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July 27, 2016

California Employers Should Start Planning for Upcoming Minimum Wage and Minimum Salary Increases

Earlier this year, Governor Jerry Brown signed into law Senate Bill 3, raising California’s minimum wage to $15.00 per hour by 2022 ("SB 3"). Increases to the minimum wage begin January 1, 2017, when the minimum wage will rise to $10.50 per hour with increases scheduled through 2022.

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July 26, 2016

Dashboard Video of Arrest Is Not a Police Personnel Record

On July 19, 2016, the California Court of Appeal held that a video recording made by a patrol car’s dashboard camera is not a peace officer’s personnel record, and thus is not protected from disclosure by so-called Pitchess statutes. (City of Eureka v. Superior Court of Humboldt County (July 19, 2016) 2016 WL 3944576.)

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July 26, 2016

Dashboard Video of Arrest Is Not a Police Personnel Record

On July 19, 2016, the California Court of Appeal held that a video recording made by a patrol car’s dashboard camera is not a peace officer’s or custodial officer’s personnel record, and thus is not protected from disclosure by so-called Pitchess statutes. (City of Eureka v. Superior Court of Humboldt County (July 19, 2016) 2016 WL 3944576.)

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July 21, 2016

Prop 65 Warnings: More BPA Regulations, More Headaches

Any entity that manufactures, produces, packages, imports, distributes or sells items containing bisphenol A ("BPA") in California may have to provide a Proposition 65 warning. On May 11, 2015, the California Office of Environmental Health Hazard Assessment ("OEHHA") added BPA to Proposition 65’s list of chemicals because of its potential reproductive toxicity. This BPA listing applies to all industrial and consumer products in California regardless of their manufacture date.

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July 14, 2016

California Court of Appeal Rules That Investigator’s Report Is Protected from Discovery

In City of Petaluma v. Superior Court of Sonoma County (Cal. App. 1st Dist. June 8, 2016, No. A145437), a public employer hired outside counsel to conduct an investigation in anticipation of a lawsuit for discrimination and retaliation. The investigator was directed not to provide legal advice. In the subsequent lawsuit, the California Court of Appeal held that attorney-client privilege and the attorney work product doctrine protected the investigator’s report from discovery. Though the investigator did not give the employer legal advice, the legal service she provided was, by itself, sufficient to support a protected attorney-client relationship.

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July 6, 2016

Successor Corporations May Be Found Liable for Predecessor’s Unfunded Pension Liability Under Ninth Circuit’s Broad Successory Liability Test

The Ninth Circuit Court of Appeals recently issued an important decision regarding unfunded pension liability. Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., 801 F.3d 1079 (9th Cir., 2015).

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June 30, 2016

United States Supreme Court Holds Race-Conscious Admissions Program at the University of Texas Constitutional Under the Equal Protection Clause

Can colleges and universities consider race in their admissions process without violating the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution? On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin, et al., 579 U.S. (2016) in which it considered this very question regarding the admissions program of the University of Texas at Austin ("UT"). With Justice Anthony Kennedy writing for the majority in a 4-3 decision, the Court upheld UT’s race-conscious admissions program. The Court’s analysis in this case proves instructive for other postsecondary institutions navigating the use of race in admissions programs.

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June 28, 2016

Court of Appeal Broadly Applies Appeal Rights Under Firefighters Procedural Bill of Rights Act

In Seibert v. City of San Jose, No. H040268, 2016 WL 3085205 (__Cal. App.4th__ May 31, 2016), the California Court of Appeal determined:

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