Dec 6, 2018 Special Bulletins
DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019

DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019

Dec 3, 2018 Client Update

Employee’s Allegedly Dishonest Comments Are Protected by the MMBA Unless the Employer Can Prove the Employee Knew the Comments Were False.

Under the Meyers Milias Brown Act (“MMBA”), employee statements related to the terms and conditions of employment are legally protected.  They lose the protection of the MMBA only if they are flagrant, defamatory, insubordinate, or made with malice such that they cause a “substantial disruption of or material interference with” an agency’s operations.

Dec 3, 2018 Client Update

No Travel Time Pay for Special District Employees Who Voluntarily Drove Company Vehicles During Commute.

Pacific Bell Telephone Company (“Pac Bell”) employs technicians to install and repair residential video and internet services.  Prior to 2009, Pac Bell required all technicians to pick up company vehicles loaded with equipment each day at a Pac Bell garage.  Pac Bell paid technicians for time spent picking up the vehicle at the garage, loading it with equipment, and driving to the first work site.  Pac Bell also paid technicians for time spent driving from the last customer worksite to the garage at the end of the work day, but did not pay them for time spent traveling to or from the garage and their homes at the start and end of their shifts.

Dec 3, 2018 Client Update

Injured Employee Gets a Jury Trial After His Employer Denies Previously Approved Transfer and Requests a Resignation.

The U.S. Court of Appeals for the Ninth Circuit found that an employee presented enough evidence to survive summary judgment and have his case heard by a jury. 

Dec 3, 2018 Client Update

Consortium Call of the Month

Members of Liebert Cassidy Whitmore’s employment relations consortiums may speak directly to an LCW attorney free of charge regarding questions that are not related to ongoing legal matters that LCW is handling for the agency, or that do not require in-depth research, document review, or written opinions.  Consortium call questions run the gamut of topics, from leaves of absence to employment applications, disciplinary concerns to disability accommodations, labor relations issues and more.  This feature describes an interesting consortium call and how the question was answered.  We will protect the confidentiality of client communications with LCW attorneys by changing or omitting details.

Dec 3, 2018 Client Update

Agency Was Permitted to Recover Costs of Redacting Electronic Public Records.

The California Court of Appeal found that the California Public Records Act (“CPRA”) permits a public agency employer to recover, from the requestor of public records, the actual costs to the agency of redacting information from electronic records in response to a request for electronically stored public records.