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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.

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.

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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."

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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:

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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.

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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.)

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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.

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April 3, 2017

U.S. Supreme Court Clarifies the Standard of a Free Appropriate Public Education Under the Individuals with Disabilities Education Act

In Endrew F. v. Douglas County School District, 580 U.S. __ (2017), the U.S. Supreme Court recently delivered a unanimous decision on a special education case regarding the legal standard for determining what level of educational benefit is required under the Individuals with Disabilities Education Act ("IDEA"). Although the Court was not explicitly clear on what would constitute a universal standard for a free appropriate public education ("FAPE"), it clarified that a school district must offer an individualized education program ("IEP") that is reasonably calculated to enable a child to make progress that is appropriate in light of the child’s own circumstances.

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April 3, 2017

District Court Upholds Cost Limitations Pertaining to Publicly Funded Independent Educational Evaluations (IEE)

Recently, a federal district court issued an opinion in Abarca v. Goleta Union School District, __ F. __ (C.D. Cal. 2017), affirming a 2013 Office of Administrative Hearings ("OAH") decision regarding a district’s refusal to fund an independent educational evaluation ("IEE") requested by a parent based on a Santa Barbara County’s Special Education Local Plan Area ("SELPA") IEE policy that contained cost containment criteria. The court held that the administrative law judge ("ALJ") did not err in determining that the applicable SELPA IEE policy cost ceiling was reasonable and that the parent failed to establish "unique circumstances" to warrant exceeding the cost cap.

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