's Petition to Compel Arbitration of Grievances Based on Past Practice in the Face of Ambiguous Contract Language Addressing the Issue.
February 10, 2005	Trial Court Denies Police Association's Petition for Writ of Mandate Seeking Sick and Vacation Leave Benefits for Retired Officers Because Association and its Members Failed to File Grievances Challenging the Denial of Benefits.
February 10, 2005	Prevailing Wage Law Did Not Apply to Private Construction Project Whose Public Funding Was Limited to Pre-Construction Expenses.
February 10, 2005	Congress Drops Measure that Would Have Curbed Labor Department's Ability to Enforce Parts of New Overtime Regulations.
February 10, 2005	Employee May Use Cal-OSHA Provisions to Establish Duty of Care in Negligence Action against Non-Employer.
February 10, 2005	Fourth Circuit Court of Appeals Holds That Supervisory Retaliation for an Employee's Testimony in a Personnel Hearing Raises a Matter of Public Concern under the First Amendment.
February 10, 2005	A Lawsuit That Challenges the Subject Matter of a Governing Board's Action Does Not Constitute a Challenge to the Board's Free Speech Rights.
February 10, 2005	Trial Court Properly Denied Defendant Board Members' Motions to Strike Defamation Action Because the Action Was Based on Discussions in Closed Session That They Were Prohibited from Divulging.
February 10, 2005	Attorney Audit Response Letters to Client's Accounting Firm Are Not Discoverable by Opposing Counsel.
February 10, 2005	College Professor, Who Was Denied Reappointment Allegedly Because She Stated Publically That Her School's Administrators Misused Funds and Discriminated against Women and Non-Arabs, Permitted to Proceed with Claims against Dean and Vice Chancellor.
February 10, 2005	Statute of Limitations Held Not to Defeat Amendment to a Complaint That Does Not Add a "New" Defendant, But Simply Corrects an Incorrect Name by Which an "Old" Defendant Was Sued.
January 10, 2005	Substitute Community College Employees Who Work More than 75 Percent of Year are Entitled to Classified Status.
January 10, 2005	Student Who Challenged Discipline Must Exhaust Judicial Remedy of Administrative Mandamus Before Filing Suit.
January 10, 2005	School Districts Cannot Require Parental Consent or Notification When Students Leave Campus to Receive Confidential Medical Services.
January 10, 2005	Student Who Verbally Threatened Teacher Failed to Establish First Amendment Defense.
January 10, 2005	The Social Security Administration has Issued Final Rules Governing Foreign Students Who Also Work for Their School Districts.
January 10, 2005	School District May Deny Tenure to Teacher Who Had Intimate Relationship with Student.
January 10, 2005	Community College Chancellor's Office Opines that Portions of AB 2756 are Inapplicable to Community Colleges.
January 10, 2005	Firing Employee That Employer Fears Might File a Complaint Constitutes Unlawful Preemptive Retaliation under Cal-OSHA.
January 10, 2005	California Court of Appeal Affirms That a Government Employee's Transfer That Increased His Commute Time Was Not An Adverse Employment Action for Purposes of Retaliation.
January 10, 2005	California Supreme Court Will Review Appellate Decision That Retroactive Application of a Newly Enacted Provision of the Fair Employment and Housing Act Providing for Employer Liability for Sexual Harassment by Non-Employee Is Unconstitutional.
January 10, 2005	Arbitrator Grants Nonsuit in Sex Discrimination Lawsuit Because Record Lacked Evidence That Similarly Situated Male Officers Were Treated Differently.
January 10, 2005	California's Statutory Litigation Privilege Does Not Bar Action Brought under the Americans With Disabilities Act.
January 10, 2005	Agencies Should Ensure Their Compliance with the Public Access Provisions of the ADA to Avoid Costly Lawsuits.
January 10, 2005	State Supreme Court Denies Review of Appeals Court Decision Denying Exemption from Proposition 209 Prohibition of Racial Preference.
January 10, 2005	Court Rules That Auditor's Office in Which Discharged County Employee Worked Is Not Separate from the County Government for Purposes of Determining Whether There Are At Least 50 Employees for FMLA Eligibility.
January 10, 2005	Statutory Definition of Serious Health Condition That Makes Employee Unable to Perform Functions of Position Is Not Employer-Specific.
January 10, 2005	Under the Social Security Protection Act of 2004, Public Employers Must Inform New Employees about Their Lack of Social Security Coverage.
January 10, 2005	U.S. Supreme Court Summarily Reverses Ninth Circuit and Holds That Police Officer Who Was Fired for Selling Sexually Explicit Video of Himself Online Failed to Establish First Amendment Claim.
January 10, 2005	Court Upholds Arbitrator's Decision in Terminating IRS Employee for Improperly Releasing Confidential Taxpayer Information.
January 10, 2005	Court Denies Employee's Appeal of Termination Because He Failed to File Writ Within 90-Day Period.
January 10, 2005	At-Will Employee Who Resigns in Reliance on an Unfulfilled Promise of Other Employment May Recover Damages When Amount Is Supported by Substantial Evidence and Not Speculative.
January 10, 2005	PERB Dismisses Unfair Practice Charge Because Employer's Conduct Did Not Interfere with Employee Choice in Decertifying Union.
January 10, 2005	After Finding Employer Retaliated against Two Teachers for Their Protected Union Activities, PERB Directed Employer to Return Teachers to Their Prior Assignments.
January 10, 2005	Superior Court Vacates Arbitration Award in Favor of Employee Because Arbitrator Exceeded his Powers under the Memorandum of Understanding.
January 10, 2005	Denial of Motion to Dismiss Upheld Regarding Lawsuit Alleging That Non-Union Workers Were Not Paid Prevailing Wages as Required.
January 10, 2005	New Law Extends USERRA Continuation Coverage Period to 24 Months and Adds Employer Notice Requirement.
January 10, 2005	USERRA Does Not Confer a Right to Rest before Returning to Work from Military Service.
December 10, 2004	Californians Vote to Prevent Implementation of Legislation Requiring Employers to Provide Mandatory Healthcare Benefits for Certain Employees.
December 10, 2004	Voters Approved Proposition 59 to Amend the Constitution to Include the Public's Right of Access to Government Meetings and Writings.
December 10, 2004	Student's Special Education Team Must Include at Least One Regular Education Teacher.
December 10, 2004	School District that Failed to Include Written Policies in Students' Independent Study Plans Must Forfeit State Funding.
December 10, 2004	School District May Use Bond Proceeds to Pay Salaries of District Employees Who Perform Administrative Work on Construction Projects.
December 10, 2004	School District Improperly Prohibited Teacher from Attending Religious Meeting on School Property.
December 10, 2004	U.S. Department of Education Warns of Increased Harassment of Jewish, Arab Muslim, and Sikh Students.
December 10, 2004	In Compliance Proceeding PERB Permits School District to Terminate Subcontract on Last Day of Summer School to Avoid Disruption and to Permit Time to Hire New Staff.
December 10, 2004	Principal of Charter School Interfered with Teachers' Protected Rights to Vote in Fair Election.
December 10, 2004	Charter School, Not School District, is Public School Employer for Purposes of Unfair Labor Charge.
December 10, 2004	PERB Revives Association's Unfair Practice Charge Arising from Denial of a Teacher's Right to Representation during an Investigatory Interview Involving Other Employees.
December 10, 2004	PERB Defers Non-Dismissed Portions of Unfair Labor Practice Charge to Arbitration.
December 10, 2004	Employees Are Not Entitled to Regular Pay for Time Spent Providing Testimony at the Request of Their Union at a PERB Hearing.
December 10, 2004	Unfair Practice Charge Dismissed for Lack of Evidence of Retaliation for Engaging in Protected Activity.
December 10, 2004	Special Education Agencies Failed to Exhaust Administrative Remedies before Pursuing Lawsuit against County.
