On March 15, 2014, the California Court of Appeal in White v. County of Los Angeles held an employer may order a second fitness for duty evaluation after the employee returns from medical leave under the Family Medical Leave Act ("FMLA"). Under the FMLA, an employee must be reinstated to work a..
PERB's recent decision in City of Redondo Beach was significant for two reasons. First, while PERB does not ordinarily assert jurisdiction over police and police management due to exceptions outlined in MMBA sections 3509 and 3511, it found these exceptions do not apply to its authority to appo..
The California Public Employees' Retirement System ("CalPERS") filed an amicus brief in the United States Court of Appeals to support the Committee Retirees of the City of Detroit and others in appealing the bankruptcy court's determination that Detroit is eligible for bankruptcy. Specifically,..
On March 20, 2014, the California Court of Appeal found the Orange County Sheriff's Department may have violated officers' POBR rights when it failed to provide a pre-termination hearing after a potentially pre-textual
The officers were "laid off" from their positions at the Sheri..
In BART Police Officers Association v. Bay Area Rapid Transit District et al ., the BART Police Officers’ Association (BPOA) successfully defended the privacy rights of its members and prevented the unlawful disclosure of the name of an officer under investigation in a critical incident. ..
On March 17, 2014, a Superior Court judge rejected Mayor Chuck Reed’s challenge to the Attorney General’s
summary of his “Pension Reform Act of 2014.” Reed claimed the first sentence of Attorney General Kamala D.Harris’s summary was false, partial, and argumentative. ..
On March 27, 2014, the California Court of Appeal held the California Public Records Act (CPRA) does not require
public agencies to disclose officials’ communications about public business on personal email and cell phone
accounts. The Court held communications stored solely on private acc..
The California Court of Appeal issued an opinion in Vranish v. Exxon Mobil Corporation. The Court
ruled collective bargaining agreements (CBA) meeting certain requirements define overtime for covered
employees, not the California Labor Code.
In Vranish, Exxon Mobil employees regularly worke..
On March 18, 2014, the Ninth Circuit issued an opinion in Haro v. City of Los Angeles. The Ninth Circuit found standard overtime rules under the Fair Labor Standards Act (FLSA) apply to fire department dispatchers and aeromedical technicians. This case distinguishes fire department dispatchers a..
Government Code section 3255 requires employers give firefighters an opportunity to review any adverse
comments before they can be placed in the firefighters "personnel file, or any other file used for any
personnel purposes by his or her employer." Likewise, Government Code section 3256.5 give ..
On February 13, 2014, the Ninth Circuit issued an opinion in Retired Employees Association of Orange County, Inc. v. County of Orange (2/13/2014) 9th Cir. 12-56706. The Retired Employees Association of Orange County (“REAOC”) filed a lawsuit against the County of Orange when the County d..
Today, in Peruta v. County of San Diego, the federal Court of Appeals for the Ninth Circuit struck down California's law about concealed weapons permits as a violation the the Second Amendment right to bear arms. California law says a person has to have "good moral character," complete a training co..
FLSA section 203(o) allows employers and unions to bargain about whether to pay employees for time spent “changing clothes” on employer. However, courts have struggled with interpreting the meaning of “changing clothes” under the section 203(o) exception. The..
On January 17, 2014, the state senate amended Senate Bill 388. the law would amend the Public Safety Officers Procedural Bill of Rights Act (POBR) and Fire Firefighters Procedural Bill of Rights Act (FFBOR). Both laws give legal rights to officers and firefighters under investigation or witnesse..
CalPERS posted another huge increase in its investments which grew by 16.2% in 2013. That's more than the 12.5% CalPERS reported in July 2013 and the 13.3%it earned in 2012. CalPERS has continued to grow its assets since 2011 when a 20.7% return prompted CalPERS to declare "We are back." According t..
In Stationary Engineers Local 39 v. City of Sacramento (December 24, 2013) PERB Dec. No. 2351-M, PERB formally adopted the NLRB's rule from i J & R Flooring, Inc. d/b/a PicinFlooring (2010) 356 NLRB No. 9, to require electronic notice postings. As it explained, PERB "update[d] PERB's traditi..
In City of Sacramento v. Workers Compensation Appeals Board (Cannon) (December 26, 2013, Court of Appeal Case No. C072944), the Court of Appeal ruled in favor of accuracy and fairness when rating workers’ compensation injuries. The decision establishes the Almaraz/Guzman rule is not limited to..
On December 20, 2013, the Santa Clara County Superior Court overturned the heart of Measure B, San Jose's attack on employees' pensions. In doing so, the court followed the Monterey and Los Angeles superior court which have overturned similar attacks on employees' vested rights.
The court ove..
In Hagen v. City of Eugene (9th Cir. 12-35492 12/3/13), the Court of Appeals held when an employee makes statements within the chain of command, regarding an issue of employment, and has a duty to make those statements, they do not first amendment protections.
Officer Hagen was a K-9 Officer..
The Pension Reform Act of 2014, chiefly supported by San Jose Mayor Chuck Reed, seeks to radically change what it means to have a pension in California. It is well established that a right to a pension vests when an employee accepts employment. But Reed wants to change that to make a pension benefit..