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Education

JD, Santa Clara University School of Law

MA, San Jose State University

BA, San Francisco State University

Did You Know

Before he went to law school, Rick served as a union steward for his custodian bargaining unit and after that worked as a business agent for a well established public employee union.

City of Milpitas Non-Safety Units

County of Sonoma Safety and Non-Safety Units

Peralta CCD Classified units

West Valley Mission CCD Safety and Faculty Units

County of Mariposa – Safety and Non-Safety Units

City of San Luis Obispo – Safety and Non-Safety Units

City of Martinez – Safety and Non-Safety Units

County of Sonoma v. Public Employment Relations Board (Sonoma County Deputy Sheriff’s Association) (2022) – Successfully represented the County before the Court of Appeal, First District. The County sought to expand their Independent Office of Law Enforcement Review and Outreach (IOLERO)’s powers and duties to enhance law enforcement oversight and transparency.  Measure P was added to the ballot and passed by a majority of the vote.  Two labor associations representing County law enforcement and correctional officers, filed unfair practice charges against the County.  PERB reviewed the matter and determined that the County’s decision to place certain amendments to Measure P on the ballot was subject to bargaining and that other amendments were subject to “effects” bargaining.  The County appealed to the California Court of Appeal.

In a published decision, the Court vacated PERB’s decision that the County had had violated the MMBA by failing to bargain over its decision to expand law enforcement oversight. While the decision affirmed PERB’s findings on effects bargaining, it revised its tentative decision on PERB’s remedial authority following oral argument, finding that PERB exceeded its jurisdiction by invalidating Measure P amendments.  The Court of Appeal remanded the matter to PERB for further proceedings consistent with the Court’s decision.

Balestrieri et al v. Menlo Park Fire Protection District (2015) – Successfully defended the District against firefighters’ claims, alleging that the District was obligated to pay for time spent traveling between fire station to pick up or drop off “turnout gear,” before or after voluntary overtime shifts. The firefighters also claimed that the District should have included, in the regular rate calculation for overtime, the amount of money the District cashed out to employees for unused time in their “Annual Leave” bank. The firefighters claimed that the unused Annual Leave was akin to unused sick leave, which must be included in the regular rate. After the District successfully moved for summary judgment on both claims, the firefighters appealed. The Ninth Circuit affirmed the District Court’s decision and held that under the Fair Labor Standards Act, the travel time was not compensable. The Ninth Circuit also agreed that because the cashouts of annual leave were made in order to reduce the District’s liability for banked leave hours, the unused leave was not akin to sick leave and therefore did not have to be included in the regular rate used to calculate overtime.

Wage & Hour: Cash Out of Paid Leave Hours
11/15/2022
California Public Agency Labor & Employment Blog

We are excited to introduce our video series – Wage & Hour Issues in the Workplace. In these videos, members of LCW’s Wage & Hour practice group will provide various tips that can be implemented in your workplace. We hope that you will find these clips informative and helpful!

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Tips from the Table: Handling Requests For Information From Your Labor Unions
03/24/2022
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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PERB Holds that Mandating Vaccinations is Outside the Scope of Representation
07/30/2021
LCW Special Bulletin

On July 26, the Public Employment Relations Board (“PERB”) issued an important decision concerning the negotiability of decisions regarding vaccination requirements. PERB’s decision opens the door for public employers to adopt mandatory COVID-19 vaccination policies, and do so without first...

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Wage & Hour: The Importance of Proper Work Week Designations
02/09/2021
California Public Agency Labor & Employment Blog

We are excited to introduce our video series – Wage & Hour Issues in the Workplace. In these videos, members of LCW’s Wage & Hour practice group will provide various tips that can be implemented in your workplace. We hope that you will find these clips informative and helpful!

This...

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COVID 19: The Duty to Meet and Confer and Other Public Agency Obligations During A Public Health Emergency
03/23/2020
LCW Special Bulletin

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...

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August 18, 2022
The Rules of Engagement: Issues, Impacts & Impasse
Virtual Seminar
February 16, 2023
The Rules of Engagement: Issues, Impacts & Impasse
Virtual Seminar
REGISTER
November 17, 2022
Save Big Bucks: The Most Common FLSA Compliance Mistakes Public Agencies Make And How To Avoid Them
Monterey | California Public Employers Labor Relations Association (CALPELRA) 2022 Annual Training Conference

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