December 10, 2004	City Violated Employee's Due Process Rights When It Terminated Him for Refusing to Answer Questions about His Arrest on Marijuana Possession Charges.
December 10, 2004	Employee Hired for One Day at a Flat Fee Is Not "Discharged" within Meaning of Labor Code Requiring Immediate Pay.
December 10, 2004	Because Employee Was Placed on Involuntary Medical Leave, He Is Entitled to Back Pay upon Reinstatement to Duty.
December 10, 2004	Ordinance Requiring Agency's Contractors to Pay Their Employees for Jury Duty Is Not Invalid under State Constitution.
December 10, 2004	An Agency May Have the Discretion to Refuse to Disclose Official Information If Disclosure Is against the Public Interest.
December 10, 2004	California Court of Appeal Revives Claims of Homosexual Manhattan Beach Police Sergeant Who Alleged Sexual Orientation Discrimination by his Police Chief and Other Officers.
December 10, 2004	California Court of Appeal Overturns $334,400 Verdict in Favor of Women's Prison Employee, Ruling her Marital Status Discrimination Claim Cannot Be Dependent on her Spouse's Identity.
December 10, 2004	California Supreme Court Confirms That Amendment to Fair Employment and Housing Act Imposing Personal Liability for Harassment on Co-Workers Does Not Apply Retroactively.
December 10, 2004	Personnel Commission Did Not Have Jurisdiction to Hear Claims of Harassment, Retaliation, or HIPAA Violations.
December 10, 2004	When an Employee Elects to Appeal a Discrimination Claim to a Civil Service Commission Rather Than to the DFEH, a Court Appeal of a Civil Service Commission Decision Is Limited to a Writ Action Challenging the Administrative Decision.
December 10, 2004	Tort Claims Act Does Not Prevent Employee from Asserting Additional Theories Not Specified in Original Tort Claim for Wrongful Termination.
December 10, 2004	Civil Penalty under Unruh Civil Rights Act Does Not Constitute Impermissible Punitive Damages.
December 10, 2004	A Person May Simultaneously Hold the Offices of County Veteran Service Officer and Undersheriff.
December 10, 2004	Resident May Sue to Allege That Official Cannot Simultaneously Hold Offices in Water and School Districts.
November 10, 2004	Autistic Student Who Received Shorter School Day May Sue for Disability Discrimination.
November 10, 2004	Student Failed to Demonstrate that School District's Expulsion Procedures were Inconsistent with State Law.
November 10, 2004	U.S. Department of Education Releases Proposed Rules for Enforcement of the Boy Scouts Equal Access Act.
November 10, 2004	Professor’s Email to Students That Referred to “White Male” Classmate By Name Constituted Racial and Gender Discrimination.
November 10, 2004	School District Violated Teacher's Constitutional Rights by Requiring Him to Attend Faculty Meetings and Training Sessions At Which Prayers Were Recited, But Did Not Subject Him to Unconstitutional Harassment for Challenging the Requirement.
November 10, 2004	Evidence That Employer Refused to Allow Employee Days Off to Attend Voluntary Jehovah's Witness Convention Is Sufficient for Religious Discrimination Claim.
November 10, 2004	Municipal Utility District Held Not to Have Met Its Evidentiary Burden to Establish That Its Preferential Contracting Program Fell within the Loss of Federal Funding Exception under Proposition 209.
November 10, 2004	Television Writers Alleging Age Discrimination May Sue under the Fair Employment and Housing Act Because It Permits Successive Class Actions in the State and Federal Courts as Opposed to Concurrent Ones.
November 10, 2004	No Disparate Impact Discrimination Where Employer's Reorganization Plan Resulted in Demotion of Administrative Managers Who Happened to be Women and over 40 Years of Age.
November 10, 2004	City Not Liable for Sexual Harassment When It Responded Promptly to Employee's Claim and Employee Failed to Use Employer's Internal Anti-Harassment Policies.
November 10, 2004	Department of Labor Announces Proposed Rules Related to the Uniformed Services Employment and Re-Employment Rights Act of 1994.
November 10, 2004	California Supreme Court Denies Review of Case That Held Retired Employees Whose Employer Promised to Underwrite Their Medical Program Do Not Have Vested Right to PPO Coverage.
November 10, 2004	Employee Must Arbitrate Defamation Claim Arising from Statement Employer Made during Disciplinary Investigation.
November 10, 2004	Statutory Time Limit for Correction of Arbitration Award Enforceable Notwithstanding Parties Agreement to the Contrary.
November 10, 2004	Due Process Requires That a Hearing Officer Must Have the Appearance of Impartiality.
November 10, 2004	Disqualification of Employee's Experts Violated His Right to Due Process and Rendered the Administrative Hearing Unfair.
November 10, 2004	First Regulations Implementing the Legislation Overhauling the Workers' Compensation System Released.
October 10, 2004	U.S. House of Representatives Voted 223-193 Seeking to Block New Overtime Rules.
October 10, 2004	Non-Renewal of a Provisional Teacher's Contract Cannot Support Claim of Retaliatory Termination.
October 10, 2004	School District is not Required to Give Notice of Non-Reelection to Non-Permanent Employee.
October 10, 2004	School District May not Charge Application Fee for Processing Inter-District Attendance Request of Student Residing in Another District.
October 10, 2004	School District is Not Obligated to Make Facilities Available to Charter School When Documentation is Incomplete.
October 10, 2004	Governor Signs Urgency Legislation Concerning School District Budgeting, Finance, and Settlements with Superintendents.
October 10, 2004	District Liable Where Governing Board Delegates Full and Final Authority over Employee Discipline to Superintendent.
October 10, 2004	Employer's Internal Administrative Remedy for Such Non-Statutory Claims Before Filing a Civil Complaint.
October 10, 2004	An Employee's Refusal to Facilitate a Supervisor's Allegedly Unlawful Retaliatory Treatment of Another Employee in the Hiring Process May Constitute Protected Expressive Conduct.
October 10, 2004	Retroactive Application of a Newly Enacted Provision under the Fair Employment and Housing Act Providing for Employer Liability for Sexual Harassment by Non-employee Is Unconstitutional.
October 10, 2004	Medical Student's Claim that He Is "Disabled" Was Fatally Contradicted by His Ability to Achieve Academic Success in the Past without Special Accommodations.
October 10, 2004	State Agency Has Affirmative Duty to Engage in Interactive Process with Asthmatic Employee before Issuing Medical Demotion.
October 10, 2004	An Employer May Be Liable for Retaliation by a Supervisor Arising Out of Sexual Harassment Engaged by Him While He Was a Non-Supervisory Employee.
October 10, 2004	Workers' Compensation Act Bars Employee's Tort Damages for an Industrial Injury Occurring after an Alleged Unlawful Employment Action Unless Such Action Is a Substantial Factor in Causing the Injury.
October 10, 2004	Pre-Printed Language on Workers' Compensation Compromise and Release Form Does Not Bar Civil Remedies Outside Scope of Workers' Compensation System.
October 10, 2004	Employee's Unreasonable Delay in Setting His Petition for Hearing, and the Resulting Prejudice from the Delay, Required the Court to Dismiss the Action.
October 10, 2004	IRS Employee's Disclosure About Former Regional Counsel's Influence over IRS Proceedings and Fraudulent Refund Is Protected under Whistleblower Protection Act.
October 10, 2004	Disqualification of Deputy City Attorney Does Not Compel Disqualification of Entire City Attorney's Office.
October 10, 2004	Americans with Disabilities Act Prohibits Employers from Disclosing Medical Information About Applicants and Employees.
October 10, 2004	CalPERS' 2003-2004 Fiscal Year Investment Rate of Return Was 16.7%.
October 10, 2004	Governor Schwarzenegger Vetoes Minimum Wage Bill.
September 10, 2004	Governor Settles Long-Running Suit Against California Schools for Providing Inadequate Education to Students of Low-Income and Color.
September 10, 2004	State must Reimburse Schools for Costs Associated with Mandatory Expulsions.
