Paul Knothe practices in Liebert Cassidy Whitmore’s Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues.
Paul advises public safety agencies on complex and cutting-edge issues arising from police reform legislation, including the transparency laws reducing traditional Pitchess protections and exposing peace officer personnel records to disclosure in response to Public Records Act requests. He is a dynamic public speaker and provides training to law enforcement leaders on these reforms. Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation. Paul serves as a member of LCW’s Public Safety Practice Group Executive Committee.
A seasoned litigator, Paul defends clients in state and federal courts at both the trial and appellate levels. He has successfully defended agencies in collective action, multi-plaintiff, and single-plaintiff employment matters. Paul litigates a full range of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and hour issues. He manages all aspects of litigation, from case assessment and pre-trial motion practice, through all forms of discovery proceedings, and settlement, to trial.
Additionally, Paul conducts thorough workplace investigations, with a focus on high-profile incidents or allegations against senior management personnel.
Prior to joining LCW, Paul practiced labor and employment law in both the private and public sectors, including for the California Department of Industrial Relations and U.S. Department of Labor.
Paul graduated cum laude from Georgetown University Law Center and is admitted to the California, New York, and District of Columbia bars.
JD, Georgetown University Law Center, Washington, DC
BA, University of Richmond, Virginia
Peace Officer v. City and Police Department (2022) – Won a motion for summary adjudication as to a police officer’s claims for: 1) violations of the Public Safety Officer’s Procedural Bill of Rights Act; 2) declaratory relief; and 3) whistleblowing in violation of Labor Code section 1102.5.
Police Officer v. City (2021) – LCW prevailed in a police officer termination appeal involving one of two officers involved in a fatal shooting. The incident made national news when one of the officers, a field training officer (FTO), and his partner, a probationary officer who had lateraled from another agency, fired 75 rounds (many of which were through the windshield of a moving vehicle) in a slow speed pursuit on a Saturday morning in a quiet residential neighborhood. The FTO fired 11 rounds using a high-powered AR-15 rifle, failed to give the suspect an opportunity to surrender, failed to employ proper felony traffic stop tactics, and failed to provide effective feedback to his more junior partner.
Police Officers v. City (2015) – Prosecuted the termination appeals of multiple officers terminated in connection with an internationally renowned incident of excessive force resulting in the death of a citizen.
Sanders, et al v. County of Ventura, 87 F.4th 434 (9th Cir. 2023) – Ventura County firefighters and law enforcement officers sued the County for failing to include a portion of their flex benefits in the Fair Labor Standards Act (FLSA) “regular rate” of pay. The amount at issue was the “opt-out” fee, which applied only to those who received their health insurance through a non-County source, was never provided to the employees in cash, but was instead contributed back into the County health plans on behalf of the County employees who used the plans. The LCW team won a motion for summary judgment in the U.S. District Court, and convinced the Ninth Circuit to affirm that the opt-out fee was properly excluded from the regular rate under the FLSA at 29 U.S.C. Section 207(e)(4), which excludes “contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing … health insurance ….for employees.”
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2015) – 234 Cal.App.4th 459 – Published Court of Appeal decision holding that deputy sheriffs’ associations that were parties to five MOUs providing for individual arbitration of wage/hour disputes could not combine claims and proceed instead in court in an interest of “judicial efficiency.” This opinion arose out of the same matter as Los Angeles County v. Los Angeles County Employee Relations Commission.
Moreno et al v. City of Beverly Hills (2019) – LCW defended the City in a lawsuit brought by four employees of the City’s police department. The four plaintiffs alleged that they were subjected to a number of different adverse employment actions that they contented were motivated by illegal discrimination and/or relation. Some of the plaintiffs also alleged they were subjected to illegal harassment. After a trial that lasted more than four weeks, the plaintiffs asked the jury to award them more than $20 million. While the jury found some liability, the plaintiffs received just a fraction of the damages they claimed to have suffered. Paul drafted an argued a successful Motion for Judgment Notwithstanding Verdict which overturned the jury’s verdict as to one of the four plaintiffs, resulting in a defense judgment as to that plaintiff.
Doe v. Private School (2018) – Obtained dismissal of entire action following sustained demurrers to Plaintiff’s complaint and four amended complaints alleging negligence, breach of contract, and denial of due process where student-athlete withdrew from school after being required to attend classes remotely and prohibited from participating in football games during investigation of sexual assault allegation against him.
Munroe v. County of Riverside (2016) – Obtained summary judgment on claims on behalf of the County of Riverside in a lawsuit brought by a former Deputy County Counsel for violation of the California Equal Pay Act, FEHA gender discrimination and retaliation, discrimination for use of medical leave under the California Family Rights Act, and whistleblower retaliation under Labor Code section 1102.5. The plaintiff alleged that her male counterpart was paid significantly more even though she had more experience and was performing comparable work and that her termination was retaliatory.
Romero v. City of Barstow; City of Barstow v. Barstow Police Officers Association (2015) – Defeated a petition for writ of mandate and obtained an order confirming arbitration award where terminated police officer claimed that he was entitled to judicial review of binding arbitration award under the POBR and Constitutional due process.
Los Angeles County v. Los Angeles County Employee Relations Commission (2013) – Obtained a writ of mandate overturning the order of the Employee Relations Commission combining into one multi-class action approximately 10,000 wage-hour claims that were required to be brought individually under the terms of five Memoranda of Understanding between the Association and the County.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This article was originally published in October 2019. The information has been reviewed and is up-to-date as of October 2023.
