Client News

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.

AB 119 Union Access to Employee Orientation; Minor Revisions to Public Records Act

August 16, 2017 -- Client Alert

Assembly Bill (AB) 119 was signed by the Governor on June 27, 2017 as a budget bill and became effective July 1, 2017. This client alert explains what has changed with respect to union issues in light of this bill, as well as minor revisions made to the Public Records Act.

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.

Disclosure of Peace Officer Names on “Brady List” Requires Pitchess Motion

July 14, 2017 -- Client Alert

California Court of Appeal finds Brady policy disclosures violate Pitchess procedures.

New Law Imposes Potential Penalties for Contracts Subject to Prevailing Wages

July 12, 2017 -- Client Alert

Effective immediately, local government agencies may be forced to pay penalties for failing to comply with new requirements to ensure compliance with prevailing wage laws. These changes are part of SB 96, which was signed into law on June 27, 2017.

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”).

CA Court Orders Return of Cash and Cars to Criminal Defendants

March 22, 2017 -- Client Alert

Last week, the Court of Appeal for the Fifth District decided a number of consolidated cases in favor of criminal suspects and defendants who petitioned to have returned to them cash and vehicles, lawfully seized by law enforcement officers for narcotics related offenses.

Invoices for Legal Services and the California Public Records Act

January 11, 2017 -- Client Alert

On December 29, 2016, the Supreme Court of California issued its decision in Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), Case No. S226645. The Court held invoices for legal services transmitted to a governmental agency by outside counsel are not categorically exempt from disclosure under California Public Records Act (“PRA”). However, the contents of a legal invoice are privileged to the extent they either communicate information for the purpose of legal consultation or risk exposing information that was communicated for such a purpose. The latter category includes protecting, in their entirety, invoices that reflect work in active and ongoing litigation matters.

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