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A Comeback for DROP Programs?

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

A Public Entity Must Disclose the Names of Police Officers Involved in On-Duty Shootings Absent Specific Threats to the Officers

Today, the California Supreme Court issued a troubling, but expected, decision in Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times, Real Party in Interest), Case No. S200872. The ruling requires public entities, upon request, to disclose the names of police officers involved in officer-involved shootings absent a showing that disclosing... continue reading

Firefighters Suffer Higher Rates of Some Forms of Cancer

According to a recent study conducted by the National Institute of Occupational Safety and Health, firefighters suffer higher rates of cancer than the general population. Cancers of the respiratory, digestive, and urinary systems account for much of the increased rates, with a small to moderate increase in such malignancies. And rates of mesothelioma, an extremely rare cancer... continue reading

Public Employees Suspended Without Pay Are Entitled to Burn Compensatory Time Off to Support Themselves and Their Families

A labor association client recently approached us because members were placed on unpaid suspension and were denied the ability to cash out accrued compensatory time off (“CTO”) credits. Our client wondered whether the employer had the authority to deny employees the right to burn CTO to support themselves and their families financially. Obviously the answer... continue reading

Don’t Read Too Much Into the California Supreme Court’s Decision Not to Review Dailey v. San Diego Regarding Vesting of Retiree Healthcare Benefits

The anti-pension scribes are already overreaching on the implications of the California Supreme Court's failure to grant review of the appellate court decision in Dailey v. City of San Diego (2013) 223 Cal.App.4th 237. But the reality is there is not much to it. The California Supreme Court only accepts review of about 3-5% of... continue reading

Is Your Employer Calculating Your Overtime Pay Correctly?

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

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

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

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

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

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

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

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

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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