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Coronavirus -- Recommended Protective Measures for Public Employees

On behalf of our public employee clients, we are actively monitoring developments relating to the spread of Coronavirus disease 2019 (COVID-19). One of a labor union's primary responsibilities is to protect its members and ensure that they have the best and safest working conditions - especially when a pandemic threatens. Northern California has become an... continue reading

Hunters Point Toxic Exposure Lawsuit Filed on Behalf of 400+ Current and Former SFPD Employees

MAJ, working with prominent plaintiffs’ personal injury law firm Walkup, Melodia, Kelly & Schoenberger, recently filed a massive lawsuit in federal court against environmental consulting and engineering firm Tetra Tech and several of its subsidiaries. We represent hundreds of current and former San Francisco Police Department employees who worked in, near or around Building 606... continue reading

Public Safety Wins Public Records Act Fight to Prevent Disclosure of Retirement Status for CalPERS Pensions

A consortium of public safety unions (Cal Fire Local 2881, California Correctional Peace Officers' Association, California Professional Firefighters, and California Association of Highway Patrolmen) joined with CalPERS to fight a writ petition filed by Transparent California to force disclosure, under the California Public Records Act, of CalPERS retirees' pension designations as "service," "disability," or "industrial... continue reading

Gary Messing and Jason Jasmine Honored as Among Sacramento's Best Lawyers

Messing Adam & Jasmine is proud to announce that partners Gary Messing and Jason Jasmine were selected "Best of the Bar" for 2019 by their peers and the Sacramento Business Journal. Gary and Jason were two of only a small handful of public sector Labor & Employment attorneys selected for the Business Journal honor. This... continue reading

Air Time is Not a Constitutionally Protected Pension Benefit

Today, the California Supreme Court issued its long-awaited decision in CAL FIRE, Local 2881 v. CalPERS. The decision is 48 pages in length and offers much for further analysis. The main takeaways, for now, however, are: • The Court ruled against Local 2881, finding that “the opportunity to purchase [additional retirement service credit] was not... continue reading

General Right to "Be Free From Excessive Force" Not Specific Enough to Defeat Qualified Immunity

The United States Supreme Court issued a per curiam opinion on January 7, 2019, in City of Escondido v. Emmons, reiterating that denial of qualified immunity to a police officer in an excessive force case must be based on violation of a clearly established right that is defined with specificity. It is well-established that qualified... continue reading

Pension Case Oral Argument This Wednesday (Watch Live)

This Wednesday, December 5, at 9:00 a.m., the California Supreme Court will hear oral argument in CAL FIRE Local 2881 v. CalPERS. You can watch a webcast of the argument live at 9:00 a.m. Link for the live webcast will appear approximately 30 minutes before oral argument begins. If you do not catch the argument... continue reading

Early Post-Janus Win for Labor

Earlier this week, a Reagan-appointed judge in the Western District of Washington struck a blow against Janus inspired litigation in favor of fairness and common sense. The judge ruled in Danielson v. AFSCME that the Janus v. AFSCME opinion, which overruled decades of precedent, should not be applied retroactively to make a union reimburse fair... continue reading

Court Grants Intervention in CalPERS Action

Thanksgiving came early for would-be intervenors in a writ proceeding brought by Transparent California against CalPERS, seeking disclosure of the type of retirement benefits (service or disability) received by CalPERS retirees.  Although CalPERS turned over much of the information requested under the CPRA, it refused to identify which of its benefits recipients receives disability retirement... continue reading

Governor Brown Appoints Josh Groban to Fill Vacant California Supreme Court Seat

Yesterday, Governor Jerry Brown appointed his Senior Advisor for Judicial Appointments, Josh Groban, to fill the vacant seat on the California Supreme Court, bringing the Court up to its full strength of seven justices. Nominee Groban must still be confirmed by a panel made up of the Chief Justice of the California Supreme Court Tani... continue reading

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