• Posts by Todd Robbins
    Posts by Todd Robbins
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    Todd Robbins represents public school districts in a wide array of education law matters. He regularly assists clients with collective bargaining, labor disputes, certificated and classified employee discipline, reductions in ...

Are You Ready for AB 2534? Our AB 2534 Toolkit Is Here to Help

Effective January 1, 2025, Assembly Bill (“AB”) 2534 amends Education Code section 44939.5 to require a former employer to release employment records pertaining to “egregious misconduct” of certificated employees when an applicant seeks a new position at a school district, county office of education, charter school, or state special school.  In its analysis of AB 2534, the Senate Committee on Education summarized the definition of “egregious misconduct” as: “immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified.”

Requirements for Applicants

Effective January 1, 2025, AB 2534 amends Education Code section 44939.5 to require an applicant for a certificated position at a school district, county office of education, charter school, or state school to provide their prospective employer with a complete list of every educational institution at which the employee has been employed.

Requirements for Hiring LEAs

Additionally, LEAs must inquire with each listed agency as to whether the applicant was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that required the LEA to report to the CTC.

Requirements for LEAs Receiving AB 2534 Inquiries

Notwithstanding any other law, LEAs are required to provide the inquiring agency with a copy of all relevant records in its possession regarding the reported egregious misconduct when responding to an inquiry.

Read more about the impact of AB 2534 here.

These new requirements during the certificated application and hiring process present new legal issues and an urgent need for LEAs incorporate new steps into the hiring process.  It also places new demands on Human Resources departments, which will both be making and responding to inquiries under AB 2534.

To that end, we have developed a comprehensive AB 2534 Toolkit to assist LEAs in complying with the new requirements during the certificated application and hiring process.  Your purchase of our AB 2534 Toolkit provides you with a template letter for sending to both in-state and out-of-state LEAs, a comprehensive Frequently Asked Questions document regarding the implementation of AB 2534, a 7-minute training AB 2534 training video for human resource staff, and a complimentary 30-minute advising session with one of our firm’s AB 2534 experts.  

Click here for more information about the AB 2534 Toolkit.

New Laws Expand Employers’ Sexual Harassment Prevention Obligations

As the #MeToo Movement placed a glaring spotlight on the continuing problem of sexual harassment in the workplace, outgoing California Governor Jerry Brown signed several bills aimed at curbing harassment. All of them impact California employers, both public and private.

On November 22, 2016, a federal court in the Eastern District of Texas halted implementation the Department of Labor’s rule amending the salary basis test for overtime exemptions in the Fair Labor Standards Act (FLSA). The rule was scheduled to take effect December 1, 2016.  (Nevada v. DOL (E.D.Tex. 11/22/16) No. 4:16-cv-00731.) The court granted a preliminary injunction, which temporarily delays the ...

California’s public educational entities need to be aware of changes to federal law that will become effective on December 1, 2016.  The U.S. Department of Labor will be publishing its official Final Rule on May 23, 2016, updating the Fair Labor Standards Act (“FLSA”) regulations regarding the executive, administrative and professional exemptions from overtime and minimum-wage requirements.

Categories: Labor/Employment

The typical workplace bulletin board is densely packed with legally required posters and employee notifications. As laws change, the posters must be updated to reflect the changes. For example, the minimum wage in California increased to $10 an hour on January 1, 2016; the required poster specifying the minimum wage should reflect that most recent increase.

The California Labor Commissioner has posted a template  pursuant to the new sick leave law, the Healthy Workplaces, Healthy Family Act of 2014. As explained in our , the new law applies to employees who work at least 30 hours per calendar year and are not provided with sick leave under a collective bargaining agreement.  A poster describing the sick leave rights is required under amended Labor Code section 247.

On July 22, 2014, two opinions concerning the Affordable Care Act were issued from two different United States Circuit Courts of Appeals. Both opinions analyzed the same lawsuit filed in two different courts. Both opinions reached conclusions that were diametrically opposed to one another.

The first opinion, Halbig v. Burwell, which was decided by a three member panel of the United States Court of Appeals ...

On July 2, 2013, the United States Treasury Department announced that implementation and enforcement of employer mandates under the Patient Protection and Affordable Care Act (“Act”) will be delayed by one year.  Until today, school district employers were preparing to be in compliance with the Act starting on January 1, 2014.  As a result of today’s announcement, the new deadline for compliance is ...

The Supreme Court’s decision in National Federation of Independent Business v. Sebelius (2012) 132 S.Ct. 2566, settled any question surrounding the so-called “Individual Mandate” under the Patient Protection and Affordable Care Act” (“Act”). Accordingly, effective January 1, 2014, individuals, subject to limited exceptions, are required to be covered by a minimum level of health ...

Categories: Labor/Employment

In 2010 Congress enacted the Federal “Patient Protection and Affordable Care Act” (“Act”) setting the stage for sweeping reform of the U.S. health care system. The most controversial provision in the Act is the “Individual Mandate” which requires every American to have a minimum level of health insurance by 2014 or face certain financial penalties. Congress used the Commerce Clause found ...

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