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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.

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.

City of Los Altos – Safety and Non-Safety Units.

County of Sonoma – Safety and Non-Safety Units.

County of Contra Costa – Non-Safety 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.

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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November 03, 2021
Trends & Topics at the Table

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