Return to Mobile Site

May 19, 2017

Supreme Court Lets Flores Ruling Stand, Requiring Some Employers to Include Cash In Lieu of Benefits in Calculating Overtime Pay

On May 15, 2017, the U.S. Supreme Court denied the City of San Gabriel’s ("City") petition for review of the Ninth Circuit Court of Appeals’ decision in Flores v. City of San Gabriel, 824 F.3d 890 (9th Cir. 2016). In Flores, the Ninth Circuit held that an employer must include cash payments made in lieu of benefits when calculating an employee’s overtime pay under the FLSA. While Flores is now controlling law within the Ninth Circuit, the case leaves open as many questions as it answers.

more

May 18, 2017

The “Discovery Rule” Applies to Time-Bar Parent Claims Under the IDEA

On March 30, 2017, the Ninth Circuit Court of Appeals issued a decision in Avila v. Spokane School District 81, 852 F.3d 936 (2017) and applied the "discovery rule" to the two-year statute of limitations for claims brought under the Individuals with Disabilities Education Act ("IDEA").

more

May 4, 2017

The Impact of SB54 on the Construction Industry

SB54—the 2014 law requiring oil refiners to pay contractors "prevailing wages"—continues to impact the construction industry. The impact will accelerate due to the court decision in December 2016 upholding the validity of the statute and the imminent expiration of the Red Circle contracts.

more

May 4, 2017

Another Court of Appeal Affirms that Lease-Leaseback Contracts are Exempt from the Competitive Bidding Processes and Rejects Requirements for a "Genuine Lease" and "Contractor Financing"

In the most recent case challenging the validity of lease-leaseback agreements, the First District Court of Appeal (San Francisco) agreed with the Fourth District Court of Appeal (Santa Ana) and the Second District Court of Appeal (Los Angeles) rulings that the lease-leaseback procedures are exempt from the competitive bidding requirements and that the plain language of the statute does not require a "genuine lease" and "contractor financing."

more

May 4, 2017

Do You Really Understand Travel Pay and the Implications on Company Operations?

There are four well-known sets of questions under which employee travel may be analyzed:

more

April 25, 2017

Cities and Special Districts’ Election Consolidation Plans Must Be Adopted by January 1, 2018

An important deadline is approaching for certain cities and special districts that hold off-cycle elections. Under the new California Voter Participation Rights Act ("Act"), political subdivisions that hold elections on a date other than a statewide election date and have experienced a significant decrease in voter turnout must adopt a plan by January 1, 2018 to consolidate their future elections with a statewide election not later than the November 8, 2022 statewide general election.

more

April 21, 2017

Appellate Court Rules that Charter City Does Not Need to Bargain Before Placing Citizen-Proposed Initiative on the Ballot

On April 11, 2017, the California Court of Appeal held that while a charter city must satisfy the meet and confer obligations arising from governing-body-sponsored charter amendment ballot proposals, it did not have the same bargaining requirement for citizen-proponent-proposed charter amendments. The court annulled the ruling of the Public Employment Relations Board ("PERB") and held that the City of San Diego ("City") was not required to meet and confer over a citizen-proposed charter amendment before placing the initiative on the ballot. (City of San Diego v. Public Employment Relations Board (April 11, 2017, D069630) _ Cal.App.5th _, 2017 WL 1326317.)

more

April 20, 2017

Cities and Special Districts’ Election Consolidation Plans Must Be Adopted by January 1, 2018

An important deadline is approaching for certain cities and special districts that hold off-cycle elections. Under the new California Voter Participation Rights Act ("Act"), political subdivisions that hold elections on a date other than a statewide election date and have experienced a significant decrease in voter turnout must adopt a plan by January 1, 2018 to consolidate their future elections with a statewide election not later than the November 8, 2022 statewide general election.

more

Search Publications By:

Search