Sep 11, 2018 Blog Posts
Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example

Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example

Sep 6, 2018 Blog Posts
New Legislation Would Dramatically Change "Pitchess" Regime and Public Records Act; Allows Increased Public Access to Investigations and Body Camera Video

New Legislation Would Dramatically Change "Pitchess" Regime and Public Records Act; Allows Increased Public Access to Investigations and Body Camera Video

Sep 5, 2018 Blog Posts
California Strengthens Breastfeeding Protections in the Workplace

California Strengthens Breastfeeding Protections in the Workplace

Sep 5, 2018 Client Update

California Supreme Court Deals Blow to Voter - Backed Pension Reform

The City of San Diego’s Proposition B, a 2012 voter-approved ballot measure designed to save the City’s weakening pension system, was dealt a potentially fatal blow by a California Supreme Court decision.  The decision finds that it was actually the City that caused the changes to employee pension benefits, and that the City did so without first negotiating with labor unions.  The fate of those pension reforms is uncertain until the Court of Appeal to issues its remedy.

Sep 5, 2018 Client Update

PERB Changes its Prior Rule About Employee Use of Email for Protected Communications During Nonwork Time

The Public Employment Relations Board (“PERB”) broadened the rights of public employees to use employer email during nonwork time and reversed its prior rule on this issue.  Although the case was decided under the Educational Employment Relations Act (EERA), this new PERB rule applies to other public sector entities that are governed by the MMBA and other California public sector labor relations statutes.

Sep 5, 2018 Client Update

Union Could Pursue Charge of Unilateral Change Due to County’s Implementation of New Policy

SEIU’s unfair practice charge asserted that the County of Monterey violated its duty to bargain when it adopted a revised attendance policy without first notifying and negotiating with the union.  SEIU contended that it never received the original version of the policy, and took issue with several sections of the revised policy.  One section suggested that as “a courtesy” employees should “arrive and prepare for work 10 minutes early.”  There was previously, according to SEIU, “no established past practice” and no policy requiring employees to begin working before the actual start time of their shift.   Another section provided that “excessive absenteeism” or regular absences could result in consequences, such as suspension of shift trading privileges or voluntary overtime assignments, or a reduction in the employee’s departmental seniority.  The policy also provided that if an employee failed to provide a return-to-work doctor note, the absence would be regarded as “unauthorized”. An unauthorized absence of three days (within a 60 day period) would be regarded as job abandonment and result in termination.