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Employee v. Community College District (2019) – Obtained complete summary judgment in a state lawsuit brought by an adjunct faculty member against a Community College District.  The lawsuit alleged that the District discriminated against the plaintiff on account of her age when it failed to hire her for tenure-track positions and retaliated against her when she followed up with the District regarding her unsuccessful applications.

Fausto v. City of Ontario (2018) – LCW represented the City of Ontario in a disability discrimination, harassment and retaliation lawsuit.  The plaintiff was represented by an attorney who filed several different lawsuits against the City at about the same time on behalf of different employees.  The plaintiff was a utilities technician who sustained a variety of work injuries over his 11 years working for the City.  While the City was attempting to reasonably accommodate the plaintiff, the City discovered that he stole a street sign from the Public Works yard and terminated plaintiff.  LCW obtained summary judgment on behalf of the City and plaintiff’s supervisor.

Employee v. City (2018) – Obtained complete summary judgment in a state lawsuit by an employee against a City.  The lawsuit alleged that the City discriminated against the employee on account of his disability, failed to accommodate the employee’s disability and engage in the interactive process, and retaliated against the employee after he issued complaints.

Student v. Private University (2017) – Obtained complete summary judgment in a federal lawsuit by a medical student against a private University.  The lawsuit alleged that the University failed to provide her with reasonable accommodations for her disability, failed to engage in the interactive process, discriminated against her on account of her disability, and violated the Unruh Civil Rights Act by not giving her all of the accommodations she requested for her learning disability.

Nazir v. City of Torrance (2016) – The court sustained the City and Police Chief’s demurrer to the complaint without leave to amend and held that Government Code section 3305.5 did not apply retroactively to a termination of an officer. Government Code section 3305.5 prohibits public agencies from taking punitive action against a peace officer solely because the officer’s name is on a Brady List.

City Attorney v. City (2015) –  Represented a City in a highly publicized case in which the former City Attorney alleged national origin, gender, age discrimination, and violation of Constitutional due process.  The matter involved extensive motion practice related to the disclosure of attorney-client privileged documents and testimony.   Responsible for expert depositions, witness preparation, and pretrial documents.  The matter settled approximately one week before trial.

Tenured Faculty Termination (2018) –  Second-chaired the termination hearing of tenured academic faculty member before the Office of Administrative Hearings.  The professor was terminated for unprofessional conduct toward students, including failing to provide timely feedback and grades on assignments, issue timely grades, be available for office hours, and treating students in an abusive manner.  OAH sustained the decision to terminate.

Faculty Association Grievance (2016) – Second-chaired faculty grievance arbitration before an independent arbitrator.  The Faculty Association of a Community College District alleged that the District violated a memorandum of understanding by allegedly miscalculating stipends for faculty serving as department chairs.  The arbitrator denied the grievance, finding in favor of the District.

Additional Funding for Schools, Community Colleges, and Other Local Agencies is on the Ballot November 3
10/20/2020
California Public Agency Labor & Employment Blog

Who will be our Country’s next President is not the only issue on the ballot November 3.  If you’ve voted in California before, are in the middle of studying your ballot, don’t mute your TV commercials during election season, or read text messages that you receive from campaign volunteers,...

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Anticipating Legal Issues in a Post-COVID-19 Work Environment
07/14/2020
American City & County

Partner T. Oliver Yee and Associate Alysha Stein-Manes authored the American City & County article, “Anticipating Legal Issues in a Post-COVID-19 Work Environment,” addressing the legal risks and considerations that many public agencies will face in a remote work environment. Read...

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Adapting to the “New Normal”: Lessons Learned and Best Practices for a Post-COVID 19 Workplace
07/13/2020
American City & County

Partner T. Oliver Yee and Associate Alysha Stein-Manes authored the American City & County article, “Adapting to the ‘New Normal’: Lessons Learned and Best Practices for a Post-COVID 19 Workplace,” discussing how employers can best address remote working situations in...

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U.S. Department of Education Issues Regulations Regarding the Provision of Equitable Services to Students and Teachers in Non-Public Schools Under The CARES Act
07/01/2020
LCW Special Bulletin

We recently reported that on April 30, 2020, the U.S. Department of Education (“DOE”) issued non-binding guidance regarding the provision of equitable services to non-public school students and teachers under two grant programs established by the Coronavirus Aid, Relief and Economic Security Act...

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How COVID-19 Could Permanently Transform Public Agency Operations: Lessons Learned
06/02/2020
The Daily Journal

Partner T. Oliver Yee and Associate Alysha Stein-Manes authored the Daily Journal article, “How COVID-19 Could Permanently Transform Public Agency Operations: Lessons Learned,” discussing steps organizations need to take in the new era of remote work. Read the full article here.

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Telework Transition Holds Key Lessons for Public Agencies
05/28/2020
Law 360

Partner Oliver Yee and Associate Alysha Stein-Manes authored the Law360 article, “Telework Transition Holds Key Lessons for Public Agencies,” discussing lessons public agencies need to take away from the shift from in-agency work to remote work. To read full...

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UPDATED: U.S. Department of Education Allocates Education Funds to States to Provide Continued Educational Services to Students During the Coronavirus Pandemic: What this Means for California Private Schools
05/06/2020
LCW Special Bulletin

Update: On April 30, 2020, the U.S. Department of Education (“DOE”) issued guidance (the “Guidance”) regarding the provision of equitable services to non-public students under two grant programs established by the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).  As described...

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