Court of Appeal Revisits Limits on Voter Initiatives
Voter initiatives permit voters to adopt a change in the law at the ballot box. In a recent decision in City of Oxnard v. Starr (2d Civ. No. B314601), the Court of Appeal set forth some limits on the initiative power.
Chalking It Up to Nothing: The Ninth Circuit Upholds San Diego’s Chalking Practice Under the Special Needs Exception to the Warrant Requirement
Municipalities in California that rely on the practice of chalking tires to enforce parking restrictions can take solace in a recent Ninth Circuit decision that affirms the constitutionality of the practice and parts ways with Sixth Circuit precedent that had previously raised constitutional questions about
FPPC Guidance on New Campaign Contribution Restriction for Local Elected Officials
At its November meeting, the Fair Political Practices Commission (“FPPC”) voted not to apply SB 1439 to campaign contributions received in 2022, prior to SB 1439’s effective date. Recently enacted by the Legislature, SB 1439 sets new limits on campaign contributions solicited or received by local elected officials.
Increase in Annual Gift Limit for Form 700 Filers
The Fair Political Practices Commission (“FPPC”) has approved an increase in the annual gift limit for Form 700 filers from $520 to $590, effective January 1, 2023.
Cadena et al. v. Customer Connexx, LLC et al
On October 24, 2022, the Ninth Circuit held that time spent by a specific group of call center workers booting up their computers was compensable under the Fair Labor Standards Act (FLSA) as “integral and indispensable” to their principal job duties. The Court’s decision in Cariene Cadena, et al. v. Customer Connexx, LLC, et al., 51 F.4th 831 (9th Cir. 2022) (“Cadena”) , reversed a district court ruling granting summary judgment to the employer-defendant.
California Adopts New Protections for Election Workers and Other Public Servants
The increasingly polarized political environment has taken a toll on election workers and other public servants. The California Legislature has noticed, recognizing in its most recent election legislation that 15 percent of the state’s election officials have retired since the 2020 election. In an ongoing effort to address this issue, Governor Newsom signed SB 1131 into law on September 26, 2022, establishing new protections for public officials from harassment, threats, and acts of violence. As an urgency statute, SB 1311 went into effect that same day.
California Whistleblower Retaliation Claims after Lawson v. PPG
On January 27, 2022, the Supreme Court of California held that the employee-friendly California Labor Code Section 1102.6 standard applies to whistleblower retaliation claims under Labor Code section 1102.5. (Lawson v. PPG Architectural Finishes, Inc. (Cal. 2022) 12 Cal.5th 703, 718.)
CalPERS Moves Forward on New Retired Annuitant Regulation
On Monday, April 18, 2022, the Pension and Health Benefits Committee of the CalPERS Board of Administration voted to move forward with adopting a regulation governing the employment of retired persons, or “retired annuitants.”
Cal/OSHA Adopts Next Iteration of ETS
On April 21, 2022, California’s Occupational Safety and Health Standards Board adopted the next iteration of the Cal/OSHA Emergency Temporary Standards (“ETS”), which sets out workplace safety requirements related to COVID-19 applicable to public employers. This latest ETS comes a few weeks before the current ETS is set to expire on May 6, 2022.