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JD, Hofstra University School of Law, New York

BA, State University of New York at Binghamton

Did You Know

Peter and his wife Linda spend most of their off time on a bicycle. They believe it is the best way to see the world.

City of Anaheim – Fire negotiations

City of Beverly Hills – MEA; Police; Police Management, Fire, Safety Support, Confidential, Management and Professional, Part-Time MEA and Supervisors

City of Costa Mesa – Fire and Police

City of Glendale – IBEW

City of Garden Grove – Police

City of Huntington Beach – Firefighters’ Association, Police Officers’ Association and Police Management Association

City of Laguna Beach – Fire,  Police, MEA and the Police/Fire Management Association

City of Manhattan Beach – Mid Management Association, Teamsters (General employees), Fire and Police, and Police Management Association

City of Newport Beach – Police; Police Management, Fire, Lifeguards, Lifeguard Management, OCEA, Professional and Tech and CEA

Orange County Fire Authority – OCEA (non-safety),  Local 3631 (Fire Association), OCFAMA (Management Association and Chief Officers Association)

City of Palm Springs – General Units (SEIU, Local 721), Police, Police Management Fire, Fire Management and Management and Professional Employees

City of Pasadena – IUOE and IBEW

County of Riverside – RSA – Sheriff’s Association – Law Enforcement Management Association and the DDAA (Association of County Attorneys)

Santa Ana – Police and SEIU – General employees

Tustin – Police, Police Management, Safety Support and OCEA (Municipal Employees) 

Treasury Issues Interim Final Rule on Coronavirus Local Fiscal Recovery Fund and Opens Process for Eligible Governments to Request Funding from the Fund
05/12/2021
LCW Special Bulletin

On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund and opened the portal through which qualified governmental entities, including metropolitan cities and counties, may to apply to Treasury for...

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Department of Industrial Relations Clarifies Reason for Employee Use of COVID-19 Supplemental Paid Sick Leave for Closure or Unavailability of the Employee’s Child’s School or Place of Care
04/29/2021
LCW Special Bulletin

On April 20, the Department of Industrial Relations (DIR) updated its guidance concerning Labor Code section 248.2 and provided its interpretation concerning the circumstances under which employees may qualify for COVID-19 Supplemental Paid Sick Leave (SPSL) due to the closure or unavailability of...

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Qualification for Coronavirus Local Fiscal Recovery (“CLFR”) Fund Payments for Local Governmental Entities and Pre-Award Requirements for Such Payments
04/16/2021
LCW Special Bulletin

On April 15, 2021, the Department of Treasury released information concerning the pre-award requirements in order for certain local governmental entities to receive payments from Coronavirus Local Fiscal Recovery (“CLFR”) Fund for “covered costs” related to COVID-19 and for other limited purposes....

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Department of Labor Releases Model COBRA Notices for the American Rescue Plan Act’s Employer-Provided COBRA Subsidy
04/12/2021
LCW Special Bulletin

On March 11, 2021, the President signed into law the American Rescue Plan Act (“ARPA”), codifying a myriad of changes under the law, including to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), which provides continuation health coverage for certain employees after their separation...

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Governor Newsom Enacts SB95, Obligating Most Public Employers to Provide COVID-19 Supplemental Paid Sick Leave to their Employees
03/22/2021
LCW Special Bulletin

On March 19, 2021, Governor Newsom signed into law Senate Bill (“SB”) 95, codifying at Labor Code section 248.2 new obligations on public agency employers to provide COVID-19 Supplemental Paid Sick Leave to employees who are unable to work or telework and have certain enumerated qualifying reasons...

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President Biden Approves the $1.9 Trillion American Rescue Plan Act of 2021
03/18/2021
LCW Special Bulletin

On March 11, 2021, President Biden approved House Resolution (HR) 1319, the American Rescue Plan Act, signing it into law.
The Act provides aid to many groups, including aid to local governments through the 130-billion-dollar Coronavirus Local Fiscal Recovery (CLFR) Fund. The Act also extends CARES...

