Holidays and the Workplace: Be Merry or Bah Humbug

Holidays and the Workplace: Be Merry or Bah Humbug

Ready or not, the holidays are here.  Not only are the holidays a time to reflect on the passing year, but also a time full of fun, festive celebrations.  As you get ready for this season’s festivities at work, make sure to keep in mind following tips that can help your agency stay in the festive mood without the post-holiday hangover of a lawsuit.

Dec 8, 2016 Private Education

AB 1671 – Makes it a Crime to Intentionally Disclose or Distribute a Recording of a Confidential Communication with a Health Care Provider without the Consent of All Parties

AB 1671 makes it a crime for a person to intentionally disclose or distribute, in any manner, in any forum, and for any purpose, the contents of the confidential communication with a health care provider that is obtained without the consent of all parties to the communication.  A “confidential communication” is defined as “any communication carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confined to the parties” involved.  A “person” includes an individual, business association, partnership, corporation, or other legally entity, and any individual acting or purporting to act for or on behalf of any government or political subdivision, whether federal, state or local.  A “health care provider” is defined to include:

Dec 8, 2016 Business & Facilities

City Substantially Complied with Brown Act and Subsidy Reporting Obligations Where Agenda Provided Fair Notice and Subsidy Report Estimates were Reasonable.

The City of Oceanside considered an agreement under which a developer would build a luxury hotel and be paid $11 million of transient occupancy tax (TOT) receipts generated by the hotel.  The City was initially obligated to pay the developer 100 percent of the hotel’s TOT receipts and, thereafter, smaller percentages until the $11 million obligation had been satisfied.  When the agreement was presented to the City Council for approval, the agenda stated that the Council would consider the following: the developer’s agreement to guarantee development of the subject property as “a full-service resort”; an agreement “to provide a mechanism to share Transient Occupancy Tax (TOT) generated by the Project”; and a report, required by statute, “documenting the amount of subsidy provided to the developer, the proposed start and end date of the subsidy, the public purpose of the subsidy.”

Dec 8, 2016 Private Education

AB 1639 – Enacts the Eric Paredes Sudden Cardiac Arrest Act

AB 1639 enacts the Eric Paredes Sudden Cardiac Arrest Act.  The Act applies to public schools, including charter schools, and private schools that elect to conduct “athletic activities.”  Athletic activities are defined as (1) interscholastic athletics, (2) an athletic contest or competition that is sponsored by the school, including cheerleading and club-sponsored sports activities, (3) non-competitive cheerleading sponsored by the school, and (4) practices, interscholastic practices, and scrimmages for all activities listed above.  The Act does not apply to athletic activities conducted during the regular school day or as part of a physical education course.

Dec 8, 2016 Private Education

AB 1748 – Permits Schools to Administer Opioid Overdose Drugs in Emergency Medical Situations

Naloxone hydrochloride and other opioid antagonists, as defined, are administered to persons in the event of opioid overdoses.  AB 1748 permits a school district, county office of education and charter schools to provide emergency naloxone hydrochloride and other opioid antagonists (hereafter “opioid overdose drugs”) to school nurses or other trained personnel who have volunteered to provide emergency medical aid to persons suffering or reasonably believed to be suffering from an opioid overdose.  However, volunteers who are not school nurses may only administer opioid overdose drugs by nasal spray or auto-injector.

Dec 8, 2016 Private Education

AB 2007 – Requires Youth Sports Organization to Abide by Specified Safety Requirements Regarding Concussions and Other Head Injuries

AB 2007 requires youth sports organizations that offer an athletic program in one of 27 sports to comply with specified safety requirements regarding concussions or other head injuries.  A youth sports organization is defined as an organization, business, nonprofit entity or local government agency that sponsors or conducts amateur sports competitions, training, campus, or clubs in which persons 17 years of age or younger participate.

Dec 8, 2016 Private Education

SB 977 – Prohibits Persons from Smoking at a Park or Facility Where a Youth Sports Event is Taking Place

The Health and Safety Code currently prohibits persons from smoking within 25 feet of a playground.  SB 977 amends the Health and Safety Code to further prohibit a person located in a park or facility where a youth sports event is taking place from smoking within 250 feet of the event. “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present.