Michael Youril

Michael Youril Partner

Michael provides representation and legal counsel to Liebert Cassidy Whitmore clients in matters pertaining to employment and labor law.

Michael has extensive experience in retirement law including CalPERS, the '37 Act, and local retirement systems.  Michael represents agencies in all aspects of the CalPERS audit and determination process and in disability retirement proceedings.  Michael regularly represents agencies before the Office of Administrative Hearings and various retirement Boards.  He also litigates CalPERS determinations and disability retirement cases in superior court.  Michael also assists agencies in complying with retirement and health benefit laws, including post-retirement work restrictions, independent contractor status, disability retirement, PEPRA compliance, PEMHCA (i.e. CalPERS medical), health benefits for elected officials, and determining whether compensation is included or excluded from reporting for the purposes of determining pension benefits.

Michael also litigates employment law actions in state and federal courts through all stages of litigation.  He regularly litigates cases involving discrimination, harassment, retaliation, whistleblower retaliation, due process, free speech retaliation, Public Safety Officers Procedural Bill of Rights Act, FMLA/CFRA, and wage and hour matters.  Michael has also litigated several individual and collective action cases brought under the Fair Labor Standards Act. 

Michael provides advice and counsel to employers regarding employee leave rights, engaging in the interactive process with disabled employees, and providing reasonable accommodations to disabled employees. Michael guides public agencies through the entire disability retirement process, including handling administrative hearings and writs of mandate concerning applications for disability retirement.

Michael also represents employers at disciplinary hearings.

Professional Involvement

Michael is a member in good standing of the Fresno County Bar Association, California Bar Association, Labor and Employment Section and a member of the California Young Lawyers Association.

Recognitions

Michael was selected as a Northern California Super Lawyers Rising Star in 2017 and 2020.

Education

  • JD, University of the Pacific, McGeorge School of Law

  • BA, California State University, Sacramento

Oct 8, 2019 Webinars on Demand
10 Problems You May Have with CalPERS, and How to Fix Them

APPELLATE

Keylon v. City of Dos Palos (2014) - The Fifth District Court of Appeal reversed a trial court decision that awarded approximately one year of back pay to a former Dispatcher.

Vallejo Police Officers Association v. City of Vallejo (2017) - Prepared an amicus brief on behalf of the League of California cities in support of the City of Vallejo in which the Court of Appeal agreed with the City and our position that employees do not have a vested right to particular retiree medical benefits contributions. This has statewide impact for all public employers who provide contributions towards the cost of retiree medical benefits.

LITIGATION

Yates v. Mammoth Community Water District (2016) – Mono County Superior Court sustained the District’s Demurrer without leave to amend in this matter which alleged violations of Section 1983 retaliation, Unfair Business Practices and Malicious Prosecution.

Graff, et al v. City of Tehachapi (2016) – The U.S District Court, Eastern District granted a motion to dismiss the City from all causes of actions (including Section 1983 First Amendment relation and CA Labor Code section 1102.5).

Education

  • JD, University of the Pacific, McGeorge School of Law

  • BA, California State University, Sacramento

Oct 8, 2019 Webinars on Demand
10 Problems You May Have with CalPERS, and How to Fix Them
Jul 30, 2020

California Supreme Court Leaves The California Rule Largely Intact in Highly Anticipated Opinion Concerning Public Employee Pension Rights

On July 30, 2020, the California Supreme Court issued its decision in Alameda County Deputy Sheriff's Assn. v. Alameda County Employees' Retirement Assn. (Alameda).  It was anticipated that the Court would address the continuing viability of the “California Rule.”  Under the California Rule, a public employee is vested in a pension benefit at the start of employment.  Under the traditional expression of the California Rule, benefits cannot be reduced even for prospective service, except in very limited circumstances.  The modification of a pension benefit “must bear some material relation to the theory of a pension system and its successful operation,” and any modification that results in disadvantages to employees must be accompanied by comparable new advantages. While the Court asserted at the end of the decision that it was not reexamining the California Rule, the decision leaves the current legal framework largely intact, including the California Rule.

Apr 20, 2020

CalPERS Issues Circular Letter Explaining How Leave Under the Families First Coronavirus Response Act Should be Tracked and Reported

The California Public Employees’ Retirement System (“CalPERS”) has answered several outstanding questions concerning how paid leave hours taken under the Families First Coronavirus Response Act (“FFCRA”) should be tracked and reported.  On April 16, 2020, CalPERS issued Circular Letter No. 200-021-20 which explains how to report compensation and track hours for employees taking leave under the Emergency Paid Sick Leave (“EPSL”) and the Emergency Family and Medical Leave (“EFML”) provisions of the FFCRA. 

Mar 19, 2020

Update: CalPERS Suspends Retired Annuitant Work Hour Limitation during COVID-19 Emergency

On March 4, 2020, Governor Gavin Newsom issued Executive Order N-25-20.  The executive order, among other things, suspended certain restrictions applicable to retired annuitants.  On March 18, 2020, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter 200-015-20, which explains the restrictions that are suspended for the duration of the state of emergency caused by the COVID-19 pandemic. Any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960-hour per fiscal year limit.  In addition, the 180-day wait period between retirement and returning to post-retirement employment will be suspended.  Most other retired annuitant restrictions, including the limitations on permissible compensation and the prohibition of any benefits in addition to the hourly rate, remain in effect.

Feb 3, 2020

High Court Guidance on Unemployment Benefits Public School Employees

Laura Schulkind and Michael Youril authored this article for the Daily Journal.

This article discusses a recent decision by the California Supreme Court that establishes a framework for determining when public school employees are eligible for unemployment benefits during "non-traditional" academic terms and during the summer.  

To read the full article, please view the Daily Journal's website here

Aug 13, 2019

Is this PERSable/Reportable? Reporting and Tracking Temporary Upgrade Pay, Out-of-Class Appointments, and Extra Duty Pays

Applying the different California Public Employees’ Retirement System (“CalPERS”) rules related to Temporary Upgrade Pay, out-of-class appointments, and non-reportable extra-duty pays can be unnerving.  For classic employees, compensation for appointments meeting the definition of Temporary Upgrade Pay are reportable to CalPERS and is included in pension benefits. 

Apr 30, 2018

CalPERS Issues Circular Letter Regarding Employer Obligations for Out-of-Class Appointments, But Many Questions Remain

On April 27, 2018, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter No.: 200-021-18, which discusses limitations imposed on “out-of-class appointments” by Assembly Bill 1487, which added Government Code section 20480.  The Circular Letter also provides direction to employers for reporting hours for out-of-class appointments and attaches an Out-of-Class Appointment Employer Certification form  for employers to fill out.  Unfortunately, many ambiguities concerning the application of Government Code section 20480 and the reporting requirements remain.

Education

  • JD, University of the Pacific, McGeorge School of Law

  • BA, California State University, Sacramento

Oct 8, 2019 Webinars on Demand
10 Problems You May Have with CalPERS, and How to Fix Them
30 September 2020
Consortium Trainings

CalPERS Disability Retirement - Everything You Always Wanted to Know

San Diego Fire Districts Webinar
Read more
1 September 2020
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

California District Attorneys Association Webinar
Read more
27 August 2020
Customized Trainings

Nuts & Bolts: Navigating Common Legal Risks for the Front Line Supervisor

California District Attorneys Association Webinar
Read more

Education

  • JD, University of the Pacific, McGeorge School of Law

  • BA, California State University, Sacramento

Oct 8, 2019 Webinars on Demand
10 Problems You May Have with CalPERS, and How to Fix Them
Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

Our Locations

Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

close

back