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The Third District Court of Appeal recently issued an opinion that significantly limits the ability of governmental entities to challenge large scale public records requests. In Getz v. Superior Court, 72 Cal.App.5th 637 (2021), the Court noted the plain directive of Gov. Code § 54950 that “government business is the people’s business,” whether conducted in deliberative proceedings or records of...
With homelessness encampments encroaching upon public spaces, local governments are looking for creative ways to resolve this issue.In Martin v. Boise, the Ninth Circuit Court held that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” It did not establish a constitutional right to...
What is a “reasonable” leave period under the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA)? That is a question public employers face all too often, to their detriment. As an example, let’s review two cases which are the opposite faces of the same disability leave coin. In an ADA case, the employer paid out a...
On February 8, 2022, Governor Gavin Newsom signed Senate Bill 114 which once again authorizes supplemental paid sick leave for employees who work for organizations with more than 25 employees. Retroactive to January 1, 2022, a covered employee is now entitled to supplemental paid sick leave if the covered employee is unable to work or telework due to any of...
On January 13, 2022, in a 6-3 decision, the Supreme Court of the United States (“SCOTUS”), stayed the implementation of the Occupation Health and Safety Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) regarding COVID-19.As of January 10, 2022, employers with 100 or more employees are required to promulgate COVID-19 policies in the workplace, including requiring an employee to provide proof of...
