In the capacity of Senior Counsel, Brett Overby has consistently played an integral role in Liebert Cassidy Whitmore’s San Diego office since 2017. Her experience centers on representing employers in the areas of labor, employment, education, and business and facilities.
Brett works extensively with private and independent schools on a wide range of matters, including enrollment agreements, employment contracts, waivers, employee and student/parent policies and handbooks, employee and student investigations, employee and student discipline, tuition disputes, terminations, severance agreements, wage and hour, leaves, privacy, and mandated reporting.
Brett also works with private and independent schools advising on construction occurring on campus, and advising and negotiating construction, design professional, solar power, third party vendor, independent contractor, facilities leases and licenses, services, transportation, and other contracts. Brett also advises on nonprofit corporation formation and governance including, bylaws, articles of incorporation, best practices for maintaining tax-exempt status, business contracts, grant agreements, and donations, fundraising and endowments.
Brett prepares Liebert Cassidy Whitmore’s Private Education Legislative Roundup, and frequently presents trainings and workshops on a variety of legal and best practice topics for private and independent schools at conferences and for Liebert Cassidy Whitmore’s consortiums.
For public employers, Brett has experience working with, advising, and training community college districts, cities, counties, and special districts on a wide variety of labor, employment, and business and facilities matters, such as Title VI, and has experience working with charter schools.
Before joining Liebert Cassidy Whitmore, Brett was a legal clerk at the Chula Vista City Attorney’s Office and a legal intern in the Legal Services Division of the Sweetwater Union High School District.
JD, University of San Diego School of Law
BA, Washington State University
On March 27, 2024, the Division of Occupational Safety and Health (“DOSH”) published Frequently Asked Questions about Workplace Violence Prevention in General Industry (Non-Health Care Settings) (“FAQs”), which provide responses to a number of questions related to the Workplace Violence Prevention...
On March 15, 2024, the U.S. Supreme Court issued a long-awaited decision in Lindke v. Freed an important case concerning state action, the First Amendment, government officials, and social media. The decision provides clarity on how First Amendment free speech standards apply to government...
LCW Partner Casey L. Williams and Senior Counsel Brett A. Overby were recently published in Today’s General Counsel and Today’s Association Executive. Williams and Overby discuss the implementation of AB 590, SB 446 and AB 1185, and how each of these bills support in addressing long standing issues...
LCW Partner Casey L. Williams and Senior Counsel Brett A. Overby were recently published in the Expert Analysis section of Law360 regarding the implementation of AB 590, SB 446 and AB 1185. In their analysis, Williams and Overby discuss how each of these bills support in addressing long standing...
In 2022, the California Legislature passed and Governor Newsom approved, Assembly Bill 2188 (AB 2188). Effective January 1, 2024, AB 2188 amends California’s Fair Employment and Housing Act (“FEHA”) to make it unlawful for an employer to discriminate against a person in hiring, termination, or any...
The California Civil Rights Department recently modified the regulation (2 CCR § 11017.1) associated with California’s Fair Chance Act. The regulation addresses an employer’s restrictions and obligations for considering an applicant or employee’s criminal history. The modified regulation took...
California public agencies often accept funds, grants, and other federal financial assistance either directly from a federal department or agency, or indirectly through a California department or agency. Typically, when a public agency accepts federal financial assistance – either directly or...
This year, the California Legislature passed and the Governor approved the Contraceptive Equity Act of 2022 (Senate Bill 523 or SB 523), a piece of legislation intended to increase the ability of Californians to exercise full control over their reproductive decisions and to expand coverage and...
On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away...
This principle used to be clear – paid administrative leave was outside the scope of 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...
On October 1, 2021, Governor Newsom announced a forthcoming statewide COVID-19 vaccine mandate for both school staff and students. For students, the California Department of Public Health (CDPH) will be adding the COVID-19 vaccine to other vaccinations required for in-person school attendance—such...
On August 31, 2021, Governor Gavin Newsom signed Assembly Bill 272 (“AB 272”) into law. The bill has significant implications for arbitration provisions in enrollment agreements for California private schools.
AB 272 adds Section 1002.7 to the California Code of Civil Procedure. The new law...
On August 11, 2021, California Governor Gavin Newsom announced a new Public Health Order (Order) from the California Department of Public Health (CDPH) that applies to public and private schools serving students in transitional kindergarten through grade 12. The Order requires that all public and...
On July 9, 2021, the Centers for Disease and Control and Prevention (CDC) updated its Guidance for COVID-19 Prevention in Kindergarten (K)-12 Schools in anticipation of the return of students to campus in fall 2021. Thereafter, the California Department of Public Health published COVID-19 Public...
With the recent adoption of amended Cal/OSHA COVID-19 Regulations, and its new allowances for fully vaccinated employees, many private K-12 schools, universities and colleges are considering whether to make any distinction between employees who are fully vaccinated and those who are not, and if so,...
As private K-12 schools plan for the 2021-2022 school year, many are asking the pressing question of whether they can (or should) require students to be fully vaccinated as a condition of returning to campus in the fall. Given the current lack of federal or state guidance on this issue, each...
Community college districts are planning for students to return to campus in the fall. Of the myriad of considerations that districts need to decide, one is whether to require students to be fully vaccinated against COVID-19. The American College Health Association (“ACHA”) announced its...
Private colleges and universities are planning for students to return to campus in the fall. Of the myriad of considerations that will need to be decided, one is whether to require students to be fully vaccinated against COVID-19. Recently, the American College Health Association (ACHA) announced...
On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a...
On March 26, 2021, the California Department of Public Health (“CDPH”) issued Guidance for the Prevention of COVID-19 Transmission for Commencement/Graduation Ceremonies (“Guidance”) “to provide recommendations to help students, teachers, families, and school administrators celebrate the momentous...