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Can Employers Mandate the COVID-19 Vaccine?
03/17/2021
Orange County Register, Daily Breeze, Inland Valley Daily Bulletin, Press-Telegram, Los Angeles Daily News, Pasadena Star-News, Redlands Daily Facts, The Press-Enterprise, The San Bernardino Sun, San Gabriel Valley Tribune and Whittier Daily News

Peter Brown and Alexander Volberding were both recently quoted in “Can employers mandate the COVID-19 vaccine?” which was published in the Orange County Register, Daily Breeze, Inland Valley Daily Bulletin, Press-Telegram, Los Angeles Daily News, Pasadena Star-News, Redlands Daily Facts, The...

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Centers for Disease Control and Prevention Release Guidance for Vaccinated Individuals
03/11/2021
LCW Special Bulletin

On March 8, 2021, the Centers for Disease Control and Prevention (CDC) released new guidance and interim public health recommendations for fully vaccinated individuals. The guidance provides that fully vaccinated individuals may resume certain activities, such as gathering indoors and without masks...

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Senate Passes the American Rescue Plan Act Promising Critical Funding to Local Governments and the Potential for Additional Relief to Public Employees
03/08/2021
LCW Special Bulletin

On March 6, the United States Senate adopted an amended version of House Resolution (“HR”) 1319, the American Rescue Plan Act of 2021, a $1.9 trillion legislative package intended to address the economic damage caused by COVID-19.
For local governments, the passage of the American Rescue Plan Act...

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CDPH Reduces Quarantine Period Following “Close Contact” Exposures to Align with CDC Guidance
03/06/2021
LCW Special Bulletin

On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. This guidance now aligns with comparable advice provided by the Centers for Disease...

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CDPH Updates Travel Advisory to Revise the Recommended Quarantine Period Following Interstate and International Travel and to Warn Against Non-Essential Intrastate Travel
03/06/2021
LCW Special Bulletin

On January 6, 2021, the California Department of Public Health (CDPH) updated its November 13, 2020 travel advisory concerning non-essential interstate travel and the quarantine period for individuals who engage in such travel.
The new CDPH guidance makes two important changes to its prior travel...

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Identifying and Addressing the Legal Issues Implicated by Voluntary Employer-Sponsored COVID-19 Vaccination Programs
03/04/2021
LCW Special Bulletin

While most employers have decided against mandating COVID-19 vaccinations, some employers are considering offering their employees vaccinations on a voluntary basis or other ways to encourage their employees to be vaccinated.
When an employer is deciding whether to adopt a “voluntary vaccination...

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Third Attempt to Let Legislative Staff Unionize Has More Support
02/26/2021
The Daily Journal

Peter Brown was quoted in the February 8, 2021 Daily Journal article “Third attempt to let legislative staff unionize has more support,” which highlighted the stakes of AB 314 and its potential effects on unionized workforces.  To read the article in its entirety, please click here.

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Recent California Supreme Court Decision in the Independent Contractor Classification Saga Holds that Dynamex Applies Retroactively
01/29/2021
LCW Special Bulletin

On April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. The California Supreme Court reinterpreted and significantly altered the test for determining whether workers in...

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FOX News Segment with Peter Brown & Alex Volberding
01/22/2021
FOX News

Partner Peter Brown and Associate Alex Volberding were recently highlighted during a FOX News segment on employer-mandated vaccinations.

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Labor Law, Union Implications for Employer-Mandated Covid Vaccines
01/22/2021
Bloomberg Law

Peter Brown and Alexander Volberding recently penned a Bloomberg Law piece “Labor Law, Union Implications for Employer-Mandated Covid Vaccines,” which was published Jan. 21. The piece discusses how employers will likely have to bargain with labor organizations that represent their employees prior...

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KNX 1070 Radio Segment with Peter Brown
01/21/2021
KNX 1070

Partner Peter Brown was recently interviewed by KNX 1070 on the topic of employer-mandated vaccinations.

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Cal/OSHA Provides Questions and Answers Regarding New Regulations Related to COVID-19
01/14/2021
LCW Special Bulletin

On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8...

