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SB 231: A Watershed Moment?

October 31, 2017 -- Client Alert

On October 6, 2017, the Governor signed SB 231, which clarifies that the definition of “sewer” includes both sanitary sewers and storm sewers. Senator Hertzberg, the bill’s author, and the California Coastkeeper Alliance have called SB 231’s passage a “watershed moment” because SB 231 can make it easier for local agencies to finance projects which collect storm water and treat it for recycling or recharge.

However, at this time, agencies should not rely on SB 231 to pass separate fees or charges solely for storm sewer system operation, maintenance and capital costs.  This client alert explains why and provides context for SB 231.

California Court of Appeal Reaffirms Immunity for Police Pursuits

September 14, 2017 -- Client Alert

On August 23, 2017, the California Court of Appeal for the Second District addressed the requirements for a public agency employing peace officers to be entitled to immunity from liability under Vehicle Code Sec. 17004.7 for the conduct of officers during vehicle pursuits.  In Ramirez v. City of Gardena, the Court held in part that an agency’s pursuit policy may meet the standards of Sec. 17004.7 if it “provide[s] guidance to officers concerning factors to consider, even if [it] also leaves room for the exercise of individual discretion . . . .”

New Employer Notice to Employees Requirement for Domestic Violence, Sexual Assault, and Stalking Time Off

September 6, 2017 -- Client Alert

On September 14, 2016, the Governor signed AB 2337 into law.  While AB 2337 became effective on January 1, 2017, the new law did not require employers to comply with its notice requirements until the Labor Commissioner developed and posted a model notice on the Department of Industrial Relations’ website.  Employers could then use the model notice to inform their employees of their rights under Section 230.1.  The Labor Commissioner’s Office posted the model notice in May 2017.  This client alert provides an update on the amended law and the new notice requirement placed on supervisors.

DOL Changes CPI Index for LA-RIV-OC in 2018 with New Geographic Areas

August 22, 2017 -- Client Alert

Riverside to Become its Own Index

In 2018, the Department of Labor (“DOL”) will introduce a revised geographic area sample for the Consumer Price Index (“CPI”).[i]  Among the changes, Riverside, CA, will become its own index.  Thus, the current Los Angeles-Riverside-Orange County statistical area will split into two separate statistical areas: the Los Angeles-Long Beach-Anaheim area and the new Riverside-San Bernardino-Ontario area.  Any employers negotiating agreements with CPI increases or having existing agreements that carry into 2018 and beyond should note this change and plan for the geographic area sample changes starting on January 1, 2018.

Diploma Mills: How to Prevent Employees from Buying Questionable Degrees

August 1, 2017 -- Client Alert

Many public agency employers provide education incentives such as education pay and tuition reimbursement in their collective bargaining agreements with their employee organizations to promote employee pursuit of higher education.  As a result, there have been a growing number of employees obtaining degrees from a variety of different types of educational institutions and in a myriad of ways, ranging from the traditional in-person instruction to online classes to credit for “life experience.” What used to take 2 or 4 years to obtain a postsecondary school education can sometimes be achieved in a matter of months from questionable educational institutions, leading to issues of educational legitimacy and educational value.

Executive Order Issued on "Waters of the United States"

April 19, 2017 -- Client Alert

On February 28, 2017, President Trump signed Executive Order, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule."  The Executive Order requires that the United States Environmental Protection Agency and the Army Corps of Engineers publish for notice and comment a proposed rule rescinding or revising the “Clean Water Rule: Definition of ‘Waters of the United States,’” (the “WOTUS Rule”).

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