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March 26, 2010

Ninth Circuit Rules That Donning and Doffing of
Police Uniform and Gear is Not Compensable Under FLSA.

January 7, 2010

The Ninth Circuit Sets Standards for Deployment of Tasers.

December 18, 2009

Race to the Top Funding MOU.

November 11, 2009

Responding to the H1N1 Influenza (Swine Flu).

November 6, 2009

President Obama Signs Legislation Expanding Family and Medical Leave for Military Family Members.

June 2009

Maciel and Bamonte Oral Argument.

May 2009

FACT Act Update

This version is for Private and Independent Schools.

May 2009

FACT Act Update

May 2009

Responding to the H1N1 Influenza (Swine Flu).

This version is for Education Institutions.

May 2009

Responding to the H1N1 Influenza (Swine Flu).

March 2009

Enrollment Agreements.

This version is for Private Schools.

March 2009

Layoffs.

This version is for Private Schools.

February 2009

California Supreme Court Rules on Spielbauer. A Public Employer Can Discipline An Employee for Refusing to Answer Incriminating Questions Without a Formal Grant of Immunity So Long As the Employee is not Required to Surrender His of Her Right Against the Use of the Statements in a Criminal Prosecution.

February 2009

Court Clarifies When a Legislative Body May Act on Discipline in Closed Session Without Giving 24 Hour Notice to Employee.

February 2009

EMPLOYEE FURLOUGHS: Questions and Answers.

This version is for Education Institutions.

February 2009

EMPLOYEE FURLOUGHS: Questions and Answers.

February 2009

California Court of Appeal Has Ruled That Private Religious School Is Not A Business Establishment Subject To The Unruh Act And Therefore Was Permitted To Discriminate Against Students Based On Perceived Sexual Orientation.

November 2008

DOL Issues Final FMLA Regulations Addressing Issues Such as Intermittent Leave, Notice Requirements, Medical Certification, and the New Military-Related Leaves.
 

 

October 2008

A Six-Month Delay of Enforcement of the “Red Flags” Rule Requiring Identity Theft Prevention Programs Has Been Approved by the FTC.

 

July 2008
PART-TIME FACULTY WILL BE ABLE TO WORK 67%: Governor Signs Bill Increasing Part-Time Faculty Load Limits.

June 2008
The Ninth Circuit Has Ruled That Employees Have A Reasonable Expectation Of Privacy In Text Messages Transmitted and Stored Via An Employer Contracted Provider.

May 2008
Education Version
- Ninth Circuit Holds That employees subject to Lay Off are entitled to Pre- and Post-Termination Hearings.

May 2008
Ninth Circuit Holds That Lay Off Decision Requires Employer to Provide Pre- and Post-Termination Hearings.

January 2008
GOVERNOR'S PROPOSED EDUCATION BUDGET WILL REQUIRE SIGNIFICANT CUTS AND CAREFUL PLANNING BY DISTRICTS

On January 10, 2008, the Governor published his proposed budget for the 2008/09 fiscal year.

October 2007
Governor Signs AB 220: Firefighters Procedural Bill of Rights Act

On October 13, 2007, Governor Arnold Schwarzenegger signed into law the Firefighters Procedural Bill of Rights Act ("FBOR" or "Act"), Assembly Bill 220. Modeled after the Public Safety Officers Procedural Bill of Rights Act ("POBR"), the Act provides firefighters with rights beyond those of non-safety public employees. The Act, found at Government Code sections 3250 through 3262, becomes effective on January 1, 2008.

August 2007
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO v. SUPERIOR COURT.

California Supreme Court Holds That the Names and Salaries of Public Employees, Including Peace Officers, Who Earn $100,000
or More Per Year are Subject to Public Disclosure Under the California Public Records Act, Doing So in an Opinion the Reasoning of Which Clearly Applies to Public Employees Generally.

January 2007
Spielbauer
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.

January 2007
Bakersfield city school district
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.

August 2006
AB2613
Governor Signs AB 2613 Clarifying That Private School Teachers Are Exempt from Overtime.

August 2006
CAHSEE
Court of Appeal Vacates Trial Court's Preliminary Injunction Against Enforcement of CAHSEE Requirement for A High School Diploma-But Found Likely Merit in Their Equal Protection Claim.

June 2006
First Amendment
Supreme Court Limits First Amendment Protections for Public Employee Speech Made as Part of Official Duties.

April 2006
Sexual Harassment
The California Supreme Court Holds That A Creative Workplace Charged With Sexual Language and Conduct That Was Not Directed At The Plaintiff Was Insufficient To Constitute Hostile Work Environment Sexual Harassment.

April 2006
RESPONDING TO THE MAY 1, 2006 WORK STOPPAGE
This Special Bulletin, we will address four main issues arising out of the anticipated May Day events.

January 2006
LCW TO PROVIDE MANDATED ETHICS TRAINING
On October 7, 2005, the Governor signed Assembly Bill No. 1234 mandating ethics training for local agency officials.

January 2006
SENATE BILL 440

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.

December 2005
FPPC Proposes New Regulation Regarding Mandated Ethics Training.  On October 7, 2005, the Governor signed Assembly Bill No. 1234 which mandates ethics training for local agency officials.

December 2005
Effective January 1, 2006, the maximum number of hours a retired person receiving PERS retirement benefits may work for a PERS agency without triggering reinstatement from retirement will be calculated on a fiscal year basis, rather than a calendar year basis.

October 2005
On October 4, 2005, Governor Schwarzenegger signed legislation which was authored by Senator Gloria Romero and which amends California Vehicle Code Section 17004.7. Although the legislation does not require immediate action, it warrants attention because it will require significant advance planning by agencies.

September 2005
A federal district court in Sacramento County has once again ruled that the words "under God" in the Pledge of Allegiance violate the Establishment Clause of the United States Constitution, and has enjoined three school districts in Sacramento County from requiring students to recite the Pledge with the words "under God" included.

August 2005
In Retaliation Cases Brought under California's FEHA, California Supreme Court Holds That an "Adverse Employment Action" Is an Action or Series of Actions -- Viewed in Their Totality -- That Materially Affect the Terms and Conditions of Employment.

July 2005
California Supreme Court Holds That Employees May Establish Sexual Harassment Claim under California’s FEHA by Demonstrating That Widespread Sexual Favoritism Altered Their Working Conditions and Created a Hostile Work Environment.

March 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.


Special Bulletins are published periodically for the benefit of the clients of Liebert Cassidy Whitmore.  The information in Special Bulletins should not be acted on without professional advice.


Employment and Labor Law in California