Brett A. Overby

Brett A. Overby Associate

Brett Overby is an Associate in Liebert Cassidy Whitmore’s San Diego office, where she provides assistance to clients in matters pertaining to labor, employment, and education law. Her career background has a strong foundation in the public sector area. Brett has experience in all aspects of litigation services, including: attending strategy meetings, depositions, settlement negotiations, and civil trials.

Prior to joining Liebert Cassidy Whitmore, Brett interned at the Chula Vista City Attorney’s Office where she gained experience in laws and regulations concerning public agencies and charter cities, drafting discovery documents, and drafting documents to inform council members of impending and ongoing litigation matters.  In addition, Brett interned in the Legal Services Division of the Sweetwater Union High School District where she gained experience in California and federal law concerning public education including the Educational Employment Relations Act (EERA) and Title IX.   

Brett is a graduate of the University of San Diego School of Law, where she was a member of the Women’s Law Caucus and Business Law Society. Prior to law school, Brett earned her Bachelor of Arts, cum laude, in Criminal Justice from Washington State University. Brett is admitted to the State Bar of California.  

Education

  • JD, University of San Diego School of Law

  • BA, Washington State University

Aug 8, 2018

Voter - Backed Pension Reform Is Dealt a Blow by California Supreme Court

Last week, 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 the California Supreme Court in Boling v. Public Employment Relations Board.  Although put to City voters through a citizen’s initiative, the Court nonetheless reasoned the City caused the changes to employee pension benefits and did so without first negotiating with labor unions.  The fate of those pension reforms that may help stabilize the City’s pension obligations now hang in the balance.

Jan 10, 2018

California Court of Appeal Issues A Contrary Decision Addressing "Vested Rights" Of Public Employees in the Aftermath of PEPRA: Where Will the Supreme Court Decision Land?

A California Court of Appeal recently issued a decision with implications that can affect all public employers in California and in contrast to a decision by another Court of Appeal just over a year ago.  The decision issued in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. on January 8, 2018 addressed the issue of whether pension systems governed by the County Employees Retirement Law of 1937 (CERL) can apply changes to compensation earnable under the Public Employee Pension Reform Act of 2013 (PEPRA) for employees hired before PEPRA’s January 1, 2013 effective date.  In addition, the Court addressed the Constitutional protections afforded, and the limits of, “vested rights” to immutable pension benefits.  CERL and CalPERS employers take notice. 

Nov 21, 2017

To Be or Not to Be an Adverse Employment Action – What is Paid Administrative Leave?

This principle used to be clear – paid administrative leave was outside the scope of an adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and conditions of employment while on paid administrative leave.  For years, courts held that an employee who is put on paid administrative leave cannot prove he or she suffered an adverse employment action to give rise to a viable discrimination or retaliation claim.  However, what once was clear, is no more.

Oct 10, 2017

Disaster and Medical Relief Workers: How to Compensate Public Employees Deployed to Help Others

Over the past two months, a series of hurricanes has caused devastation to the United States, Puerto Rico, and other regions.  As a result, the National Disaster Medical System (NDMS) has called upon some public employees with special skills to deploy to the affected regions to provide disaster and medical relief.  This leaves public agencies with questions about how to classify an employee’s leave and whether the employee is entitled to pay for their time away to provide disaster relief efforts.

Education

  • JD, University of San Diego School of Law

  • BA, Washington State University

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