Many workplaces and schools engage in Halloween celebrations, and with good reason. LCW is no exception:
However, Halloween parties can be scary for risk managers, as...
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Reprinted with permission from Law360
In recent years, the California Legislature has passed a raft of new laws
intended to recalibrate the relationship between the public and the law
enforcement profession, focused on the use of force, accountability,
transparency and diversity.
These changes to...
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
On February 1, 2023, the Chancellor’s Office of the California Community Colleges released a memorandum (“Memo”) providing updates on the development of strategies to implement the Board of Governors’ October 25, 2022 revisions to Title 5 of the California Code of Regulations relating to Campus...
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Partner Paul Knothe and Associate Morgan Johnson recently authored an article for the Daily Journal’s New Laws Supplement titled, “Resolutions for California Law Enforcement Agencies.” The article discusses the new laws that apply to decertification of peace officers, employment...
Effective January 1, 2023, California law will require public employers to provide meal and rest periods to employees who provide or support direct patient care in a general acute care hospital, clinic, or public health setting. Public employers should consult with legal counsel for advice on...
Please join us in congratulating Partner Paul Knothe for his recently aired KNX News Radio segment. Paul speaks on the effects of Senate Bill 2, which opens the door to Peace Officer decertification. Check out the full segment below:
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Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
While unlikely to affect the current ABC test governing Independent Contractor status under the California Labor Code, we can expect legal challenges from Gig Economy employers.
On October 13, 2022, the U.S. Department of Labor (“DOL”) published a proposed rule to rescind and revise the regulations...
On October 25, 2022, the Board of Governors of the California Community Colleges released revisions to Title 5 of the California Code of Regulations related to Campus Climate and Public Safety to the Secretary of State. These revised regulations, found in Sections 59700 through 59704, will take...
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Partner Geoff Sheldon and attorney Paul Knothe authored an insightful article titled “For The Record” that addresses SB16 and the laws surrounding The Freedom of Information Act. Agencies in California are strongly advised to work closely with their legal advisors to ensure they are complying with...
For decades, California’s peace officer personnel record confidentiality laws have provided the some of the most robust protections for officer personnel records in the nation. In recent years, however, public opinion has shifted in favor of transparency and accountability – especially with...
AB 89, also known as the Peace Officers Education and Age Conditions for Employment, or “PEACE” Act, went into effect on January 1, 2022.
The most straightforward piece of that legislation was Government Code section 1031.4, which raises the minimum age for most peace officer employment from 18 to...
Partner Geoff Sheldon and Associate Paul Knothe authored the article “Awaiting Guidance On Calif. Peace Officer Bias Screenings” for Law360. The article discusses AB846, which added a requirement to the preemployment process for peace officers, mandating that they be screened for bias...
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
Partner Geoffrey S. Sheldon and Associate Paul D. Knothe weighed in SB 16, new legislation that further expands SB 1421 and what types of peace officer personnel records can be publicly accessible in their Jan. 5 Daily Journal article, “SB 16: Expands Public Access to Police Officer...
On September 30, 2020, Governor Gavin Newsom signed AB 846 requiring, among other things, that the Commission on Peace Officer Standards and Training (POST) update the regulations regarding pre-employment screening for mental and emotional conditions to also identify explicit and implicit biases...
LCW Partners Mark Meyerhoff, Morin Jacob and Associate Paul Knothe penned “Free Speech in the Age of Facebook” for the July/August 2021 issue of Sheriff & Deputy Magazine. In the piece, the attorneys address the importance of developing and enacting updated agency social media policies that...
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
This...
All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST). Those standards have recently been expanded, and more change may be coming.
AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a...
Supreme Court Justice Ruth Bader Ginsburg passed away from complications from pancreatic cancer on Friday, September 18, 2020. Justice Ginsburg inspired millions and became a beloved icon in a way that is truly uncommon for a jurist. She was the subject of a documentary, a biopic, and an opera. ...
While skies all over California were turned strange colors by fire and smoke on September 11, 2020, Governor Gavin Newsom signed AB 2147 into law. Passed by a 51-12 majority in the Assembly and a unanimous 30-0 vote in the Senate, this law creates new Penal Code section 1203.4b, designed to make it...
As the COVID-19 pandemic continues, law enforcement professionals bravely continue to perform their duties and come in regular contact with the public, potentially exposing themselves to the virus. Concerned for the safety of their officers and the communities they serve, law enforcement agencies...
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures before allowing them to...
With cities and counties scrambling to develop and deploy emergency plans in response to the COVID 19 pandemic, demands from employee organizations to meet and confer are increasing. This fact sheet is offered to answer frequently asked questions regarding the duty to bargain and provide...
In 2006, activist Tarana Burke wrote of her experience in which she felt that she failed a young girl who reported a sexual assault to her. Burke did not feel prepared to assist the girl, and sent her to see another counselor. Burke regretted not telling the girl, “me too.”
Eleven years later, in...
This article highlights two laws passed this year by California’s Legislature that have profound impact on police officers – Assembly Bill 392 and Senate Bill 230. These laws become effective January 1, 2020. AB 392 amends Penal Code Section 192 and 835a and updates the standards under which police...
California has statutorily prohibited unequal pay on the basis of sex since 1949. As a previous blog post explained, that law was amended in 2016 to formally change the standard for equal pay claims based on sex. Instead of requiring equal pay for “equal” work, the statute now requires equal pay...