Return to Mobile Site

Alerts

We provide businesses and public agencies with quick updates on legal developments as they happen. These alerts are handy reference guides for staying abreast of current issues impacting your organization.

August 10, 2017

School Districts Should Consider Including Title IX Information in Their Back-To-School Packages

Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education institutions. The federal regulations related to Title IX, as well as California state law, include many "notice obligations" that require California school districts to provide specific and continuous notice regarding the protections provided by Title IX and the school district’s efforts to provide these protections. To meet many of these notice requirements, school districts should consider providing Title IX information with their "back to school" packages for both students and employees.

more

August 2, 2017

An Agency’s Disclosure Obligations Under Brady Still Require Compliance with Pitchess Procedures

On July 11, 2017, the California Court of Appeal’s unreported decision in Association for Los Angeles Deputy Sheriff’s v. Superior Court examined the interplay between the United States Supreme Court case of Brady v. Maryland and the California Supreme Court case of Pitchess v. Superior Court. The Court held that, in the absence of a granted Pitchess motion, the Los Angeles County Sheriff’s Department ("LASD") was prohibited from disclosing the identities of individual deputies compiled on an internal Brady list to the district attorney or other prosecutorial agencies, even when the deputies were also potential witnesses in a pending criminal prosecution.

more

August 2, 2017

School District of Choice Provisions Extended to 2023

The school district of choice provisions in Education Code sections 48300-48317 were scheduled to "sunset" (become inoperative) on July 1, 2017. On June 27, Governor Brown signed urgency legislation in the Education Trailer Bill (Statutes of 2017, chapter 15 (Assembly Bill 99)), which extends the provisions until July 1, 2023. The bill also revised many of the provisions.

more

July 12, 2017

The Ninth Circuit Court of Appeals Holds That Public Employers Need Not Have a Minimum of 20 Employees to Fall Within the ADEA’s Scope

On June 19, 2017, the Ninth Circuit Court of Appeals held in John Guido; Dennis Rankin v. Mount Lemmon Fire District, 859 F.3d 1168 (9th Cir. 2017), that political subdivisions of a State do not need to meet the twenty-employee minimum in order to fall under the Age Discrimination in Employment Act’s ("ADEA") scope. The Ninth Circuit decision is particularly significant because it contradicts four other circuit courts that declared that political subdivisions must have at least twenty employees to qualify as an "employer" under the ADEA.

more

July 12, 2017

New OCR Field Instructions Regarding Title IX Transgender Student Issues

In the ever-changing federal landscape under the Trump administration, the Office for Civil Rights released "Instructions to the Field re Complaints Involving Transgender Students" ("OCR Instructions") on June 6, 2017.

more

July 11, 2017

Appellate Court Affirms Discharge of Peace Officer for Improperly Accessing Confidential Records and Making False Statements to Investigators

There is an old saying when it comes to the impact of a police officer’s dishonesty on continued employment: "You lie, you die." In its unpublished decision in Dove v. City of Los Angeles (June 30, 2017) Case No. B275379, 2017 WL 2829394, the California Court of Appeal was called upon to address that adage when it reviewed the Los Angeles Police Department ("LAPD") Board of Rights’ ("Board") termination of a police officer for improper computer access and false statements. By affirming the trial court’s denial of the police officer’s petition for writ of administrative mandate, the court’s decision underscores the fact that a police officer’s dishonesty will often justify termination of employment.

more

July 11, 2017

California Court of Appeal Confirms that Under the Public Safety Officers Procedural Bill of Rights Act, Administrative Appeal Must Be Provided After Decision to Impose Discipline Is Implemented

On June 27, 2017, the California Court of Appeal published Morgado v. City and County of San Francisco, holding that under the Public Safety Officers Procedural Bill of Rights Act (POBRA), an officer is entitled to an administrative appeal once a decision to impose punitive action has been implemented.

more

July 5, 2017

Set Another Place at Employee Orientations … for the Union

On June 27, 2017, Governor Jerry Brown reassured public employee unions by signing Assembly Bill 119 into law, granting unions a greater right of access to new employees for recruitment purposes. Passage of AB 119 precedes the United States Supreme Court’s anticipated review of Janus v. AFSCME, which, with Republican-appointed Justice Gorsuch as the ninth member of the Court, could make mandatory public sector agency fees illegal and consequently weaken public sector unions.

more

Search Publications By:

Search