Good news: Unanimous panel of 3 PERB Board members finds that San Diego violated MMBA with 2012 ballot initiative that eliminated defined benefit pensions for new employees (except new cops), replacing them with 401k benefits. The Mayor refused to bargain by claiming he was presenting it as a private citizen, not as the Mayor. As... continue reading

Among the most closely watched cases on the 2015-2016 term of the United States Supreme Court docket this year will be Friedrichs v. California Teachers’ Association. This is a challenge by a group of California teachers to the principle that they are required to contribute financially to the labor union that represents them, bargains for... continue reading

In a somewhat surprising decision yesterday, the California Supreme Court unanimously held that the Firefighters Procedural Bill of Rights Act (Gov. Code section 3250 et seq.) does not necessarily give a firefighter the right to review and respond to negative comments in a supervisor’s daily log memorializing that supervisor’s thoughts and observations concerning an employee,... continue reading

1.     Attorney General Issued Title and Summary for Chuck Reed’s 2016 Initiative As required by law, Attorney General Kamala Harris issued the title as well as the summary of Chuck Reed’s 2016 Ballot Initiative. Recall that Reed wants to: eliminate defined benefit pensions for new employees, after January 1, 2019; potentially permit voters to reduce... continue reading

We apologize for sending this blog out twice.  Messing Adam & Jasmine is still working out a few kinks in its blog. If you have any questions about Messing Adam & Jasmine, please visit our website at majlabor.com or contact us at 415.266.1800 or janine@majlabor.com. * * * * * * Your pension rights are... 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 facility. The case turned on an interpretation of the federal Fair Labor Standards Act (“the FLSA”), and specifically the Portal-to-Portal... continue reading

Efforts to mandate and regulate the use of body-worn cameras and to establish a panel to independently review all deadly uses of force by law enforcement personnel in California are gaining some momentum, with the introduction of three independent bills in the State Assembly. While none has advanced to the point of having formal statutory... continue reading

On September 10, 2012, Governor Brown signed the Public Employees’ Pension Reform Act (“PEPRA”), which mandated certain limits to pension rates and contributions for new and existing employees. PEPRA altered the landscape for pensions for public sector employees and will continue to be the subject of litigation as the fight over vested pension rights continues.... continue reading

PERB recently affirmed a decision denying a petition to add a job classification to Fremont Unified District Teachers Association. The classification, Behavioral Intervention Specialists (“BIS” or “behavioral specialists”) complete special education assessments and plans for behavior management. Under the Educational Employment Relations Act (“EERA”), the bargaining unit can only be made up of teachers and... continue reading

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