Aug 21, 2018 Blog Posts
California Legislature Aims to Clarify Salary History and Equal Pay Statutes

California Legislature Aims to Clarify Salary History and Equal Pay Statutes

Aug 14, 2018 Blog Posts
Free Speech Rights at Private Colleges and Universities

Free Speech Rights at Private Colleges and Universities

Aug 9, 2018 Business & Facilities

Ninth Circuit Upholds California Statute Requiring Public Works Employers to Obtain Employee Collective Consent before Contributing to Anti-Union IAFs to Meet Prevailing Wage Requirement

California Labor Code section 1770 requires contractors on public works projects to pay their employees a “prevailing wage.”  To satisfy the prevailing wage requirement, employers can either pay all cash wages or pay a combination of cash wages and benefits, such as contributions to healthcare, pension funds, and other fringe benefits, such as employer payments to third-party industry advancement funds.  (“IAFs”).  In 2017, the Legislature, in Senate Bill 954, amended the Labor Code to clarify that employers may take a wage credit to support their prevailing wage contributions to IAFs only if their employees consented to doing so through a collective bargaining agreement (“CBA”).  The U.S. Court of Appeals for the Ninth Circuit upheld SB 954 against Constitutional challenge.

Aug 8, 2018 Blog Posts
Voter - Backed Pension Reform Is Dealt a Blow by California Supreme Court

Voter - Backed Pension Reform Is Dealt a Blow by California Supreme Court

Aug 7, 2018 Client Update

Retirement Board Must Provide Pensioner with Due Process to Determine Whether Felony Conviction Arose Out of Performance of Official Duties

Government Code section 7522.72 of the Public Employees’ Pension Reform Act (“PEPRA”) states that a public pensioner forfeits a portion of retirement benefits if the pensioner is convicted of a criminal felony that occurred in the performance of the pensioner’s official duties.  The California Court of Appeal upheld the constitutionality of this law and decided that the applicable retirement board must provide appropriate due process. 

Aug 7, 2018 Client Update

One Year Statute of Limitations on Police Officer Discipline Did Not Apply While Criminal Prosecution Was Pending

The Public Safety Officers Procedural Bill of Rights Act (“POBRA”) section 3304 requires that investigations into officer misconduct be conducted within one year after a person who is authorized to initiate an investigation discovers the allegations of misconduct.  The Court of Appeal confirmed that the limitations period was “tolled,” or paused in this case, while the misconduct at issue was subject to criminal investigation or prosecution.