September 10, 2004	Student Who Stores Items in Gym Locker During Class Has No Reasonable Expectation of Privacy.
September 10, 2004	Race May Not Be Used for the Sake of Achieving Diversity in Determining Which Students Will Be Admitted to Oversubscribed High Schools.
September 10, 2004	Students' May Not Sue University for Monetary Damages or for New Elections Because of Alleged Constitutional Violations of Election Procedures.
September 10, 2004	PERB Dismisses Unfair Practice Charge Against Community College District Holding that the District Did Not Improperly Transfer Bargaining Unit Work Nor Engage in Bad Faith Bargaining.
September 10, 2004	Disputes over Ambiguous Contract Provisions Governing Work Schedule Changes are to Be Resolved by Evidentiary Hearings.
September 10, 2004	City Did Not Violate Employee's Right to Representation Because It Did Not Require Employee to Attend an Investigatory Interview after Employee Requested Union Representation.
September 10, 2004	City Did Not Violate the Meyers-Milias-Brown Act When It Assigned New Duties to Its Senior Clerk/Typists Because the Assignment of Duties Is Not a Mandatory Subject of Bargaining If Such Duties Are Reasonably Related to Existing Ones.
September 10, 2004	City's Refusal to Offer a "Last Chance" Agreement Did Not Violate the Meyers-Milias-Brown Act Because the City Did Not Have a Policy or Past Practice Requiring Such Agreements for First-Time Offenders of Its Alcohol and Drug Use Policy.
September 10, 2004	A Water District Violated Its Own Local Rules by Accepting a Unit Modification Petition, Approving the Proposed Unit, and Scheduling an Election on the Petition within 12 Months after the Incumbent Union Prevailed in a Decertification Election.
September 10, 2004	Urgency Legislation Signed by the Governor Exempts, on a Retroactive Basis, Volunteers Working on Public Works Projects from Having to be Paid Minimum Wages.
September 10, 2004	CalPERS Drops HMO Coverage at 24 Hospitals Statewide Next Year.
September 10, 2004	New COBRA Regulations Require Employers to Change Notices and Procedures.
September 10, 2004	Trial Court Dismisses Employee's Entire Wrongful Termination Complaint against Community College District Because Employee Inappropriately Attempted to Revive Previously Dismissed Claims and Failed to Clearly Identify the Public Policy Supporting His Claim.
September 10, 2004	Employee's Termination for Dishonesty Upheld Based on the City's Effective Investigation and Documentation.
September 10, 2004	Civil Rights Complaints Containing Only Conclusory Allegations of Discrimination Can Nevertheless Survive Motions to Dismiss.
September 10, 2004	County Discriminated against Group Counselor, an 8-Year Employee with Osteoarthritis, When It Refused to Re-Administer a Training Examination, Inappropriately Required a Duck-Walk Test, and Failed to Accommodate the Counselor's Disability.
September 10, 2004	An Employer May Be Liable for Retaliatory Discharge When the Supervisor Who Initiates Disciplinary Proceedings Acts with Retaliatory Animus Even Though Discipline Is Separately Investigated and the Ultimate Decision to Discharge the Employee is Made by a Manager with No Knowledge That the Employee Has Engaged in Protected Activities.
August 10, 2004	Special Education Teacher Working Under Emergency Permit is Not Entitled to Tenure Though She Holds Social Science Credential.
August 10, 2004	Retired Employees Whose Employer Promised to Subsidize Their Medical Program Do Not Have Vested Right to PPO Coverage.
August 10, 2004	School District's Termination of Prior Construction Contract Does not Amount to Emergency Justifying Award of New Contract without Competitive Bidding.
August 10, 2004	Student Who Gave Classmates "Dark Poetry" is Not Liable for Making Criminal Threat.
August 10, 2004	Governor Signs Special Education Legislation Meant to Conform State Law with Federal Law.
August 10, 2004	Department of Education Study Details Educator Sexual Misconduct.
August 10, 2004	U.S. Department of Education Issues a Notice Regarding "Schoolwide" Programs.
August 10, 2004	School District Is Immune from"Waiting Time" Penalties.
August 10, 2004	Summary Judgment Was Not Available to Religious School Based on Theory Married Couple Could Not Work in the Same Department.
August 10, 2004	Former Employee's Testimony as to His Disability and Hearsay Medical Reports Are Insufficient to Justify a Disability Retirement from PERS.
August 10, 2004	Firefighter Not Entitled to Disability Retirement Where He Filed Application on Effective Date of his Dismissal for Cause.
August 10, 2004	Eleventh Circuit Holds That Inability to Work as a Police Officer Does Not Constitute Inability to Perform a Class of Jobs, and Thus Is Not a Substantial Limitation on the Major Life Activity of Working.
August 10, 2004	Employer Held to Have Satisfied Its Reasonable Accommodation Obligation.
August 10, 2004	Federal Civil Rights Act Protects Transsexual Employee's Non-Conforming Gender Behavior.
August 10, 2004	Court of Appeal Upholds Summary Judgment against Female Firefighter Who Alleged Sex Discrimination and Harassment.
August 10, 2004	Female Correctional Officers' Hostile Work Environment Claims Sufficient to Proceed to Trial in the Context of a Male Correctional Facility.
August 10, 2004	Employee's Success in Grieving Overtime Pay Errors Does Not Bar Him from Pursuing a Discrimination Claim.
August 10, 2004	Jewish Employee Can Bring a Religious Discrimination Claim against Jewish Supervisor.
August 10, 2004	U.S. Supreme Court Lets Stand Appellate Court's Application of the High Court's University of Michigan Diversity Standards to Police Department Promotions.
August 10, 2004	Beginning January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 Extends the Same Rights, Protections, and Benefits to Domestic Partners that Are Granted to Spouses.
August 10, 2004	Union Representing Court Employees Filed Unsuccessful Action to Receive Records of Superior Court Judges' Travel Expenses Because It Should Have Been Filed in the Superior Court.
August 10, 2004	Personnel Commission Rejects Unit Modification Petition to Include Non-Sworn Parking/Traffic Control Officers in Police Officers' Association Bargaining Unit.
August 10, 2004	In an Agency Shop Election, Union's Promise to Reduce Dues If Unit Voted in Favor of Agency Shop Did Not Interfere with Employees' Free Choice in Election and Thus Was Not an Unfair Labor Practice.
August 10, 2004	Unfair Practice Charge Filed by Non-Union Member Challenging Agency Fee Deduction Was Rejected Because Union Returned All Fees.
August 10, 2004	California Industrial Welfare Commission Falls to Budget Ax.
August 10, 2004	Living Wage Ordinance Does Not Violate Constitutional Contract Clause When Contract Does Not Address Issue of Wages to be Paid to Contractor's Employees.
August 10, 2004	Private Employers, as Opposed to Public Employers, May Control the Speech of Their Employees.
August 10, 2004	Employers Are Liable in Damages for Terminating At-Will Employees Where They Fraudulently Induced Employees to Accept the Employment.
August 10, 2004	Commission Upholds Seven-Day Suspension for Incompetence and Inefficiency in Light of City's Documented Progressive Discipline.
August 10, 2004	Employer Who Reinstated Workers' Compensation Policy Retroactively Is Still Subject to Penalty for Lack of Coverage.
July 10, 2004	School Board May Impose Harsher Penalty than Recommended by Hearing Officer.
July 10, 2004	Felony Conviction that is Reduced to a Misdemeanor Does Not Disqualify Individual for a Teaching Credential.
July 10, 2004	Program Allowing Educators Who Might Otherwise Retire to Work Part Time is Not a Fundamental and Substantial Public Policy.
July 10, 2004	United States Supreme Court Reverses Ninth Circuit's Decision on Technicality and Permits "Under God" to Remain in Pledge of Allegiance.
July 10, 2004	A California Public School Teacher Who Objects to Supporting the Union on Religious Grounds May Be Required to Pay the Equivalent of Full Union Dues to a Charity of Choice.
