Updates from Liebert Cassidy Whitmore

Best Practices in Personnel Management

Thu, 13 Sep 2012 00:00:00 PST

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Pressing The "Like" Button, Reluctant Counselors, And Key Lieutenants - First Amendment "Hot Topics"

Fri, 11 May 2012 00:00:00 PST

Several types of First Amendment cases have taken center stage this year, as free speech lawsuits by public employees continue to proliferate. This post addresses three areas that qualify as "hot topics."

1. Pressing "Like" on Facebook: Courts continue to struggle with...

A Local Agency May Not Enforce A Rule That Prohibits Both Non-Safety And Safety Employees From Being In The Same Bargaining Unit

Thu, 10 May 2012 00:00:00 PST

The County of Calaveras's employer-employee relations ordinance provides that peace officers must be represented in separate units composed solely of such peace officers. Notwithstanding this rule, the County has long recognized a bargain...

State Mediation And Conciliation Service Transferring To PERB

Thu, 10 May 2012 00:00:00 PST

The State Mediation and Conciliation Service (SMCS), a unit of the California Department of Industrial Relations, was established to assist in labor relations. SMCS provides mediators for labor disputes between employers and unions, in ad...

Non-Union Members Had The Right To Provide Input, But Not Vote, On Proposed Furlough Program

Thu, 10 May 2012 00:00:00 PST

Melanie Williams was a professor at California State University, Northridge (CSUN) but elected not to be a member of the faculty union. Instead, she paid an agency fee to the Union as a condition of employment. In 2009, CSUN was con...

City's Hard Bargaining Was Consistent With Its MMBA Duty To Meet And Confer In Good Faith

Thu, 10 May 2012 00:00:00 PST

The Glendale Employees Association filed an unfair practice charge that alleged that the City of Glendale violated its duty under the Meyers-Milias-Brown Act (MMBA) to meet and confer in good faith. Specifically, the Association alleged t...

CalPERS Reduces Employer Impact By Phasing-In Change In Contribution Rates

Thu, 10 May 2012 00:00:00 PST

In March 14, 2012, CalPERS decided to lower the discount rate from 7.75 percent to 7.5 percent in the assumptions it uses to determine employer contribution rates. This decision will increase the cost of employer contribution rates. ...

Disabled Nurse's Termination Was Not Unlawful Because Regular Attendance Was An Essential Job Function

Thu, 10 May 2012 00:00:00 PST

Monika Samper was a nurse in the neo-natal intensive care unit (NICU). NICU nurses provide a high level of intensive care to premature infants and require special training. The Hospital's attendance policy allowed employees to take ...

Pakistani Employee Who Was Taunted And Intimidated By His Indian Colleagues Could Take His Hostile Work Environment Case To Trial

Thu, 10 May 2012 00:00:00 PST

Mustafa Rehmani, a Muslim born in Pakistan, worked as a System Test Engineer for Ericsson, Inc. In November of 2009, Ericsson terminated Rehmani after he admitted to sending prohibited emails from his co-worker's email account. A fe...

Employer That Defeated A FEHA Retaliation Lawsuit Was Not Entitled To Recover Expert Witness Fees Because The Case Was Not Frivolous

Thu, 10 May 2012 00:00:00 PST

Eric Baker worked as a security guard for Mulholland Security and Patrol, Inc. and was assigned to work at an independent school. The Company received a complaint that Baker made personal calls during work hours and had a rude attitude.&n...