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New laws restricting use of force by police were passed by Governor Newsom this year in response to the public outcry spurred by the events which took place in Minneapolis, Minnesota, and the ultimate death of George Floyd. Protests took place in every state across the nation decrying police brutality. While every state was forced to examine these issues, no...
AB 685 – COVID-19 Employer Notice and Reporting Requirements: Signed into law on September 17, 2020, Governor Gavin Newsom set forth standards that employers must follow to provide notice to employees and report information related to COVID-19 exposures to local public health agencies. AB 685 specifically requires employers to provide the following four notices related to potential COVID-19 exposures in the...
A new California law has created additional requirements for employers that have workers (including volunteers) under the age of 18. AB 1963 amends the Child Abuse and Neglect Reporting Act to add to the list of mandatory reporters a human resources employee and frontline supervisor of an agency with five or more workers and that employs minors.This means that if an...
In the world of public employment and the labor negotiations, the memorandum of understanding (MOU) between the employer and bargaining unit is a valued and protected document. Indeed, many MOUs contain a “zipper” clause. This prevents either the employer or employee group from attempts to reopen the agreement during its term. The point, is that both sides want finality and...
Every now and then, a public agency will make a mistake in the handling of a personnel matter. The following is a cautionary tale with a twist.The City/County of San Francisco terminated a police officer. The California Court of Appeal subsequently concluded that the officer’s discharge was wrongful. As a result of the holding, the Court ordered that the discharge...
The FMLA, at Section 102 (a) (1) (C) [Act], establishes that eligibility for leave under the Act must meet certain criteria. One criterion is to care for a seriously ill family member who is a “spouse, or a son, daughter, or parent…” of the employee. In other words, the person being cared for must have a biological or legal relationship...
