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.
DLSE Clarifies California Employer Obligation to Provide 2022 COVID-19 Supplemental Paid Sick Leave
DLSE Clarifies California Employer Obligation to Provide 2022 COVID-19 Supplemental Paid Sick Leave
Police reform isn’t optional, and HR must be involved
In the world of local government, however, the issue isn’t really whether there will be new approaches to policing as we know it but what the changes will be.
Governor Signs Assembly Bill 361 to Amend California’s Open Meeting Laws, Effective Immediately
The Legislature has stepped in to formally amend open meeting laws to account for a new reality where a persistent global pandemic and extreme wildfires stoked by climate change create an enduring need to make virtual meetings a more permanent fixture for public meetings in California.
New Appellate Decision Makes Clear that POBRA Cannot Shield Police Misconduct from Public Scrutiny
Although it is a small step, a recent appellate decision involving the City of Oakland carries significant promise for ensuring that local public agencies and civilian oversight boards can fully investigate allegations of police misconduct to ensure integrity in policing and maintain community trust.