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The Equal Employment Opportunity Commission (EEOC) Updates Guidance Concerning the Permissibility of Requiring COVID-19 Vaccinations
12/23/2020
LCW Special Bulletin

On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations. In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act...

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Governor Issues Executive Order Revising Cal/OSHA Quarantine Guidance and Addressing Other COVID-19 Related Issues
12/17/2020
LCW Special Bulletin

This article was reviewed January 2021 and the information is up-to-date.
 
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.
In this bulletin, we address several...

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Responding to COVID-19 Outbreaks
12/16/2020
LCW Special Bulletin

On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have...

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Permissibility of Requiring that Public Employees Receive a COVID-19 Vaccination
12/07/2020
LCW Special Bulletin

Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public...

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Governor Newsom Announces New Regional Stay At Home Order (Public Agencies/Public Education)
12/04/2020
LCW Special Bulletin

On December 3, in order to slow the unprecedented rise in the rate of increase in COVID-19 cases and hospitalizations in the state, Governor Gavin Newsom announced a new Regional Stay At Home Order (the “Order”).
The Order will take effect on December 5, 2020 in any region of the state, as...

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CDC Reduces Recommended Quarantine Period Following “Close Contact” Exposures to Individuals with COVID-19
12/03/2020
LCW Special Bulletin

On December 2, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The guidance reduces the recommended quarantine period from 14 days to either 10...

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Cal/OSHA Board Adopts Emergency Regulations Regarding COVID-19 for Public Agencies and Nonprofits
11/30/2020
LCW Special Bulletin

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

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Cal/OSHA Board Adopts Emergency Regulations Regarding COVID-19 for Public Educational Institutions
11/30/2020
LCW Special Bulletin

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

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Cal/OSHA Board Adopts Emergency Regulations Regarding COVID-19 for Private Schools
11/30/2020
LCW Special Bulletin

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

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Cal/OSHA-Compliant Template COVID-19 Prevention Program (“CPP”) Available
11/30/2020
LCW Special Bulletin

On November 25, 2020, Liebert Cassidy Whitmore issued a special bulletin concerning an emergency regulation (8 C.C.R. 3205) that the California Occupational Safety and Health Standards Board (“OSHSB”) adopted concerning the adoption and implementation of a COVID-19 Prevention Program (“CPP”). The...

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Cal/OSHA Board Adopts Emergency Regulations Regarding COVID-19 for Public Agencies
11/25/2020
LCW Special Bulletin

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

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California Department of Public Health Issues Updated Guidance for the Use of Face Coverings
11/20/2020
LCW Special Bulletin

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

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Tips from the Table: Labor Relations Tips During a Pandemic
11/19/2020
California Public Agency Labor & Employment Blog

We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful...

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California Department of Public Health Issues COVID-19 Travel Advisory Recommending 14-Day Self Quarantine for Any Non-Essential Travel Out of State
11/13/2020
LCW Special Bulletin

On November 13, 2020, in response to alarming increases in the incidence rates of COVID-19 in other countries and states, the California Department of Public Health (“CDPH”) issued a travel advisory to California residents.
The travel advisory expressly recommends that California residents avoid...

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Department of Labor Issues Revised Regulations Concerning the Families First Coronavirus Response Act for Public Agencies
09/14/2020
LCW Special Bulletin

On September 11, 2020, the Department of Labor (“DOL”) promulgated three revised regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. 826.) The revised regulations will take effect on September 16, 2020, upon publication of the revised rule...

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Governor Newsom and the California Department of Public Health Announce New Framework for Reopening
09/01/2020
LCW Special Bulletin

On August 28, 2020, Governor Gavin Newsom announced a new risk-based framework by which the California Department of Public Health (“CDPH”) will determine what activities are permitted in counties throughout the state (“Blueprint for a Safer Economy”). While most governmental operations are...

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The Department Of Labor Issues Final Rule Regarding Joint Employer Status Under The FLSA
07/08/2020
LCW Special Bulletin

The United Stated Department of Labor has issued a final rule updating its regulations regarding joint employer status under the FLSA.  This bulletin will discuss the final rule and how it could affect whether an employee who works for you could be considered an employee who works for joint...