July 10, 2004	Court Upholds School District's Decision to Keep Student from Receiving Diploma and Attending Graduation Ceremonies Because He Did Not Complete Written Assignments on Time.
July 10, 2004	Arbitrator Upholds Decision Not to Grant Tenure to Faculty Member For Lack of Collegiality.
July 10, 2004	Court Upholds Administrative Law Judge's Decision to Terminate Community College Tenured Faculty Member for Evident Unfitness To Teach and Dishonesty.
July 10, 2004	Court Affirms Summary Judgment Against Citizen Who Sued to Recover Refund Offered by School District.
July 10, 2004	U.S. Department of Education Indicates that Student Immunization Records are Governed by FERPA, Not HIPAA.
July 10, 2004	Employer May Raise Affirmative Defense in Claim of Constructive Discharge Based on Sexual Harassment by Supervisors Where No Employer-Sanctioned Adverse Action Occurred.
July 10, 2004	Employer's Discharge of Elderly Taxi Cab Employee Solely to Avoid Losing Its Business License Not Liable for Age Discrimination.
July 10, 2004	Rejected Job Applicant's Age Discrimination Claim Fails Based on Well-Documented, Job Related Selection Process.
July 10, 2004	Protective Order Bars Employer from Conducting Discovery Regarding Its Terminated Workers' Immigration Status in a National Origin Discrimination Case.
July 10, 2004	Theater Improperly Refused Admittance to Quadriplegic with Service Dog.
July 10, 2004	Deputy Sheriff Cannot Force County to Grant Him Use of His Accrued Compensatory Time Off on Day He Specifically Requested.
July 10, 2004	Time Spent by Employees Changing into and out of Plant Gowns and Uniforms Held to Be Compensable Work Time under the Fair Labor Standards Act.
July 10, 2004	CalPERS Board Increases Health Insurance Premiums by An Average of 11% and Approves Regional Pricing Plan.
July 10, 2004	The Department of Labor's Final COBRA Notice and Disclosure Regulations Include Minor Revisions to the 2003 Proposed Regulations.
June 10, 2004	Effective Date of Disability Retirement as Determined by STRS triggers the 39-month Period During Which A Teacher May Seek Reinstatement to His Former Position.
June 10, 2004	Supreme Court Agrees to Hear Case as to Whether Evidence of Misconduct By Teacher that is Over Four Years Old is Admissible.
June 10, 2004	A Public Employee's Disciplinary Records Need Only Be Disclosed if Request is Reasonable and Well-Founded.
June 10, 2004	Neither Childcare Center or Property Owner are Liable Where Driver Intentionally Drove His Car Through Fence onto Playground, Killing and Injuring Children.
June 10, 2004	School Litigation Group Targets Districts Across the Country for FLSA Class Action Suits, But California School Districts are Immune from Suit under the FLSA.
June 10, 2004	Female Illegally Denied Coaching Job for Boys' Varsity Basketball Team Because She Presented Direct Evidence That Gender Was a Factor in the Decision Not to Hire Her.
June 10, 2004	Stereotyping "Motherhood" As Being Incompatible with Job Performance Found to be Sex Discrimination.
June 10, 2004	"Creative Necessity" Is Not Affirmative Defense for Sexual Harassment That Allegedly Occurred on the Set of the "Friends" Television Show.
June 10, 2004	Christian Employee Who Was Terminated for Harassing Gay Subordinate Failed to Establish Claim of Religious Discrimination.
June 10, 2004	Reassigning Asthmatic Employee to a Higher Paying Position at Her Existing Pay Rate Is Neither a Promotion Nor an Undue Burden and Thus Was a Required Reasonable Accommodation.
June 10, 2004	Correction Regarding Appellate Decision That the State Is Not Liable for Enacting a Safety Regulation That Had the Effect of Prohibiting an African-American Firefighter from Working Because of Facial Hair Disorder.
June 10, 2004	Arbitrator's Failure to Disclose His Conflict of Interest is Grounds for Vacating Arbitration Award.
June 10, 2004	New Classification of Regional Administrator Met Definition of "Confidential Employee" as Set Forth in Agency's Employment Relations Resolution.
June 10, 2004	Employer's Stated Reasons for Disciplining Whistleblower Held to be Retaliation.
June 10, 2004	Major Workers' Compensation Reform Focuses on Reducing Rates and Increasing Medical Control.
June 10, 2004	Employee’s 20-Day Suspension for Insubordination Was Appropriate Given Employee’s “Progressive Discipline” History.
June 10, 2004	Terminated Police Officer's Inconsistent Testimony Is Not Speech Protected under First Amendment.
June 10, 2004	California Supreme Court Will Review Appellate Decision That Evidence of Cal-OSHA Standards Is Admissible to Raise a Presumption of Negligence.
May 10, 2004	School District Must Admit Students Who Live on Property that Lies Only Partially within District Boundaries.
May 10, 2004	Community College is Not Required to Pay for Improvement to Land Made After Service of Eminent Domain Action.
May 10, 2004	Testing Participation Rules Eased.
May 10, 2004	Requiring Employee to Develop New Skills Is Not an Adverse Action for Purposes of Establishing Actionable Retaliation.
May 10, 2004	Age Discrimination in Employment Act Authorizes Liquidated Damages Against Municipalities for Willful Violations.
May 10, 2004	Termination of Tenured Faculty Member Upheld For Sexual Relations With Student.
May 10, 2004	Zealous Documentation Of Misconduct Assists In Upholding Termination Of Lead Worker.
May 10, 2004	The Public Employment Relations Board Directs University to Disclose Salary Survey Report to Union.
May 10, 2004	Union Failed to Provide Proper Notice Before Collecting Agency Fees.
May 10, 2004	Public Employment Relations Board Rejects Unfair Labor Practice Charge Concerning University's Unilateral Imposition of Student Fee.
May 10, 2004	Refusal to Process Union's Grievance Because Aggrieved Employees Did Not Sign Grievance Form Held to Be An Unfair Labor Practice.
May 10, 2004	County Committed an Unfair Labor Practice by Rejecting Unit Modification Petition from Competing Union During Term of Five Year Agreement.
May 10, 2004	CA Supreme Court Will Review Appellate Decision that the Same Six Month Statute of Limitations for the Filing of Unfair Labor Practice Charges Provided for Under the State's Other Public Sector Labor Laws Applies as well to Charges Filed Under the MMBA.
May 10, 2004	School District May Not Terminate Teacher for Criticism of Special Education Program.
May 10, 2004	Supervisors Held Not Entitled to Qualified Immunity for Claimed Retaliation Based on Employee's Speech.
May 10, 2004	Police Officer Was Neither Terminated in Violation of Public Policy Nor in Violation of the First Amendment Because His Lurid Book Severely Impaired His Ability to Perform Essential Duties and Caused Disruption within the Police Department.
May 10, 2004	By Removing Action from State Court to Federal Court, the University of California, as an Arm of the State, Waived its Eleventh Amendment Immunity.
May 10, 2004	Arbitrator Upholds Disciplinary Termination of Fire Captain in Remand Hearing for Single Act of Sexual Harassment.
May 10, 2004	Wide-Ranging Civil Rights Legislation Would Expand Title VII, Equal Pay Act, Federal Arbitration Act, and Remove Damage Cap.
May 10, 2004	President Bush Seeks 8% Increase in EEOC 2005 Budget.
May 10, 2004	Rejected Applicant with Meniere's Disease Fails to Show That He Was Substantially Limited in a Major Life Activity.
May 10, 2004	Terminated Employee with Drug and Alcohol Problem Who Was Not Rehired May Sue under Americans with Disabilities Act.
May 10, 2004	Supervisor's Comments to Italian-American Postal Worker That He Was a "Dirty Wop" and "No Spring Chicken" are Ruled Direct Evidence of Discrimination.
May 10, 2004	Public and Quasi-Public Entities Which Engage in Business Required to Give 60 Days Notice of Mass Layoffs under Federal Law.