On March 31, 2021, the California Department of Education (“CDE”) released a reference version of the Emergency Assistance to Non-Public Schools Program Application (“EANS Application”) for the EANS funds authorized by the Coronavirus Response and Relief Supplemental Appropriations Act, 2021...
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“American Rescue Plan” or “Plan”), a $1.9 trillion dollar legislative package intended to address the economic damage caused by COVID-19. This bulletin highlights some of the key American Rescue Plan...
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“American Rescue Plan” or “Plan”), a $1.9 trillion dollar legislative package intended to address the economic damage caused by COVID-19. This bulletin highlights some of the key American Rescue Plan...
On March 5, 2021, Governor Newsom approved Assembly Bill 86 (AB 86), which imposes COVID-19 case reporting, COVID-19 school re-opening status reporting, and COVID-19 Safety Plan requirements largely similar to those imposed by the California Public Health Department (CDPH) COVID-19 and Reopening...
Within the last week, the California Department of Public Health (CDPH), Department of Industrial Relations (DIR), and Labor and Workforce Development Agency (LWDA) have issued new guidance and resources for schools and employers, including updated guidance for youth sports.
CDPH K-12 Schools...
In the spring of 2020, in response to the passage of the Families First Coronavirus Response Act (FFCRA), which provided leave and benefits for COVID-19-related reasons to eligible employees of employers with less than 500 employees, many California cities and counties passed supplemental COVID-19...
On Thursday, January 14, 2021, the California Department of Public Health (CDPH) issued new guidance for K-12 schools, titled “COVID-19 and Reopening In-Person Instruction Framework and Public Health Guidance for K-12 Schools in California, 2020-2021 School Year.” The K-12 School Guidance does not...
On January 14, 2021, the California Department of Public Health (CDPH), issued new 50-page guidance, titled COVID-19 and Reopening Instruction Framework and Public Health Guidance for K-12 Schools, which serves as both an update and a consolidation of previous K-12 school-related guidance issued by...
As noted in the January 19, 2021, Liebert Cassidy Whitmore bulletin, What Schools Need To Know About The New CDPH Consolidated Guidance For K-12 Schools, the California Department of Public Health issued guidance on January 14, 2021, for public and private K-12 schools titled, Testing...
On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.
The Order revises the provision in the newly adopted Cal/OSHA regulations requiring that employees quarantine for 14...
On September 11, 2020, the Department of Labor (“DOL”) announced three revisions it was making to the regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. § 826.) The revised regulations will take effect on September 16, 2020.
The DOL...
On September 11, 2020, the Department of Labor (“DOL”) announced three revisions it is making to the regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. § 826.) The revised regulations took effect on September 16, 2020.
The DOL revised...
CDPH Cohorting Guidance and Governor’s Supplemental FAQ
On Friday, September 4, 2020, the California Department of Public Health (“CDPH”) revised its Guidance Related to Cohorts (“Cohorting Guidance”), which it originally released on August 25, 2020.
The Cohorting Guidance is intended to provide...
On August 25, 2020, the California Department of Social Services (“CDSS”) issued a new Provider Information Notice (“PIN”), titled “Guidance and Frequently Asked Questions (FAQS) Regarding Waivers Available for Licensed Child Care Facilities and License-Exempt Providers Due to Coronavirus Disease...
CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis
On Monday, August 24, 2020, the CDPH released Guidance on Returning to Work or School Following COVID-19 Diagnosis, which applies to individuals not in healthcare settings who have tested positive for COVID-19. The CDPH...
On June 5, 2020, the State issued industry guidance for schools and school-based programs, childcare facilities, and day camps.
COVID-19 Industry Guidance for Schools and School-Based Programs
The Governor previously announced that counties that have completed and submitted a written attestation to...
City of Los Angeles Issues New Safer-At-Home Order
On June 1, 2020, City of Los Angeles Mayor Eric Garcetti issued a new “Safer-At-Home” order, which supersedes the March 19, 2020 (revised May 27, 2020) order. The new Safer-At-Home order continues to require that all individuals except for “young...
As we await guidance from the State on the opening of summer camps, several counties, the American Camp Association (ACA), and the Centers for Disease Control (CDC) are beginning to issue their own guidance and provide resources to assist summer camp programs plan to operate during a summer camp...
A. Superintendent Tony Thurmond Provides an Update on Statewide Guidance Regarding the Reopening of K-12 Schools
On May 27, 2020, State Superintendent of Public Instruction, Tony Thurmond, provided an update on the Department of Education’s efforts to assist schools with the reopening process...
CDC Issues Guidance Regarding the Reopening of K-12 Schools, Summer Day Camps, and Child Care Programs
Last week, the Centers for Disease Control (CDC) issued guidance titled, CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again. The...
1. Statewide Orders Regarding the Reopening of Childcare Facilities
On May 12, 2020, the Governor modified the statewide Shelter-in-Place order to permit childcare facilities that comply with statewide industry guidance to operate for children of all workers (rather than only for children of...
The impact of the coronavirus (COVID-19) pandemic is significant for all of us. The closure of physical campuses, and the transition to distance learning when feasible, is drastically altering how many private schools operate and forcing others to close operations altogether. We are already...
Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment...
Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment...
On March 25, 2020, the Department of Labor (DOL) Wage and Hour Division released new content and guidance on its COVID-19 and the American Workplace website. Among the new content, is the notice of employees’ rights under the Families First Coronavirus Response Act (FFCRA) that, according to the...
On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act). The bill will now move to the Senate, where it...
For nearly 60 years, since the California Supreme Court issued its decision in Allen v. City of Long Beach in 1955, the “California Rule” remained a mainstay of California common law. The California Rule is the general notion that a public employee is vested in the pension benefit promised at the...