WATCH WHAT YOU SAY!

Imagine that you are negotiating a labor agreement, and during the negotiations you utter the terrible words “unrepresented” and “represented.”  Those two words led one public agency to a one million dollar back pay obligation imposed by the Public Employment Relations Board (PERB).  How did this happen?  See Contra Costa County Fire Protection District v. Public Employment Relations Board, petition...

Public Policy, and the Appellate Courts, Favor Prompt Tort Claims

On December 28, 2020, the Fourth Appellate District of California affirmed a decision from San Diego County with important implications for municipal clients facing tort claims pursuant to the Government Claims Act. The Government Claims Act (§ 810 et seq.) provides, as a general rule, that no suit for money or damages may be maintained against a public entity unless...

Mask Mandate, Suggestion or Law?

This year has been rough, and in the land of COVID misinformation abounds, leaving many with questions, such as, “Do I really have to wear a mask?” There have been numerous executive orders issued since March, 2020, all seemingly the same and at the same time contradicting one another. Early on in the pandemic the back and forth surrounding the...

New Use of Force Regulations

New laws restricting use of force by police were passed by Governor Newsom this year in response to the public outcry spurred by the events which took place in Minneapolis, Minnesota, and the ultimate death of George Floyd.  Protests took place in every state across the nation decrying police brutality.  While every state was forced to examine these issues, no...

My Employee has COVID, Who Must I Tell?

AB 685 – COVID-19 Employer Notice and Reporting Requirements: Signed into law on September 17, 2020, Governor Gavin Newsom set forth standards that employers must follow to provide notice to employees and report information related to COVID-19 exposures to local public health agencies.  AB 685 specifically requires employers to provide the following four notices related to potential COVID-19 exposures in the...

New State Rules for Employing Minors

A new California law has created additional requirements for employers that have workers (including volunteers) under the age of 18. AB 1963 amends the Child Abuse and Neglect Reporting Act to add to the list of mandatory reporters a human resources employee and frontline supervisor of an agency with five or more workers and that employs minors.This means that if an...