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January 26, 2018

Federal Court Requires Federal Government to Maintain DACA Program Nationwide with Certain Exceptions

On January 9, 2018, Judge William Alsup of the United States District Court for the Northern District of California issued a preliminary injunction requiring the Department of Homeland Security (DHS) to maintain the Deferred Action for Childhood Arrivals (DACA) program on a nationwide basis on the same terms and conditions as were in effect before the program was rescinded on September 5, 2017, with certain important exceptions discussed below. Under the court’s order, DACA enrollees/recipients are allowed to renew their enrollments; the order also applies to individuals whose DACA status has already expired. The court’s order does not require DHS to accept first-time DACA applicants.

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January 23, 2018

State Allocation Board Considering Increase to Level 1 School Fees

On January 24, 2018, the State Allocation Board ("SAB") will consider the approval of an increase in the assessment of statutory school facilities fees (Level I School Fees) levied by school districts. The proposed new rates are as a follows: $3.79 per square foot for residential developments and $0.61 per square foot for commercial/industrial developments. These new rates are based on the increase in the Class B construction cost index during the two-year period from January 2016 to January 2018. During this time period, the index increased by 8.78 percent, resulting in a $0.31 increase for residential developments and $0.05 increase for commercial/industrial developments.

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January 19, 2018

Federal Court Requires Federal Government to Maintain DACA Program Nationwide with Certain Exceptions

On January 9, 2018, Judge William Alsup of the United States District Court for the Northern District of California issued a preliminary injunction requiring the Department of Homeland Security (DHS) to maintain the Deferred Action for Childhood Arrivals (DACA) program on a nationwide basis on the same terms and conditions as were in effect before the program was rescinded on September 5, 2017, with certain important exceptions discussed below. Under the court’s order, DACA enrollees/recipients are allowed to renew their enrollments; the order also applies to individuals whose DACA status has already expired. The court’s order does not require DHS to accept first-time DACA applicants.

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January 18, 2018

New Legislation Limits Out-of-class Assignments for CalPERS Members

Effective January 1, 2018, Assembly Bill 1487 added section 20480 to the California Government Code, which limits "out-of-class" appointments by PERS contracting agencies to 960 hours per fiscal year, and imposes a penalty for work in excess of this limit.

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January 17, 2018

Clashing Appellate Court Decisions on Public Pension Reductions Set up Supreme Court Showdown

On January 8th, the California Court of Appeal for the First Appellate District, Division Four, issued a decision in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn., concerning the vesting of public pension rights. In Alameda County, the Court of Appeal specifically considered whether active employees who were employed prior to the January 1, 2013 effective date of the Public Employee Pension Reform Act of 2013 (PEPRA), commonly referred to as "legacy" or "classic" members, have a vested right to pensions calculated according to the law in effect before PEPRA was enacted.

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January 17, 2018

Legislation Limits Out-of-class Assignments for CalPERS Members

Effective January 1, 2018, Assembly Bill 1487 added section 20480 to the California Government Code, which limits "out-of-class" appointments by PERS contracting agencies or school employers to 960 hours per fiscal year, and imposes a penalty for work in excess of this limit.

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January 9, 2018

Three-year Statute of Limitations Applies to CalSTRS Overpayment Recoupment

In two recent cases, California Courts of Appeal clarified the statute of limitations period that applies to CalSTRS’s recoupment of overpayments to retirees, and identified a triggering event that commences the limitations period. (Baxter v. California State Teachers’ Retirement System (Dec. 12, 2017) 2017 WL 6329714; Yuba City Unified School District v. California State Teachers’ Retirement System (Dec. 18, 2017) 2017 WL 6421385.) Specifically, a three-year statute of limitations period applies to the recoupment of pension overpayments under Education Code section 22008, and that period begins to run when CalSTRS has actual or inquiry notice of the overpayment.

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December 15, 2017

A “Hot” Topic: Public Employers’ Obligations to Employees During a Natural Disaster

Record-breaking temperatures, high winds, and other factors have caused a frenetic wildfire season in California that has uncharacteristically extended into December. The Thomas Fire in Ventura and Santa Barbara counties is now the fourth largest fire in California’s history, destroying over 1,000 structures, many of them businesses. More than 90,000 residents have been subjected to mandatory evacuations, leaving many of them displaced and unable to work. Los Angeles County, San Diego County, Sonoma County, and many others have been hit by devastating fires in the last few months. In this environment, it is important for employers to understand their legal obligations to employees when natural disasters strike.

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