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News & Recent Developments

Is Your Employer Calculating Your Overtime Pay Correctly?

   Published on:  01 May, 2014

In the past year, we have had an increase in questions about whether our clients’ employers are calculating overtime correctly. Here is a general overview of the FLSA and its application to you: The FLSA requires payment of 1.5 times the “regular rate of pay” for all overtime hours worked. For miscellaneous employees, overtime is … continue reading

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Don’t Assume Your Employer Has a Right to Inspect Your Phone

   Published on:  24 Apr, 2014

A public sector labor client approached us recently when a member was ordered by his department to surrender his mobile phone for inspection of text messages.  This was his personal mobile phone, not a department-issued device, so our client wondered whether the employee had any kind of protection from such an intrusion into his private … continue reading

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Sacramento Lawyer: SCBA Mentorship Task Force Holds Its Second Successful Event

   Published on:  22 Apr, 2014

Sacramento Lawyer magazine just published an article regarding PSEC partner Jason Jasmine’s efforts as the Chair of the SCBA Mentorship Task Force. The article, entitled “SCBA Mentorship Task Force Holds Its Second Successful Event,” appeared in the May/June 2014 issue of Sacramento Lawyer.

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California Extends the Definition of “Family Member” Under the Paid Family Leave Law

   Published on:  14 Apr, 2014

Recognizing the proliferation of multi-generation families, the Legislature recently enacted Senate Bill 770 to expand the definition of “family member” under California’s Paid Family Leave law (“PFL”). PFL is a part of the State Disability Insurance (“SDI”) program and provides up to six weeks of partial wage reimbursement to workers who must take time off … continue reading

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PERB Confirms That Only a Labor Association, Not an Individual Member, May Challenge an Employer’s Unilateral Action

   Published on:  01 Apr, 2014

In Edwards v. Lake Elsinore Unified School District (2014) PERB Decision No. 2353, the California Public Employment Relations Board (“the Board”) confirmed that only an employee labor association, and not an individual public employee, may pursue an unfair labor practice charge asserting that an employer has taken unilateral action in violation of its duty to … continue reading

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PERB Holds That Labor Association Must Make Financial Records Available to Member Upon Request at Any Time

   Published on:  31 Mar, 2014

In California School Employees Association & Its Chapter 47 (“CSEA”) (2014) PERB Decision No. 2355, the California Public Employment Relations Board (“the Board”) recently ruled that a labor association governed by the Educational Employment Relations Act (“EERA”) must produce financial records for inspection within a reasonable time following a request by a member. As explained … continue reading

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Officials Not Required to Disclose Personal Texts and Emails Because They Are Not “Records” Under the CPRA

   Published on:  28 Mar, 2014

A Court of Appeal determined yesterday that the California Public Records Act (“CPRA”) does not require public access to communications among public officials using private cell phones or personal e-mail accounts. In City of San Jose v. The Superior Court of Santa Clara County (Smith, Real Party in Interest), the court reversed the trial court’s … continue reading

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San Jose Mayor Chuck Reed Loses Lawsuit on Statewide Pension Reform Ballot Measure

   Published on:  14 Mar, 2014

San Jose Mayor Chuck Reed’s 2014 statewide pension reform initiative suffered what seems to be a fatal blow for this year. This afternoon, a Sacramento County trial court rejected a lawsuit challenging the wording that the Attorney General, Kamala Harris, used in the state’s required, official summary of the measure. Reed and four other California … continue reading

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Supreme Court Holds Union Can Bargain Away Right to Compensation for “Changing Clothes”

   Published on:  28 Jan, 2014

For much of the last decade, “donning and doffing” lawsuits have been brought around the country with varying degrees of success. Very generally, “donning and doffing” refers to the putting on and taking off of clothes, equipment and protective gear that employees in certain industries are required to wear during their workday. Questions arise concerning … continue reading

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Court Strikes City’s Attempt to Increase Employee Pension Contributions and Decrease Retirement Benefits, as Violating the “Vested Rights Doctrine”

   Published on:  23 Dec, 2013

A Santa Clara County Superior Court judge has declared unconstitutional the City of San Jose’s attempt to increase employee pension contributions and reduce retirement benefits because this would unconstitutionally impair employees’ contractual rights under the “vested rights doctrine.” Judge Patricia M. Lucas’s tentative decision, if made final, would invalidate the key components of “Measure B,” … continue reading

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