Mar 21, 2019 Blog Posts
New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave

New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave

Mar 20, 2019 Business & Facilities

Labor Code Section 1072 Requires Public Agencies to Provide a Ten Percent Bidding Preference to Service Contractors Only if Contractors Expressly State They Will Retain Employees of the Prior Contractor for at Least 90 Days in their Respective Written..

Labor Code section 1072 creates a bid preference for service contractors that promise to retain employees in connection with their bid.  Specifically, Section 1072 subdivision (a) states:  “A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of 90 days…if awarded the service contract.”  Section 1072, subdivision (b) states an awarding authority “shall give a 10-percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor” under subdivision (a).  

Mar 19, 2019 Fire Watch

County’s Standard Administrative Leave Gag Order Interfered with Peace Officer and Union Rights

The County of Santa Clara initiated an investigation against Lance Scimeca, a peace officer and the president of the Santa Clara County Correctional Peace Officers’ Association (CPOA), for alleged violations of the County’s workplace communications policies. The County placed Scimeca on paid administrative leave and directed him to stay off of Sheriff’s Office property. The County also ordered him not to discuss the matter “with any witnesses, potential witnesses, the complainant, or any other employee of the Sheriff’s Office other than [his] official representative.”

Mar 19, 2019 Fire Watch

County Violated MMBA by Refusing Employee’s Request for Representation and Disciplining Him for Making the Request

Joel Madarang was a Custody Recreation Supervisor at the County of San Joaquin’s jail. As a Custody Recreation Supervisor, Madarang supervised inmate recreation programs. In 2014, Madarang began conducting bingo games for the female general population inmates on Thursday afternoons. Later, Madarang’s supervisor, Kristen Hamilton, emailed him directing him to change the start time of the bingo games from 1:00 p.m. to 10:30 a.m. in order to make room for a new mental health program designed to decrease the recidivism rate.

Mar 19, 2019 Fire Watch

County Violated MMBA by Changing Performance Targets without Consulting the Union

The County of Kern’s Department of Mental Health operates a mental health clinic. Medi-Cal reimburses the Department for some of the services it provides. These reimbursable services are known as “direct services.”

Mar 19, 2019 Fire Watch

Right to Access Privately Held Records Does Not Establish Constructive Possession for a CPRA Request.

The Los Angeles Police Department (LAPD) contracts with privately owned companies to tow and store impounded vehicles. These tow companies are referred to as Official Police Garages (OPGs). After an LAPD officer contacts an OPG to impound a vehicle, the OPG enters information regarding the impoundment into a database called the Vehicle Information Impound Center (VIIC). The VIIC database is maintained by a private organization comprised of OPGs called the Official Police Garage Association of Los Angeles (OPGLA). The OPG also scans its portion of a form prepared by the LAPD officer into a separate database called Laserfiche, which is owned by an independent document storage company that contracts with OPGLA.