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Liebert Cassidy Whitmore is California’s premier labor, education, and employment law firm. We provide training, education, and legal representation to hundreds of public agencies, educational institutions and nonprofit organizations across the state of California.
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Kelly Tuffo

Senior Counsel
415.512.3000 | ktuffo@lcwlegal.com

Kelly Tuffo has represented public agencies for over eighteen years. Her areas of expertise are labor negotiations, labor relations, contract administration, public education, and employment law, including employment discrimination, harassment, discipline and investigations. Kelly advises cities, counties and other public sector and public education employers on all aspects of employment relations, including labor negotiations, retirement law, wage and hour law, and employment benefits and compensation; conducts workplace investigations; and represents clients in fact-finding proceedings, disciplinary proceedings and mediation and arbitration of grievances. Kelly provides training on all areas related to her practice.

As chief labor negotiator, Kelly has negotiated hundreds of labor contracts between public agencies and their employee organizations representing numerous types of employees, including nurses, doctors, police officers, deputy sheriffs, firefighters, mid-managers, probation officers, dispatchers, attorneys, engineers, community college faculty, and other miscellaneous job classifications. She is experienced in conducting collective bargaining agreement audits, mediation, fact-finding, binding interest arbitration, grievance arbitration and PERB proceedings. Kelly has represented clients in matters involving union grievances, arbitrations, labor strikes, unfair labor practices, unilateral implementation and other labor issues. She has negotiated impacts of several police service transfer agreements between public agencies.

Kelly is an experienced workplace investigator. She conducts management training programs on a variety of employment law issues, including discipline, performance evaluation, leaves of absence, and harassment and discrimination prevention.

Prior to law school and joining our San Francisco office, Kelly was a labor relations representative for a private sector company. In that role, she coordinated contract negotiations, represented the company in arbitrations, negotiated and handled grievances and conducted investigations. She also has experience in community mediation for a public sector entity.

Recognitions

Kelly has been recognized as a Northern California Super Lawyers Rising Star, and as one of the top female attorneys in Northern California by San Francisco Magazine.

Photo team member

Expertise

Education

JD, UC College of the Law, San Francisco (formerly UC Hastings)

MA, University of British Columbia

BA, University of California, Berkeley

Did You Know

Kelly is a second generation, amateur woodworker.

Cities:

City of Ceres – Police, Fire and General Units

City of Cotati – Police Officers Association and Police Management Units, General Unit

City of Half Moon Bay – Police and General Units, Police Services Transfer Agreement

City of Los Banos – Police, Fire, Dispatchers, and General Local One Units

City of Millbrae – Police, Teamsters and General Units, Police Services Transfer Agreement

City of Redwood City – Police, Police Management, IAFF, Chief Officers, Mid-Managers and SEIU

City of San Pablo – Operating Engineers, Mid-Manager, and Police Units

City of San Rafael – SEIU, Local One, Western Council of Engineers

City of San Ramon – Police and SEIU Units

 

Counties:

County of Contra Costa County – California Nurses Association, Attorney Associations

County of San Joaquin – Physicians and Dentists Unit

County of San Mateo – AFSCME, SEIU, California Nurses Association, Operating Engineers, Deputy Sheriff’s Association, Sheriff’s Sergeants, Probation and Detention Association, Engineers and Physician and Dentists Units

County of Sonoma –  SEIU, Engineers and Scientists, and Attorney Units

 

Special Districts:

Delta Diablo District – General Unit

Marin Sonoma Mosquito and Vector Control District – General and Mid-Manager Units

Port of Stockton – Police and Warehouse Worker Units

San Benito County Water District – SEIU

Sonoma Library District – SEIU

 

Community College Districts:

Peralta Community College District – Faculty Unit

IAFF v. City (2022) – Represented City in interest arbitration proceeding. The parties settled before a decision was issued.

Physicians Union v. County (2019) –  Represented county in complex factfinding hearing involving 40 issues in dispute. The parties settled before a decision was issued.

Carpenters Union v. City (2011) –  Arbitrator denied union grievance regarding City’s use of temporary employees.

AB 1484 Adopts Enhanced Representational Rights for Temporary Employees
11/29/2024
California Public Agency Labor & Employment Blog

Assembly Bill 1484, which enhances the representational rights of temporary employees of California local government agencies, was recently signed into law by Governor Newsom. While the Meyers Milias Brown Act (MMBA) (Government Code section 3500 et seq.) currently gives temporary employees of...

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AB 2561 Puts a Spotlight on Public Sector Vacancy Rates
11/07/2024
LCW Special Bulletin

Assembly Bill (“AB”) 2561 adds Government Code Section 3502.3 to the Meyers-Milias-Brown Act (“MMBA”), imposing new obligations on public agencies related to tracking and presenting information on job vacancies. The new law and the legal obligations thereunder take effect January 1, 2025.
Note: On...

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California’s New Worker Freedom from Employer Intimidation Act
10/22/2024
California Public Agency Labor & Employment Blog

Senate Bill (SB) 399, the “California Worker Freedom from Employer Intimidation Act” (“Act”), will prohibit compelled attendance at employer-mandated meetings to discuss political and religious matters, including the decision to join or support a labor union. The Act adds the new Labor Code section...

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The Time to Audit Your Labor Agreements is Now
10/08/2024
California Public Agency Labor & Employment Blog

Do you plan to enter labor negotiations in the spring? If so, fall is the perfect time to audit your labor agreements.
A labor agreement audit is a legal compliance review and internal analysis of contract language. Regular audits of an agency’s labor agreements are important for many reasons:
...

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Pending Legislation Hinders Ability of Public Agencies to Maintain Essential Services During a Strike
10/02/2023
California Public Agency Labor & Employment Blog

Editorial note: On October 8, 2023, Governor Newsom vetoed AB 504. His veto message stated, “Unfortunately, this bill is overly broad in scope and impact. The bill has the potential to seriously disrupt or even halt the delivery of critical public services, particularly in places where public...

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My Other Computer is Your Computer: Preventing Employee Cybercrimes and Maximizing the Protections of California’s Anti-Hacking Statute
04/08/2021
California Public Agency Labor & Employment Blog

California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the...

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Out-of-State Telecommuting During COVID and Beyond
02/11/2021
California Public Agency Labor & Employment Blog

As the COVID pandemic rages on, employees required to work remotely since March 2020 will continue to do so for at least a foreseeable portion of 2021. While a burden for some, the pandemic has opened endless relocation possibilities for others, allowing some remote workers to visit and stay with...

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Employer Requirements Under Cal OSHA’s Wildfire Smoke Regulation
08/25/2020
California Public Agency Labor & Employment Blog

As California battles close to 600 wildfires burning more than one million acres across the state, many areas are experiencing unhealthy and even very unhealthy air quality. During these conditions, employers must comply with the California Division of Occupational Safety and Health (CalOSHA)...

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Financial Assistance for Employee Housing: Legal Considerations for California Public Agencies
08/06/2020
Bender's California Labor & Employment Bulletin

Partners Heather DeBlanc and T. Oliver Yee and Associate Kelly Tuffo authored the Bender’s California Labor & Employment Bulletin article, “Financial Assistance for Employee Housing: Legal Considerations for California Public Agencies,” discussing the legal considerations for...

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Employee Housing Assistance – Legal Considerations for California Public Agencies
04/14/2020
California Lawyers Association Public Law Journal

In light of California’s housing shortage and high housing costs, public employees and candidates struggle to find affordable housing options. In turn, public agencies may be considering measures to help employees find viable housing options near the workplace, and may even consider investing in...

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September 17, 2024
Ten Ways to Improve Your Labor Negotiations
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