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Interaction Between Emergency Paid Sick Leave and Paid Family Leave/State Disability Insurance
04/30/2020
LCW Special Bulletin

Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”) or State Disability Insurance (“SDI”), two benefits established under California law.
PFL provides 60-70% wage...

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Guide to Understanding the Pandemic Emergency Unemployment Compensation (“PEUC”) Program Under the CARES Act
04/20/2020
LCW Special Bulletin

Note: This is the second of a two-part series concerning federal unemployment assistance. You may access the first bulletin here.
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...

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Interaction Between Emergency Paid Sick Leave and Paid Family Leave: What Public Education Institutions Need to Know
04/14/2020
LCW Special Bulletin

In public school and community college districts that participate in the State Disability Insurance (“SDI”) program, employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”), a...

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Interaction Between Emergency Paid Sick Leave and Paid Family Leave
04/14/2020
LCW Special Bulletin

Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”), a benefit established under California law. PFL provides 60-70% wage replacement benefits for up to 6 weeks (8 weeks...

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Emergency Response
04/07/2020
The Daily Journal

J. Scott Tiedemann, Peter Brown, and Steve Berliner were interviewed in the Daily Journal to discuss advising clients in the time of COVID-19.  Topics discussed include public safety advice, labor relations issues, and retirement counsel during a pandemic.  To read the full article, please visit...

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Determining the Employees Essential to Your Agency’s Function and Complying with Executive Order N-33-20
04/06/2020
LCW Special Bulletin

On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), which effectively imposed a statewide shutdown of non-essential business and governmental operations.  This Special Bulletin was updated on April 6 to reflect the most current guidance and orders.
The analysis...

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Coronavirus Aid, Relief, and Economic Security (“CARES”) Act Enacted into Law
03/27/2020
LCW Special Bulletin

On March 27, President Trump signed into law HR 748, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which provides for $2 trillion in relief assistance to businesses, non-profits, state and local governments, public agencies and special districts, public elementary and secondary...

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Revised Special Bulletin: Families First Coronavirus Response Act Enacted Into Law
03/23/2020
LCW Special Bulletin

On March 18, 2020, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the Senate passed the Families First Coronavirus Response Act (the Act) and President Trump signed the bill into law a few hours later.  We initially reported on this...

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UPDATE, March 16, 2020, 5:49 p.m. Tax Credits for Private Employers in Families First Coronavirus Response Act
03/16/2020
LCW Special Bulletin

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...

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House Passes Families First Coronavirus Response Act, Bill Moves To Senate For Vote
03/16/2020
LCW Special Bulletin

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...

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What Employers Should Know About the New Overtime Rate Regulations
02/20/2020
Bloomberg Law

Under the federal Fair Labor Standards Act, employers are required to pay overtime to non-exempt employees at one-and-one-half times the employee’s “regular rate of pay” for all time worked in excess of 40 hours in a workweek. The regular rate is not necessarily the same as the employee’s normal...

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The Long-Awaited FLSA Salary Basis Update Is Finally Here
09/24/2019
LCW Special Bulletin

Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to the Fair Labor Standards Act (FLSA) overtime requirements. The final rule will become effective on January 1,...

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DOL May Update Overtime Rate Regulations for First Time in 50 Years
09/13/2019
The Daily Journal

This article discusses the proposed new rules on the Fair Labor Standards Act (FLSA)’s regular rate of pay requirements by the Department of Labor (DOL). If and when the final rules are issued, this revision would be the first substantive change to the DOL’s regular rate guidelines in 50 years....

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Minimum Wage Applies to Charter Cities And All Counties
04/01/2019
The Daily Journal

Peter Brown and Megan Atkinson authored an article for the Daily Journal that discusses the Court of Appeal case Marquez v. City of Long Beach (244 Cal. Rptr. 3557 (2019)).The Court of Appeal held that California’s state minimum wage applies to all public employers, including charter cities and all...

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June 17, 2021
The Rules of Engagement: Issues, Impacts & Impasse
Virtual Seminar
August 26, 2021
MOU Overtime: Are You Paying Above the Legal Requirements?
Webinar

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