May 10, 2004	Volunteers Providing Services in Connection with Public Contracts Required to be Paid Prevailing Wages.
May 10, 2004	District Court Erred in Compelling Arbitration and Ordering Party to Pay Its Pro-Rata Share of Fees Notwithstanding Contrary Ruling by Arbitration Panel.
May 10, 2004	State Board of Medicine And Similar Agencies Are Entitled To Absolute Immunity in Performing Functions Analogous to Prosecutor or Judge in Disciplinary Proceedings.
May 10, 2004	Because County Misled Employee, It Is Estopped From Asserting Employee's Failure To Exhaust Administrative Remedies For Her Wrongful Termination Claim.
May 10, 2004	California Supreme Court Denies Review of Case that Held That an Attorney Who on Occasion Serves as Legal Advisor to a Personnel Board May Not Prosecute an Administrative Case before the Board.
May 10, 2004	Employee's Negligence Action Against Employer Was Not Barred by Workers' Compensation Exclusive Remedy Rule.
May 10, 2004	Major Workers' Compensation Reform Bill Approved by California Legislature and Signed by Governor.
April 10, 2004	Governor Signs Bill Extending Sunset Clause for Inter-District Transfers.
April 10, 2004	School Districts are Not Required to Classify Teachers as Probationary Retroactive to Validity of Teaching Credential.
April 10, 2004	Local Disciplinary Proceeding Against Teacher Cannot Include Evidence of Misconduct that Occurred More than Four Years Earlier.
April 10, 2004	Students May Pursue False Claims Act Cause of Action Against Charter Schools.
April 10, 2004	Bill Would Let Public Universities and Colleges Authorize and Oversee Charter Schools.
April 10, 2004	U.S. Department of Education Proposes Regulations to Allow Single-Sex Classes.
April 10, 2004	City's Zoning Laws Do Not Violate College's Free Exercise of Religion.
April 10, 2004	State May Not Issue Tax-Exempt Bonds on Behalf of Religious Schools.
April 10, 2004	Assistant Principal Who Criticized Race Bias and Was Subsequently Demoted Allowed to Go to Trial against Superintendent.
April 10, 2004	Construction Company's Standing to Challenge Minority/Women Utilization Ordinance Not Dependent on Identification of Specific Future Contract Bid.
April 10, 2004	County Officials May Be Personally Liable for Not Allowing a Name-Clearing Hearing When the Reasons of Misconduct for an Employee's Termination are Made Public.
April 10, 2004	Governor Appoints Chairperson of the Public Employment Relations Board.
April 10, 2004	By Its Conduct, Employer May be Held to Have Adopted Unsigned Collective Bargaining Agreement.
April 10, 2004	No Violation Where Evidence Shows Adverse Action Would Have Been Taken Even Absent Protected Activity.
April 10, 2004	City Did Not Commit an Unfair Labor Practice by Deciding to Use Consultant to Evaluate Grievances.
April 10, 2004	County's Modification of Grievance Procedure without Notice and Bargaining Held a Violation of Meyers-Milias-Brown Act.
April 10, 2004	Public Employment Relations Board Defers Unfair Charge to Arbitration.
April 10, 2004	Public Employment Relations Board Lacks Jurisdiction Over Unfair Charge Against American Arbitration Association for its Handling of Agency Fee Appeal Hearing.
April 10, 2004	Plaintiff Is Bound by Arbitrator's Decision after He Voluntarily Chose to Arbitrate Instead of Withdrawing His Grievance Claim.
April 10, 2004	Courts Decide Arbitrability Disputes, Unless, As Here, the Parties are Found to Have Agreed to Leave the Decision to the Arbitrator.
April 10, 2004	By Failing to Reach Issue of Unconscionability the Court Could Not Address Arbitrability Issue of Defendant's Claim.
April 10, 2004	CalPERS May Institute Regional Pricing for Its Members to Compete with Cheaper Health Plans.
April 10, 2004	The State Is Not Liable for Enacting a Safety Regulation That Had the Effect of Prohibiting An African-American Fire Fighter from Working Because of Facial Hair Disorder.
April 10, 2004	Age Discrimination Employment Act Does Not Recognize Claim of Younger Employees Over Age 40 Based on More Favorable Benefit Afforded to Older Employees.
April 10, 2004	Court Erred in Instructing Jury That Supervisory Status Requires Full Accountability and Responsibility for Employee's Performance and Work Product.
April 10, 2004	Temporary Employment Agency May Be Held Liable for Retaliation Even If It Cannot be Liable for Related Harassment.
April 10, 2004	Evidence of Cal-OSHA Standards Is Admissible to Raise a Presumption of Negligence.
April 10, 2004	Governing Board of Trust Fund Jointly Administered by Union and City Public Works Department Need Not Hold Meetings in Public.
April 10, 2004	"Highly Qualified" Rules Eased for Some Teachers.
March 10, 2004	City Council Member's Communication with City Employees on Behalf of Constituent Is Constitutionally-Protected Speech.
March 10, 2004	Library Commission Is Required to Hear General Comments from The Public on Only One Day of a Multi-Day Meeting.
March 10, 2004	Probationary Teacher May Become Permanent Employee Even Though Spouse is Member of Governing Board.
March 10, 2004	School Board May Not Avoid Conflict of Interest By Delegating Its Authority to District Superintendent.
March 10, 2004	School Districts May Not Impose a Fee Upon Providers of Deferred Compensation Plans to Cover Administrative Costs.
March 10, 2004	U.S. Department of Education Eases Guidelines on Measuring Progress of Students with Limited English Skills.
March 10, 2004	Denial of Scholarship to College Students Pursuing Devotional Degrees Does Not Violate First Amendment.
March 10, 2004	New Notice, Not Refund, Is The Proper Remedy for Faulty Agency Service Fee Notice.
March 10, 2004	"Check-In/Check-Out" Systems Implemented for Security Purposes Do Not Fall within the Mandatory Scope of Bargaining.
March 10, 2004	Arbitrator Upholds Decision to Lay Off Custodians.
March 10, 2004	Unfair Practice Charge Dismissed Because Teacher Could Not Establish Nexus Between Alleged Protected Activity and Adverse Action.
March 10, 2004	California Supreme Court Accepts for Review Appellate Decision That Upheld Required Selection of Most Senior Applicant from Amongst the Three Highest Qualified Rankings.
March 10, 2004	Contract Provision Requiring Employee to Pay Half of Arbitration Costs Was Unenforceable.
March 10, 2004	City Retains Discretion to Create Own Promotional System.
March 10, 2004	Policy Under Which Safety Employees on 4850 Disability Leave Are Paid for Accumulated Vacation after They Went on Disability Retirement Was Proper; Employees Are Not Entitled to Be Paid for Their Earned Vacation Accruals During Their 4850 Leave.
March 10, 2004	Denial of Transfer to Lateral Position with Greater Responsibility But the Same Pay Held to be An Adverse Action.
March 10, 2004	County Pays $18 Million to Settle Charges of Reverse Discrimination.
March 10, 2004	Admission of Testimony of Human Resources Expert in Plaintiff's Retaliation Lawsuit Was Prejudicial Error.
March 10, 2004	Police Officer Who Was Fired for Selling Sexually Explicit Video of Himself Online May Sue Under First Amendment.
February 10, 2004	School District May Not Recover Bond Because it Purposely Mislead Bidder.
February 10, 2004	Director of Irrigation District May Not Simultaneously Serve on a County Board of Supervisors.
February 10, 2004	Member of Local Agency Legislative Body Appointed by it to State Commission May Not Disclose Information Received in Commission Closed Session to Appointing Local Agency.
February 10, 2004	Law Mandating Employers to Provide and Pay for Employee Health Insurance to be Challenged by Referendum Vote.
February 10, 2004	Confrontation Grows between Cities and States and the Federal Government Over the Importation of Prescription Drugs from Canada.
