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Five Key Points About the Stockton Bankruptcy Ruling and How It Might Affect Your Pension

Many labor representatives will have heard or read media reports about the “ruling” by a federal bankruptcy judge about the City of Stockton bankruptcy plan. In particular, media reports have focused on the idea that the “ruling” permits the City to cut its pension obligations to CalPERS in order to pay greater sums to Wall Street... continue reading

MAJ Attorneys Win Top Honors

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

No Appeal of Court Order Invalidating Ventura County Ballot Pension-Cutting Measure

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

Pension-Cutting Measure Removed from November Ballot

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

County Employer Violated The California Public Employees Retirement Law When It Provided Lower Range of Pay for Retired Annuitants Doing Work Comparable to that of Regular Employees

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 Supreme Court Continues its Assault on Fair Share Fees

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

PERB Holds That Economic Exigencies and an Impending Budget Deadline Do Not Justify an Employer Declaring Impasse and Imposing Its Last, Best, and Final Offer

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

U.S. Supreme Court Leaves the Law of Fair Share Fees Intact

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

PERB Upholds Right to Engage in Protected Union Activities Where Employer Laid Off Workers It Saw As “Difficult” Based on Their Union Involvement

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

Employers Cannot Demand Employees Provide Specific Medical Information In Sick Leave Notes

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

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