Heads Up!! SB 278: Increased Employer Liability for CalPERS Reporting Errors

On September 27, 2021, Governor Newsom signed SB 278, which adds Government Code section 20164.5 to the statutes.  SB 278 requires public employers to reimburse CalPERS and pay substantial penalties when CalPERS deems part of a pension benefit to be unlawful after a member has retired, even if CalPERS had previously approved of the benefit during an audit or MOU...

Gov. Newsom Extends Remote Government Meetings

On September 16, 2021, Governor Newsom signed AB 361 into law.  The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. This urgency bill became effective immediately upon the Governor’s signature, and amends the...

Ordinances Requiring Premium Pay for Employees Working in Pandemic are Upheld

The COVID-19 pandemic has changed the employment world in a lot of different ways.  For several cities in California, this has translated to premium or “hero” pay for employees such as grocery workers still working amid the pandemic.  California cities such as Long Beach and Coachella have adopted ordinances like the Premium Pay for Grocery Workers Ordinance which requires large...

Can Cannabis be Advertised in California?

In November 2016, California voters adopted Proposition 64, the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), permitting the legalization of Cannabis use. Among the regulations contained within Proposition 64 is Business and Professions Code section 26152(d), also known as the “Advertising Placement Statute.” This statute provides that a licensee shall not advertise or market on a billboard...

Inverse Condemnation and Eminent Domain Are Based On Similar Legal Foundations, but Are Distinct Legal Actions

The power of eminent domain allows the government to take private property for public use for just compensation.  Typically, the public use is for constructing public roads, utilities, and buildings. The government agency determines which properties are within the scope of the public project and then works to take ownership of the property in exchange for fair and just compensation....

Moratorium on Evictions: When Will it End?

As most Californians are aware, the ban on residential evictions as a result of the COVID-19 pandemic has been a key feature of the measures taken at the State level to maintain the status quo while the state (and country) recover from the financial impacts of stay-at-home orders and other measures.Landlords in California have been eager to know when they...