February 10, 2004	Court Holds that Union Representative's Discussions with Members Regarding Pending Legal Action are Not Privileged.
February 10, 2004	Sympathy Strike Did Not Violate the General No Strike Clause Contained in the Collective Bargaining Agreement.
February 10, 2004	An Attorney Who On Occasion Serves as Legal Advisor to a Personnel Board May Not Prosecute an Administrative Case Before that Board.
February 10, 2004	Congress Fails in Second Attempt to Block the Department of Labor from Revising its "White Collar" Overtime Exemptions.
February 10, 2004	Border Patrol Agents Held To Be Overtime Exempt Executives Based On Supervisory Duties During Rotating Shifts.
February 10, 2004	EEOC Offers Guidance on Bias and Diabetes.
February 10, 2004	Subjective Hiring Decision From Among Objectively Established Qualified Applicants Was Not Discriminatory Because Appointing Authority Making Decision Had Authority to Consider Non-Discriminatory Factors Other Than Test Scores.
February 10, 2004	Employer's Decision to Save White Employee from Impending Layoff by Giving That Employee Preference in Filling Job Opening over African-American Employee Who Did Not Face Layoff Did Not Give Rise to Inference of Discrimination.
February 10, 2004	Termination Upheld of Employee Who Refused to Remove From His Office Wall Biblical Passages That He Intended to be Condemning of Homosexual Employees.
February 10, 2004	Firefighter Who Protested Station Closing Unlawfully Suspended.
February 10, 2004	Additional Service Credit under AB 719 is Only Available to Active Members.
January 10, 2004	School District is Not Liable for Student's Injury Sustained While Crossing Street after Classes were Dismissed.
January 10, 2004	Nonprofit Group May Not Sue to Remove School Board Member Based on Change of Residency.
January 10, 2004	District Committed an Unfair Labor Practice When it Did Not Re-Elect a Teacher Who Requested a Union Representative.
January 10, 2004	District Should Have Bargained Layoffs of School Police When Positions were Contracted Out to Municipal Police Force.
January 10, 2004	Budget Strapped School District Entering Into Contract for Transportation Services Prior to Completion of Impasse Procedures Found Not Justied as a Business Necessity.
January 10, 2004	PERB Affirms ALJ's Decision to Award Compensatory Time to Teachers Who Were Expected to Work Longer Hours Than Were Negotiated, With the Manner of Granting the Comp Time to be Subject to Negotiations.
January 10, 2004	Arbitration Provision in Collective Bargaining Agreement is Not Enforceable Where There is No Clear and Unmistakable Waiver of Right to File Suit For Violation of Statutory Rights.
January 10, 2004	School District Settles Harassment Case for $1.1 Million Dollars and Agrees to Provide Mandatory Training for Teachers, Administrators, Staff, and Students.
January 10, 2004	Co-Worker (But Not Employer) Found Liable for Creating Hostile Work Environment During Course of Business Trip.
January 10, 2004	Department Director Who is Also a Teacher May Not Be Reassigned to Teaching Because of Exercise of Her First Amendment Rights; and Further, She May Sue as "Qualified Individual" under ADA Even Though She Receives a Disability Pension.
January 10, 2004	Employer Need Not Rehire Rehabilitated Drug Addict It Had Previously Terminated for Drug Use.
January 10, 2004	Employee Claiming Discrimination Under the FEHA Need Not Exhaust Local Agency Administrative Procedures.
January 10, 2004	Employee May Pursue Claim that Employer Retaliated Against Her for Complaining about Sexual Harassment.
January 10, 2004	An Employer May Terminate an Employee for Dating a Subordinate if it Creates a Conflict of Interest Prohibited under Its Policies.
January 10, 2004	Congress Amends Fair Credit Reporting Act to Clarify that Employees Need Not be Informed of Investigations for Misconduct.
January 10, 2004	Employers That Give Incorrect Negative Reference Information are Not Liable in the Absence of Malice.
January 10, 2004	Former Employee Who Posted Derogatory Messages on Internet about Employer Held Liable for Defamation.
January 10, 2004	CalPERS Reveals Methodology for Calculating Member Contributions under AB 719's Authorization for Member Contributions for Up to Five Years Additional Service Credit.
December 10, 2003	Districts Should Begin Organizing Seniority Lists
December 10, 2003	Parents of High School Student Who Had Affair with Teacher Cannot Recover for Emotional Distress
December 10, 2003	Decisions to Reduce Work Hours and Eliminate Unit Positions and Impacts of Decision to Reassign Duties Held Mandatory Subjects of Bargaining
December 10, 2003	Employees Association Must Grant Charter to Division Seeking Separate Affiliation
December 10, 2003	Punitive Damages Available for Bus Driver Who Criticized Teachers' Relationships With Students
December 10, 2003	9 ½ Year Delay in Concluding an Administrative Appeal Overrides the Usual Requirement for Exhausting Administrative Remedies Before Filing Suit.
December 10, 2003	Congress Drops Plan To Block DOL's Proposed Regulations Modifying the "White Collar" Overtime Exemptions
December 10, 2003	Dallas Convention Coordinators Held Exempt from FLSA Overtime as Administrative Employees
December 10, 2003	California's Division of Labor Standards Enforcement Decides to Leave Manual and Opinion Letters on Website
December 10, 2003	Employer's Denial of Maternity Leave Extensions were in Violation of Employee's Rights Under the FMLA
December 10, 2003	California Supreme Court Holds that an Employee Who Unreasonably Fails to Utilize Adequate Anti-Harassment Procedures May Have Damages Reduced, But Employers are Still Strictly Liable for Sexual Harassment by Supervisors.
December 10, 2003	Notwithstanding Compelling Statistical Evidence, Employees Failed to Establish Reverse Discrimination Claim Because Employer Provided Legitimate, Nondiscriminatory Reasons for Its Promotion Decisions.
December 10, 2003	Terminated Postal Employee Failed to Exhaust EEOC Remedies and Could Not Establish Prima Facie Case of Racial Discrimination
December 10, 2003	Two Discriminatory Statements by Fellow Employee, And Transfer to Field Assignment, Held Not to Constitute Actionable National Origin Discrimination
December 10, 2003	Employee's Refusal to Cooperate in an Interactive Process on the Question of Reasonable Accommodation Prevents the Employee from Establishing that His Termination Constituted Unlawful Discrimination.
December 10, 2003	Three Month Time Lapse Between Employee's Bias Complaint and Her Firing Does Not Foreclose Retaliation Claim
December 10, 2003	Elevator Operator Does Not Qualify for Social Security Disability Benefits Even Though Her Job Category No Longer Exists
December 10, 2003	Public Employees Have a Legally Protected Right of Privacy in the Salary They are Paid
December 10, 2003	Firing of State Hospital Manager May Have Breached Her Right to Free Speech
December 10, 2003	Full Trial Must Resolve Questions Whether Newspaper Columnist Was an Employee or Independent Contractor, and Whether His Termination Violated His Protected Speech Rights.
December 10, 2003	Physician was Entitled to Hearing Before Termination
December 10, 2003	Deputy District Attorneys Erroneously Classified as Safety Members Under the County's Retirement System Could Not Retain Their Safety Membership Status in Contravention of Statutory Limitations.
December 10, 2003	Newspaper is Entitled to Attorney Fees in Action Arising from County's Brown Act Violations
December 10, 2003	Company Failed to Satisfy Its Vocational Rehabilitation Obligation to Injured Employee When It Terminated Him for Unexcused Absences
December 10, 2003	Social Worker is Entitled to Qualified Immunity for Mistakenly Referring Child for Medical Sexual Abuse Examination without Court Order or Parental Consent
November 10, 2003	Employees Reprimanded for "Scuttlebutt" are Not Shielded by First Amendment
November 10, 2003	School District May Prohibit Teachers from Wearing Union Buttons in Class During Instructional Time
November 10, 2003	School District Must Provide Facilities to Charter School that has Students from District
November 10, 2003	Police Officer Assigned as School Resource Officer is School Official for Purposes of Assessing Legality of Search on School Grounds
November 10, 2003	Absence of Factual Specificity Results in Dismissal of Unfair Labor Practice
November 10, 2003	Lack of Bargaining Request Thwarts Unfair Labor Practice Charge
November 10, 2003	The State Conciliation Service May Conduct an Agency Shop Election If the Current Agency Shop Provision is First Rescinded or Removed from Memorandum of Understanding in Accordance with Statutory Procedures.
