WORK WITH US
San Bernardino County of Public Attorneys Association (SBCPAA) v. County of San Bernardino, et. al. (2014) – Successfully defended the County of San Bernardino against SBCPAA’s challenge to the County, eliminating its pick-up of a portion of the employees’ contribution to the retirement system. SBCPAA argued that a statute enacted as part of the PEPRA actually required the County to continue the pick-ups absent the employees’ agreement to a change in the employer contribution.
Neustadter v. CalPERS, et al. (2013) – In this case, Steve defended a lawsuit brought by a former local agency employee against CalPERS and the agency, that sought to compel higher retirement benefits through CalPERS or for the agency to pay the difference if CalPERS was determined to not be responsible for the payment. Steve successfully argued that the benefits currently being provided were correct and the agency had no further liability to the former employee.
Brotherhood of Locomotive Engineers and Trainmen, a Division of the Rail Conference, International Brotherhood of Teamsters; Glenn William Steele v. Southern California Regional Rail Authority, d/b/a Metrolink (2011) – In a case handled by Steve Berliner and James Oldendorph of Liebert Cassidy Whitmore’s Los Angeles office, the Los Angeles County Superior Court ruled that Metrolink’s installation and operation of an audio and video monitoring system in the cabs of Metrolink locomotives did not violate the locomotive engineers’ privacy rights, due process rights, and that the actions were not preempted by state law. The union for the engineers that operate the locomotives, and one individual engineer, had sued Metrolink seeking declaratory and injunctive relief, arguing that the engineers had a reasonable expectation of privacy in the cabs of the locomotives and that Metrolink’s monitoring system violated their procedural and substantive due process rights. They also claimed that the installation of the cameras and the policy adopted to govern their use were preempted by state law. The Court granted Metrolink’s motion for summary judgment on all of Plaintiffs’ causes of action, finding that there were no issues of material fact warranting a trial. This ruling resulted in a victory for Metrolink on all claims.
City of Carlsbad – Safety and Non-Safety Units.
City of El Cajon – Safety and Non-Safety Units.
City of La Mesa – Safety and Non-Safety Units.
City of Fullerton – Safety Units.
City of Port Hueneme – Safety Units.
City of Rancho Cucamonga – Non-Safety Units.
City of Murrieta – Safety and Non-Safety Units.
City of South Pasadena – Safety and Non-Safety Units.
City of Oceanside – Safety Units.
Joshua Basin Water District – Non-Safety Unit.
City of Encinitas – Safety and Non-Safety Units.
City of Redondo Beach – Served on Factfinding Panel.
City of Port Hueneme – Served on Factfinding Panel.
Kern County – Presented Case to Factfinding Panel.
City of Hesperia – Served on Factfinding Panel.
City of El Cajon – Served on Factfinding Panel.
Partner Steven M. Berliner was quoted in Daily Journal, Orange County Register, Sacramento Bee, Courthouse News Service, Pensions & Investments and EdSource regarding the California Supreme Court ruling on July 30, 2020 against a union of Alameda County sheriff’s deputies over the legality of a...
On July 30, 2020, the California Supreme Court issued its decision in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. (Alameda). It was anticipated that the Court would address the continuing viability of the “California Rule.” Under the California...
The California Public Employees’ Retirement System (“CalPERS”) has answered several outstanding questions concerning how paid leave hours taken under the Families First Coronavirus Response Act (“FFCRA”) should be tracked and reported. On April 16, 2020, CalPERS issued Circular Letter No....
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...
This article discusses best practices when hiring CalPERS retirees. Topics explored include reinstatement issues and pitfalls and independent contractor status.
To read the full article, please view the Daily Journal’s website here.
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...
This Special Bulletin follows up on our February 5, 2020 Special Bulletin on COVID-19, the novel coronavirus of 2019. The information in that Special Bulletin remains valid, including those steps individuals can take to lessen the spread of the virus.
In the past month, COVID-19 spread throughout...
In California, increasing pension costs are already starting to crowd out any discretionary spending for many cities. Recent news from the California Public Employees’ Retirement System (CalPERS) offers little hope for relief for agencies that contract with CalPERS. Changes in the actuarial...