Daniel Cassidy Celebrates Fifty Years of Practicing Law

Daniel Cassidy Celebrates Fifty Years of Practicing Law

Liebert Cassidy Whitmore would like to congratulate Daniel C. Cassidy on celebrating fifty years of practicing law.  Dan, a founding partner of Liebert Cassidy Whitmore, is among the most experienced and accomplished practitioners in the fields of public sector labor relations, negotiations and employment law.

Dec 13, 2019 Business & Facilities

AB 48 – Places $15 Billion Bond Measure On March Primary Ballot, Which Would Be Largest School Construction Bond In California History

This bill authorizes placing a $15 billion bond measure to fund the construction and modernization of public education facilities on the March 3, 2020 primary ballot. If passed by the voters, this will be the largest bond measure to support schools in California history. The bill states that of the $15 billion in bond funding, $9 billion will go to preschool and K-12 projects.  Of that $9 billion, $5.2 billion is for modernizing schools, $2.8 billion is for new construction, $500 million is for career technical education facilities, and $500 million is for charter schools. The remaining $6 billion is reserved for higher education with the community colleges, the California State University system, and the University of California each receiving $2 billion. The bill also makes a number of changes to the existing School Facilities Program, through which districts apply for bond funding. For example, in place of a first-come, first-served process, these changes require the Office of Public School Construction to prioritize certain applications. Priority projects include those that will address health or safety hazards, assist districts facing financial hardships, or reduce severe overcrowding. This bill also encourages the use of bond funding for broadband internet access, seismic mitigation, and lead abatement projects. Overall, this bill creates the potential for a large influx in funding for school construction, while ushering in a new procedures and priorities for awarding funding.

Dec 10, 2019 Blog Posts

Preparing Briefs on Appeal

An important part of the litigation practice is appellate law.  One side can win in the trial court – by a motion to dismiss, on summary judgment, or after a jury trial – only to have the result overturned on appeal.  The court of appeal can send the parties back for an entirely new trial, or in some circumstance, it can decide that the party who lost at trial should actually win the case altogether.  Also, the court of appeal can publish its decision, meaning that the decision will serve as binding law for future cases raising the same issues.  Thus, a published appellate decision can have far-reaching effects for the industry or administrative area involved.  In addition, published appellate decisions often draw media attention, thus further raising the stakes.

Dec 9, 2019 Fire Watch

LCW Defeats Former Police Officer’s Attempt To Revive FLSA Lawsuit

LCW Partner Geoffrey Sheldon, and Associate Attorneys Danny Yoo, and Emanuela Tala helped a city defeat a Fair Labor Standards Act (FLSA) lawsuit that a police officer brought.

Dec 9, 2019 Fire Watch

Assembly Bill 1600 Shortens Notice Requirements For Pitchess Motions In Criminal Cases And Allows Disclosure Of Some Supervisorial Officer Records

On October 8, 2019, Governor Newson signed Assembly Bill 1600 (AB 1600) into law. AB 1600 amends the law in two ways.  First, it amends Evidence Code Section 1043 to shorten the notice requirement from 16 to 10 days in a criminal case when a defendant files a motion to discover records of police officer misconduct—i.e., a Pitchess motion.  The notice requirement for Pitchess motions in civil cases remains 16 days.

Dec 9, 2019 Fire Watch

Whether Employee Could Have Been Reasonably Accommodated In A Different Work Location Was Irrelevant To Her Entitlement To CalPERS Disability Retirement

Cari McCormick worked as an appraiser for Lake County from a location within a courthouse. She developed symptoms she felt were caused by the courthouse environment, including pain, fatigue, and dizziness. McCormick asked the County for accommodations, such as permission to telecommute, but her supervisors declined to let her work anywhere other than in the courthouse. She filed a claim for workers’ compensation and took an extended leave of absence. As part of the workers’ compensation process, the courthouse was tested. The tests revealed no mold and showed acceptable air quality. Her workers’ compensation claim was denied and the County terminated her employment because she had exhausted her medical leave.

Dec 9, 2019 Fire Watch

New York State District Court Finds NYC Violated FLSA By Failing To Pay For Pre- And Post- Shift Work

In October 2019, a New York State jury found that the City of New York failed to pay its Emergency Medical Services personnel for pre-shift and post-shift work in violation of the Fair Labor Standards Act (FLSA). More than 2,500 City EMTs and paramedics joined the suit, which was filed in 2013. The EMS personnel claimed the City never paid them for the 15 minutes prior to their tours that they used to prepare their equipment, or for the 15 minutes after every shift that they used to restock equipment and exchange information with the next tour.