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Labor Beat Alerts

To Send or Not to Send: Personal Accounts May Succumb to the CPRA

   Published on:  03 Mar, 2017

The California Supreme Court, in yesterday’s ruling in City of San Jose et al. v. Superior Court of Santa Clara County, held that communication about public business on a personal account may be subject to the disclosure requirements under the California Public Records Act (“CPRA”).  Any public employee’s personal records can become the target of … continue reading

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REVIEW GRANTED in Marin Pension Case (MAPE v. MCERA)

   Published on:  22 Nov, 2016

This afternoon, the California Supreme Court agreed to review the controversial Court of Appeal decision in  Marin Association of Public Employees et al. v. Marin County Employees’ Retirement Association et al.  The Supreme Court granted review, but deferred any action on the case until three similar coordinated appeals involving challenges to the California Public Employees’ … continue reading

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Petition for Review Now Fully Briefed Before the California Supreme Court in MAPE v. MCERA

   Published on:  26 Oct, 2016

As readers will recall from prior blogs, the recent decision of the First District Court of Appeal in Marin Association of Public Employees, et al. v. Marin County Employees’ Retirement Association, et al., California Court of Appeal, First Appellate District, Case No. A139610, threatens the very foundations of the California Rule, which steadfastly protects public … continue reading

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Marin County Pension Case: Up to Supreme Court Now

   Published on:  27 Sep, 2016

We alerted our blog followers to the recent decision in Marin Association of Public Employees v. Marin County Employees Retirement Association by the First District Court of Appeal in San Francisco.  The decision is a frontal attack on the vested rights doctrine. Here is briefly what happened leading up to and in this case: In 1997, … continue reading

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Frontal Assault on the Vested Pension Rights Doctrine

   Published on:  25 Aug, 2016

Last week, the First District Court of Appeal in San Francisco issued a highly controversial decision in Marin Association of Public Employees v. Marin County Employees’ Retirement Association. The Court ruled that an employer may reduce pension benefits, before retirement, so long as the pension benefit remains “reasonable.” The Court offers no guidelines for what … continue reading

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Supreme Court’s Ruling in Friedrichs Stands and Fair Share Fees Survive – For Now

   Published on:  28 Jun, 2016

On Tuesday, June 28, 2016, the U.S. Supreme Court denied a petition for rehearing filed by the California Teachers Association, as we predicted. Petitioner filed its April 8, 2016 petition shortly after the Court’s one-page opinion per curiam that affirmed the lower court’s judgment by an equally divided Court. The Supreme Court rescheduled consideration of … continue reading

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Cash Payments in Lieu of Medical Premiums Must be Included in Overtime Rate for FLSA Purposes

   Published on:  06 Jun, 2016

Yesterday, the 9th Circuit Court of Appeals issued a significant ruling in Flores v. City of San Gabriel.  Determining what it described as both an “issue of first impression” and a “close call,” the Court concluded that when an employer gives cash payments to police officers who waive medical coverage, those payments must be INCLUDED … continue reading

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Gary Messing & Jason Jasmine Train California Labor and Employment Lawyers

   Published on:  03 May, 2016

On April 22, 2016, the Labor and Employment Section of the State Bar of California held its 33rd Annual Labor & Employment Law Meeting and Seminars in Berkeley. Gary Messing was selected to present a seminar on “The Nuts and Bolts of Bargaining in the Public Sector” to a class of experienced management and labor … continue reading

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Duty of Fair Representation is Violated When Certain Changes are Negotiated Without Members Being Noticed

   Published on:  11 Apr, 2016

PERB issued a notable decision in United Teachers of Los Angeles (Rains, et al.) (2016), PERB Decision No. 2475-E, on February 29, 2016. The 112-page decision dealt with a variety of procedural issues, which we will not address here. We address the part of the decision regarding whether the duty of fair representation (DFR) was … continue reading

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AB 646 Factfinding Procedures Apply to All Negotiations, Not Just “Main Table” Negotiations

   Published on:  01 Apr, 2016

Readers will be aware that in 2011 the Legislature passed AB 646 which, after it was signed by the Governor, made post-impasse factfinding part of the Meyers-Milias-Brown Act (MMBA)—if the union requests it. Factfinding had previously only been part of the Educational Employment Relations Act (EERA) and Higher Education Employer-Employee Relations Act (HEERA). Under AB … continue reading

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