1. August 18, 2016

    FCC Issues Declaratory Ruling on “Robocalls” and Text Messages Sent by Schools

    BY: Sharon Ormond, Lisa Allred, Shawna McKee, Theo Lieu

    The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to lessen the impact of calling practices that invade consumer privacy and threaten public safety.  One such intrusive calling practice is known as a “robocall.”  Robocalls are made either with an automated telephone dialing system (autodialer) or with a prerecorded or artificial voice.  The TCPA […] more

  2. August 9, 2016

    EEOC Limits on Disability-Related Inquiries Regarding Employee Participation in Employer-Sponsored Wellness Plans

    BY: Georgelle Cuevas, Todd Goluba

    Earlier this year the Equal Employment Opportunity Commission (EEOC) published an official Final Rule to amend the Regulations and the accompanying Interpretive Guidance implementing Title I of the Americans with Disabilities Act (ADA).  This Final Rule affects all wellness programs that include disability-related inquiries and/or medical examinations and requires that all health programs must be […] more

  3. August 5, 2016

    IRS Issues Proposed Regulations on Eligible Benefit “Opt-Out” Arrangements

    BY: Cathie Fields, William Diedrich

    The Affordable Care Act (ACA) of 2010 made unprecedented changes to health benefit plans. The most sweeping ACA provisions took effect in 2014; other provisions have been delayed from their original implementation target dates. The Internal Revenue Service, the agency responsible for enforcing many of the ACA’s tax implications, has issued various regulations under the […] more

  4. July 14, 2016

    School Districts and Colleges Can Regulate Possession of Weapons on Campus

    BY: Daphne B. Hall, Alan Atlas, Cathie Fields, Georgelle Cuevas

    California’s Gun-Free School Zone Act (Penal Code section 626.9) makes possessing a firearm in a school zone punishable as a crime.  Criminal liability attaches unless the individual (1) has obtained the permission of the school district superintendent or equivalent school authority to carry a firearm or (2) falls within the exemptions under the statute. The […] more

  5. June 14, 2016

    Newly-Unveiled Office for Civil Rights Data Shows Persistent Gaps in Educational Equity

    BY: Peter Denno, Todd Goluba

    On June 7, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) provided the public with a “First Look” at the data gathered during its biennial Civil Rights Data Collection (CRDC) for the 2013-2014 school year. In its accompanying press release, OCR highlighted data points that reveal persistent disparities in educational equity and […] more

  6. May 31, 2016

    Workplace Disability Issues: California Employers Must Accommodate Employees’ Association with Disabled Individuals

    BY: Jacquelyn Takeda, Cathie Fields

    On April 6, 2016, a California Court of Appeal determined that under the Fair Employment and Housing Act (“FEHA”) an employer has an obligation to provide a reasonable accommodation for an employee’s association with a disabled individual. (Castro-Ramirez v. Dependable Highway Express, Inc. (2016) 246 Cal.App.4th 180.)  To date, no other court has decided that […] more

  7. 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

  8. 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

  9. 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

  10. 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