1. May 27, 2016

    Temporary Restraining Order Issued On State Allocation Board Finding That No State Funds Are Available For New Construction Projects For Level III Developer Fees

    BY: Martin A. Hom, Terry Tao, Andreas Chialtas, Constance Schwindt, Lisa Allred, Lindsay Thorson

    At the May 25, 2016, State Allocation Board meeting, the State Allocation Board authorized, for the first time ever, the imposition of Level III Developer Fees.  Developer Fees or school impact fees are paid by property owners and developers to mitigate the impacts of new construction on the school district’s facilities.  There are three levels […] more

  2. May 23, 2016

    Is the Perceived Political Speech of Employees Constitutionally Protected?

    BY: Michele Landenberger, Cathie Fields

    On April 26, 2016, the U.S. Supreme Court issued its opinion in Heffernan v. City of Paterson, No. 14–1280, finding that a police officer who was demoted after being seen talking to a mayoral candidate’s campaign team can assert a claim that he was deprived of his constitutionally protected rights under 42 U.S.C. section 1983, […] more

  3. May 19, 2016

    U.S. Department of Labor Is Increasing the Salary Threshold for Overtime Exemptions

    BY: Sharon Ormond, Todd M. Robbins, Chesley Quaide

    California’s public educational entities need to be aware of changes to federal law that will become effective on December 1, 2016.  The U.S. Department of Labor will be publishing its official Final Rule on May 23, 2016, updating the Fair Labor Standards Act (“FLSA”) regulations regarding the executive, administrative and professional exemptions from overtime and […] more

  4. May 9, 2016

    New and Improved! More Complaints Fall under Uniform Complaint Procedures

    BY: Cathie Fields, Davina F. Harden, Bryan Martin, Jacquelyn Takeda

    Under Title 5 of the California Code of Regulations, sections 4600-4687, local educational agencies such as school districts must adopt procedures for resolving certain types of complaints, including allegations of unlawful discrimination, harassment, intimidation, bullying, and noncompliance with certain federal and state program requirements. These policies are known as “Uniform Complaint Procedures” (UCP), as their […] more

  5. April 15, 2016

    Teacher Permanency, Termination, and Layoff Statutes Remain Intact After the Court of Appeal Rejects the Trial Judge’s Decision in Vergara v. State of California

    BY: Mark Bresee, Amy Estrada, Alyssa Ruiz de Esparza

    A decision was issued late yesterday by the Court of Appeal in a case that continues to highlight the political debate about the Education Code’s substantial protections for public school teachers.  Our firm reviewed the trial court’s decision in an Alert, saying the decision in favor of the plaintiffs was likely the first battle in […] more

  6. April 12, 2016

    Workplace Disability Issues: Are Alcoholism and Illegal Drug Use Protected Disabilities?

    BY: Jacquelyn Takeda, Cathie Fields

    Drug users and alcoholics are treated differently under employment disability laws. Under the American with Disabilities Act (ADA), alcoholism is recognized as a disability. Thus, individuals suffering from alcoholism are entitled to the same protections under the ADA as someone with another qualifying physical or mental disability. On the other hand, the ADA specifically excludes […] more

  7. March 29, 2016

    Agency Fees Remain Valid after Supreme Court Splits 4-4 on Friedrichs

    BY: Paul McGlocklin, Tony De Marco

    While some predicted agency fees would be invalidated through this highly publicized lawsuit, the Supreme Court’s 4-4 split decision today in Friedrichs v. California Teachers Association means California’s mandatory agency fees laws withstand the most recent challenge. As we commented last October, the Supreme Court agreed to hear a challenge from 10 California teachers alleging […] more

  8. March 25, 2016

    New FEHA Regulations Require Updated Workplace Poster as of April 1

    BY: Cathie Fields, Elizabeth Lind, Aaron O'Donnell, Todd M. Robbins

    The typical workplace bulletin board is densely packed with legally required posters and employee notifications. As laws change, the posters must be updated to reflect the changes. For example, the minimum wage in California increased to $10 an hour on January 1, 2016; the required poster specifying the minimum wage should reflect that most recent […] more

  9. March 7, 2016

    Mass Emailing Can Expose Employers to Defamation Liability

    BY: Alyssa Ruiz de Esparza, Cathie Fields

    On February 11, 2016, a federal district court in New York allowed a former executive to proceed with his defamation lawsuit against the company that terminated him. (McCusker v. Hibu PLC (E.D.N.Y. 2/11/16) 2016 WL 538472.) This lawsuit was spurred by the company’s circulation of a mass email informing all current employees, beyond senior management, […] more

  10. February 18, 2016

    Update on Department of Justice Website Accessibility Regulations

    BY: Cathie Fields

    On August 25, 2015, we discussed the U.S. Department of Justice’s expectation for making websites accessible to disabled individuals, even in advance of the DOJ issuing any accessibility regulations. (See “Department of Justice Accelerates Expectations for Website Accessibility”) Late last year the DOJ released its Fall Statement of Regulatory Priorities. The statement announced the DOJ […] more