Gary Messing will be inducted as a Fellow into The College of Labor and Employment Lawyers this November at the 19th Annual Induction Dinner, a red carpet affair in Los Angeles, held in conjunction with the ABA’s 8th Annual Labor and Employment Law Conference. The primary purpose of the College is recognition of individuals, sharing... continue reading

Proponents of a referendum will not appeal a ruling that invalidated a pension-cutting ballot measure. Last week, the measure was invalidated by Judge Kent Kellegrew. An appeal was widely expected, including by the court, which had stayed its decision long enough to allow an appellate court to rule prior to the printing deadline for November... continue reading

On August 4, 2014, the Ventura County Superior Court ordered the County to remove an initiative from the ballot that would have phased out the County’s defined benefits pension plan and replaced it with a 401(k). A second question on the measure, if approved, would have set a cap on retirement benefits. The court invalidated... continue reading

CalPERS annuitants who work while in retirement prevailed this week in a lawsuit concerning their hourly rate of pay. The annuitants, retired deputies who work as courtroom deputies and courthouse security, filed an unlawful pay suit late last year against Santa Clara County and its Sheriff’s Office pursuant to the law governing CalPERS pensions. A... continue reading

The United States Supreme Court continued its assault on fair share fees (also known as agency fees) last week in an opinion issued in Harris v. Quinn. The good news is that the majority did not find fair share fees unconstitutional, as many had feared it would. Carroll Burdick had filed an amici brief with... continue reading

In Selma Firefighters Association, IAFF, Local 3716 v. City of Selma (2014) PERB Decision No. 2380-M, the Board held that economic exigencies and an impending budget deadline did not justify the City of Selma declaring a bargaining impasse and imposing its alleged last, best, and final offer (“LBFO”). The Board explained “it has long been... continue reading

The United States Supreme Court avoided striking down fair share fees as unconstitutional when it issued its ruling today in a federal class action, Harris v. Quinn. In this case, Carroll Burdick filed with the Supreme Court an amici brief on behalf of a national coalition of public safety employees’ unions, urging the court to... continue reading

Earlier this week, PERB upheld a retaliation claim made by four employees, all nurses, whose employer, the Rocklin School District, laid them off subsequent to telling them that they were “increasingly being seen as adversarial” as the result of their involvement with their Union. Like other labor-relations statutes (including the MMBA), the Educational Employment Relations... continue reading

In the maze of leave laws, such as the Americans with Disability Act (“ADA”), the Family Medical Leave Act (“FMLA”), and their California counterparts, it is often difficult to sort out what information an employee must provide to their employer when requesting sick leave. This confusion is magnified when employers pressure employees to advise them... continue reading

In the depths of the economic recession, one concept that seemed pretty much buried was that of the Deferred Retirement Option Plan—a plan that typically allows police officers or firefighters to begin drawing their pension payments while continuing to work and draw a salary. But in January, the Los Angeles City Council began exploring the... continue reading