Thought Leadership2020-10-21T10:10:27-07:00

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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.

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.)

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.

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