November 10, 2003	Culinary School Deemed College and Its Teachers are Exempt from Overtime Wages
November 10, 2003	Court Upholds Award of Overtime Wages to Employees of Home Healthcare Service Provider
November 10, 2003	Worker Must be Paid for Mandatory Counseling Sessions
November 10, 2003	Court Sanctions EEOC For Not Making a Good Faith Effort at Conciliation
November 10, 2003	Asian American Transit Inspector Gets New Trial on Punitive Damages
November 10, 2003	EEOC, Supercuts Agree to Settlement of $3.5 Million to End Race Bias Case
November 10, 2003	Employer's Non-Discriminatory Rationale for Terminating 60-Year Old Employee Found To Be Pretexual
November 10, 2003	Police Trainee Could Not Demonstrate that Termination Resulted from Alleged Sexual Harassment
November 10, 2003	Lack of Promotion Held to be Based on Lower Qualifications and Not Gender
November 10, 2003	Prior Case Law Prohibiting Employers from Requiring Applicants to Sign Arbitration Agreements is Overruled
November 10, 2003	Several new laws impacting public education are reviewed below
October 10, 2003	Student Who was Shot Off Campus Following Repeated Threats May Sue School District for Negligent Supervision
October 10, 2003	Minor with Disabilities and Parents Failed to Demonstrate Minor was Denied Free Appropriate Public Education under IDEA
October 10, 2003	Coach May be Liable for Instructing Swimmer to Dive into Shallow End of Racing Pool
October 10, 2003	Community College May be Sued for Injuries Sustained by Student Playing on College's Baseball Team
October 10, 2003	Teacher is Not Entitled to Addresses of Witnesses Named in Confidential Investigative Report
October 10, 2003	University Discriminated Against Male Applicant for Coaching Position in Women's Crew Program
October 10, 2003	Employee Who Allegedly was Coerced by Supervisor to Have Sex to Keep Job Failed to Establish Case under Title VII
October 10, 2003	County May be Liable for Sexual Harassment Committed by Employee Despite Being Dismissed from Lawsuit
October 10, 2003	Employer May Seek Restraining Order On Behalf Of An Employee Even Though That Employee Was Not Specifically Threatened
October 10, 2003	Diabetes Covered by the Disability Act If It Substantially Limits the Major Life Activity of Eating
October 10, 2003	Employer Satisfied Its Burden of Demonstrating It had Legitimate, Nondiscriminatory Reason for Terminating Employee
October 10, 2003	EEOC Files Two Lawsuits Charging Employers with Post-9/11 Discrimination
October 10, 2003	In Sexual Harassment Action, Court Erred in Finding That There Was No Factual Issue Regarding Remediation
October 10, 2003	Employee Who was Terminated After Reporting Sexual Harassment of Another Employee May Sue for Retaliation
October 10, 2003	Successfully Defending Against Sexual Harassment Charge Brought by a Fellow Employee is "Protected Activity" That May Constitute the Basis for a Retaliation Claim.
October 10, 2003	Prison Nurse Failed to Prove That The Reasons Given By Employer for Failing to Promote Her Were Pretextual
October 10, 2003	Sheriff's Office Found Liable for Retaliation against African-American Deputy
October 10, 2003	Short Time Lapse Between Bias Complaint and Termination May Prove Retaliation
October 10, 2003	Employer and Union May Negotiate Benefits for Current Retirees
October 10, 2003	In Sex Discrimination Action, Employer Provided Sufficient Evidence to Justify Differences in Pay
October 10, 2003	Contract Bar Protects Union from Having Outside Organization Picking Off a Unit Classification
October 10, 2003	Governor Signs Bill Authorizing Agency Shops for Supervisory and Confidential Employees
October 10, 2003	State Utilities Commission Authorized to Meet In Closed Session to Discuss Settlement of Litigation
October 10, 2003	Board Member Who Filed Lawsuit Challenging Board Decision is not Required to Resign But Board May Not Settle Case Unless He Does Resign
September 10, 2003	Termination of Teacher Engaged in Lawsuit Against Former Employer Did Not Establish That Her Termination Was In Retaliation For Having Filed the Lawsuit
September 10, 2003	College Instructor Terminated for Misappropriation of Funds Entitled to Name Clearing Hearing
September 10, 2003	School District Can Charge Its Retirees A Preferred Provider Health Insurance Enrollment Fee
September 10, 2003	California Citizen has Standing to Bring Suit under Brown Act Regardless of Place of Residence
September 10, 2003	Temporary Segregation of Disabled Student from other Students did not Violate Individuals with Disabilities in Education Act
September 10, 2003	ALJ Rejects District's Policy Against Wearing of Union Buttons
September 10, 2003	Court Affirms that Part-Time Faculty are Not Entitled to Probationary or Full-Time Status
September 10, 2003	Better Beginning Salaries and Poor Job Market Helping Alleviate Teacher Shortage According to AFT
September 10, 2003	Defense of Risk to Health of Employee Him or Herself Under Disability Law to be Resolved by Jury
September 10, 2003	Employee Seeking Accommodation is Not Entitled to Reassignment to Position in Different Civil Service Classification without First Complying with Competitive Examination Process.
September 10, 2003	Sick Leave Policy Requiring Certification Providing a General Diagnosis Triggers ADA Protections
September 10, 2003	Color-Blind Bus Driver was not "Otherwise Qualified"
September 10, 2003	Harassment of Devout Employee Held Not Motivated by Her Religion
September 10, 2003	Jury Award in Favor of Chinese National of over $2.6 Million is Affirmed
September 10, 2003	Employers' Association Held Not to be Employer of Workers Alleging Racial Discrimination
September 10, 2003	Employee Failed to Prove Co-Worker's Actions were Sufficiently Severe to Establish a Hostile Work Environment
September 10, 2003	Imposition of Domestic Violence Training for Law Enforcement Officers is not Reimbursable State-Mandated Program
September 10, 2003	City Council May Not Enter Into No Fee Contract With Law Firm in Which a Council Member is a Partner
September 10, 2003	A Modified Agency Shop Agreement That Made Payment of Agency Fees Mandatory Only for Future Unit Employees, May Not Limit Benefits to Employees Who Pay Union Dues or Agency Fees.
September 10, 2003	Employer Not Obligated to Maintain Parity in Pay Within Job Classifications as Between Confidential and Rank and File Employees
September 10, 2003	School District Violated Bargaining Law by Modifying Librarians' Work Hours
September 10, 2003	County Violated the Meyers-Milias-Brown Act Through Retaliatory Discipline of Physician Who Engaged in Union Organizing Activities
September 10, 2003	Actual Bias Must be Shown to Disqualify Administrative Law Judge
September 10, 2003	Animal Shelter Facility is a "Public Work" Within Meaning of Labor Code and Thus Subject to State's Prevailing Wage Law
September 10, 2003	Changing Into and Out of Specialized Protective Gear Constitutes "Work" under the FLSA for which Employees Must be Compensated
September 10, 2003	Governor Signs Bill Amending Meyers-Milias-Brown Act
August 10, 2003	Information Revealed by Medical Provider Does Not Violate Confidentiality of Medical Information Act
August 10, 2003	Female Dean Fails to Show $20,000 Salary Disparity Constitutes Unlawful Discrimination
August 10, 2003	Eleventh Circuit Affirms $16.8 Million Award for Reverse Discrimination
August 10, 2003	Filtering Provisions of Children's Internet Protection Act that are imposed on Public Libraries are Constitutional
August 10, 2003	Principal Who Denied Teacher Promotion Because Her Children Attended Private School is Not Entitled to Qualified Immunity
August 10, 2003	California State University is not Required to Pay for Off-Campus Traffic and Fire Improvements
August 10, 2003	Employer May Not Block Former Employees from Sending Emails to Employees Critical of the Company's Employment Practices
August 10, 2003	Employee's Claim for Invasion of her Constitutional Right to Privacy is Not Precluded by Exclusivity Provision of Workers' Compensation Act
August 10, 2003	Employer May Require Employee to Use Sick and Vacation Leave When Seeking Treatment for Permanent Industrial Injury
August 10, 2003	Nevada Supreme Court Orders Legislature to Act by Simple Majority to Pass Budget, to Comply With Constitutional Mandate to Fund Education
August 10, 2003	Washington Supreme Court Holds Arguments over State Guidelines Limiting Teachers' Activities at School
August 10, 2003	AB 242, Assembly Member Liu. Teachers.
