Anyone involved with internal investigations has heard the familiar refrain that the investigation is confidential and that they are forbidden to discuss it with anyone. Often, employers go so far as to forbid employees under investigation from contacting anyone connected to the investigation while it is ongoing. Recent case law from the Public Employment Relations... continue reading

Thursday morning, the California Supreme Court unanimously ruled that on-call hours spent at an employee’s worksite under the employer’s control are compensable. The case, Mendiola v. CPS Security Solutions, Inc., concerned security guards and their sleep time. The security guards were required by agreement to reside in trailers owned by the employer. But the employer... continue reading

On December 9, 2014, in Integrity Staffing Solutions v. Busk, a unanimous United States Supreme Court ruled that employees are not entitled to be compensated for time spent undergoing security checks before leaving an employer’s facilities. The case turned on an interpretation of the federal Fair Labor Standards Act (“the FLSA”), and specifically the Portal-to-Portal... continue reading

The California Court of Appeal  recently issued a decision that has been certified for publication,  which discusses the right to an administrative appeal of a “transfer for purposes of punishment” under the Public Safety Officers’ Procedural Bill of Rights Act (“POBR”). The case is L.A. Police Protective League v. City of Los Angeles (CA 2/4... continue reading

In a significant departure from prior law, the California Supreme Court has ruled that peace officers may have access to personnel records in disciplinary hearings via a Pitchess motion. The decision in Riverside County Sheriff’s Department v. Stiglitz will allow Deputy Kristy Drinkwater to obtain discovery that may support her disparate treatment argument, in which... continue reading

The Third District Court of Appeal recently struck down CDCR’s common practice of serving disciplinary notices by mail as violating the Public Safety Officers Procedural Bill of Rights Act (“POBR”). In Earl v. State Personnel Board, 2014 DJDAR 15208 (November 13, 2014), a CDCR parole agent was served a “Letter of Intent” by certified mail,... continue reading

We reported a couple of weeks ago about a tentative ruling issued by a federal bankruptcy judge regarding the City of Stockton bankruptcy plan. At that time, the media reported that the judge found that the City could cut its pension obligations to CalPERS in order to pay greater sums to Wall Street creditors or... continue reading

The Public Employee Relations Board (“PERB”) recently issued a decision in Service Employees International Union, Local 521 v. County of Fresno, PERB Decision No. 2352-M, clarifying that a request to withdraw an unfair practice charge after a proposed decision is issued will be granted but only with prejudice. In that case, SEIU sought to withdraw... continue reading

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

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