August 10, 2003	SB 187, Senator Karnette. District interns. An act to amend Sections 44325, 44326, 44328, and 44830.3 of the Education Code, and declaring the urgency thereof, to take effect immediately.
August 10, 2003	AB 36, Assembly Member Wyland. Pupil achievement. An act to amend Section 52056 of the Education Code.
August 10, 2003	City Council May Not Enter Into Public Works Contract with Prime Contractor When Mayor is Officer, Stockholder, and Employee of Subcontractor
August 10, 2003	Security Officers Employed by Community College District May Not Act as Peace Officers on Behalf of District Without First Completing Penal Code Training Requirements.
August 10, 2003	Hearing Officer Sustains Termination of Police Officer for Providing False Courtroom Testimony
August 10, 2003	Court Of Appeal Reverses Hearing Officer and Upholds Termination of Employee for Fraud
August 10, 2003	School District Owed Duty to Protect Student from Campus Assault Prior to School Hours
August 10, 2003	Open School Yard Gate that Encourages Children to Cross a Dangerous Intersection Constitutes a Dangerous Condition
August 10, 2003	School Vice-Principal Who Disciplined Student by Taping Head to Tree is not Entitled to Qualified Immunity
August 10, 2003	State Board of Education Decides to Postpone California High School Examination Requirement to the Class of 2006
August 10, 2003	Employer Gave Up Right to Bargain Change Pertaining to Negotiable Subject During Contract Term
July 10, 2003	Fresno County Considers New Program to Curb Workers' Compensation Costs
July 10, 2003	United States Supreme Court Upholds University of Michigan's Law School Affirmative Action Program Which Allowed Race as a "Plus Factor" and Required Individualized Assessment of Applicants
July 10, 2003	Anti-Abortion Activists Do Not Have Right to Distribute Literature on High School Campus
July 10, 2003	Citizens' Group Lacks Standing to Sue Over Teacher’s Statements in the Classrooom
July 10, 2003	Lawsuit to Remove School District Official Who Does Not Reside in District is in Public Interest
July 10, 2003	Appropriate Bargaining Unit Existed, Despite School's Contention that any Bargaining Unit was Rendered Inappropriate Because of a Conflict of Interest Between the EERA and School Charter.
July 10, 2003	Three-Year Statute of Limitations Period is Applied by the PERB to Charges Involving Meyers-Milias-Brown Act Agencies
July 10, 2003	Court Clarifies Smaller Unions' Financial Reporting Obligations to Agency Fee Payers
July 10, 2003	Teacher Who Was Terminated for Performance Reasons Did Not Suffer Discriminatory Discharge and was Not Fired in Retaliation for Filing Race and Sex Discrimination Charges.
July 10, 2003	Direct Evidence Supports Causal Nexus Despite Six-Year Lapse Before Discharge
July 10, 2003	Transportation Department Engineer Reassigned to Street to Count Cars, Raises Discrimination and Retaliation Issues
July 10, 2003	Teacher's Improper Conduct to Counselor Held Not to be Actionable Sexual Harassment
July 10, 2003	County Subject to Liability for Failure to Prevent Further Harassment
July 10, 2003	Veterans' Hospital is not Liable under State Law for Harassing Conduct of Patient
July 10, 2003	In Cases Involving Both Bona Fide and Discriminatory Motives for an Adverse Action, Circumstantial Evidence May Suffice to Find the Employer Liable
July 10, 2003	Male Ex-Basketball Coach May Proceed with Discrimination Claim Based on Pay Disparity
July 10, 2003	Court Grants Summary Judgment on Female Firefighter's Claim of Discrimination
July 10, 2003	Long Term Employee Fails to Establish He Was Terminated in Violation of Age Discrimination in Employment Act
July 10, 2003	Los Angeles Police Department Settles Age Discrimination Case and Removes Maximum Age Requirement for Applicants
July 10, 2003	Dreadlocked Officer May Not Be Treated Differently from Other Employees
July 10, 2003	Employees are Barred from Challenging Discriminatory Decision Made Outside Limitations Period
July 10, 2003	Employee Alleging Discrimination was Entitled to Sue when Department of Fair Employment and Housing Failed to Issue Right-to-Sue Letter within Year of Filing of Complaint.
July 10, 2003	City Council's Approval of Settlement Agreement was in Violation of Open Public Meetings Act and Therefore Null and Void
July 10, 2003	Employer Could Properly Terminate Worker Based on Reasonable Belief He was Misusing Family Leave
July 10, 2003	California Public Schools Are Immune from Suit under the FLSA if Immunity is Immediately Asserted
July 10, 2003	Firefighters Who Wear Pagers While "On Call" are not Eligible for Overtime
July 10, 2003	Systems Engineer Held Not Exempt Computer Professional
July 10, 2003	Court Gives Broad Discretion to City in Controlling the Timing on the Use of Accumulated Compensatory Time
July 10, 2003	No Liability under FLSA Where Exempt Employees Cannot Show an Actual Practice or Substantial Likelihood of Impermissible Disciplinary Pay Deductions
July 10, 2003	Held: City Did Not Properly Establish a 28-Day Work Period for Firefighters, and Its Violation was Willful, Resulting in Maximum Statutory Liability
July 10, 2003	Back Wages Owed Can be Offset by Bonuses Earned in the Same Work Week
July 10, 2003	Lawsuit under FLSA Filed in State Court May be Removed to Federal Court
July 10, 2003	Employer May Terminate At-Will Employee for Engaging in Self-Defense When Retreat Was Possible
July 10, 2003	Employee Held Not to have been Wrongfully Terminated Where He Did Not Complain of Illegal Activities by Fellow Employees; But Employer May Be Liable for Defamatory Statements Made About Employee by Other Employees.
July 10, 2003	PERS Health Committee Approves 2004 Health Premium Package
July 10, 2003	Plaintiffs Did Not Waive Right to Arbitration by Filing Lawsuit and Seeking Restraining Order Against Defendant
July 10, 2003	39-month Period for Teacher to Seek Reinstatement Following Disability Retirement Starts on Date Disability Retirement Becomes Effective, Rather than Date Approved.
July 10, 2003	This month, we review two bills. One concerns governance and the other charter schools. Our review of these bills reflects their current composition and status. Please note that as bills work their way through the Legislature they may be amended.
July 10, 2003	AB 604, Assembly Member Dymally. Education: charter schools. An act to amend Section 47651 of the Education Code.
June 10, 2003	Police Officer May Bring Suit Claiming Retaliation for Complaining About Sex Discrimination Based on Changes in Job Duties and Workplace Location
June 10, 2003	City Attorney that Reviewed Permit Application Should not Have Assisted at Administrative Appeal Hearing
June 10, 2003	Terms of Collective Bargaining Agreement Determine When Employee is Entitled to Be Paid While on Family Leave
June 10, 2003	State Agencies Not Immune from Being Sued by Their Employees Under the Federal Family and Medica