202106.10
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June 2021 Newsletter – Community College Districts

***   Update – June 10, 2021   *** CalOSHA has withdrawn the regulatory package that was anticipated to change employer obligations in responding to COVID-19. DIR reports that the move is in response to updated face-covering guidance from the California Department of Public Health, issued on June 9, 2021. While this makes planning difficult, we will…

202104.01
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April 2021 Newsletter – Community College Districts

Bill Extends California’s COVID-19 Paid Sick Leave Law: Summary of New California COVID-19 Supplemental Paid Sick Leave – What District Employers Need to Know On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave to employees impacted by COVID-19. As…

202102.03
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February 2021 Newsletter – Community College Districts

Lower Threshold for “Immoral Conduct” and Public can Determine “Evident Unfitness for Service” The Court of Appeal recently decided a case on the dismissal of a counselor on grounds of “immoral conduct” and “evident unfitness for service” after she publicly criticized students on social media who boycotted school during a protest.  Crawford v. Commission on…

202009.04
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September 2020 Newsletter – Community College Districts

Work from Where – The Long View on WFH Arrangements The phrases “SARS-CoV-2,” “coronavirus,” and “COVID-19” have been burned into our collective memory, but the development of an effective vaccine and diminishment of community transmission vectors means that at some point (probably/hopefully) California will hit Stage 1 on the resilience roadmap. Workers across the state…

202004.08
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April 2020 Newsletter – Community College Districts

Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) On March 27, 2020, Congress passed the House Bill 748 (H.R. 748), entitled “Coronavirus Aid, Relief, and Economic Security Act” (or “CARES Act”), a $2.2 trillion economic stimulus package in response to the financial crisis our nation is experiencing as a result of the novel coronavirus,…

201912.01
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December 2019 Newsletter – Community College Districts

Adverse Action Following an Employee’s Exercise of EERA Protected Rights Can Be Evidence of Discrimination, but is Does Not Result in De Facto Immunity to the Employee; PERB Has Discretion to Consider Amended Filings In a recent decision, Padilla v. Adelanto Elementary School District (PERB Decision No. 2630, March 1, 2019), the Public Employment Relations…

201911.01
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November 2019 Newsletter – Community College Districts

Legislature Prohibits “Non-Rehire” Clauses in Settlement Agreements Beginning on January 1, 2020, all California employers will be barred from including “non-rehire” clauses in agreements that settle employment-related disputes. (Assembly Bill 749, 2019-2020). The stated motivation behind this new law was to prevent retaliation against employees who file employment-related claims either through the employer’s internal complaint…

201909.10
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September 2019 Newsletter – Community College Districts

You Want What When? Disclosing Complaint Documents In a recent decision, Contra Costa Community College District, June 26, 2019, the Public Employment Relations Board (PERB Decision No. 2652) has definitively established that unions are not entitled to receive copies of complaints relating to misconduct until some point after an initial investigatory interview. In doing so, PERB…

201908.12
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August 2019 Newsletter – Community College Districts

Avoiding Interference Charges: PERB Expands Prohibition Against “No-Contact” Directives In a recent decision, Lukkarila v. Claremont Unified School District, (July 10, 2019 PERB Decision No. 2654) the Public Employment Relations Board (PERB) affirmed and further expanded the scope for finding that a broad “no contact directive” interferes with the EERA protected rights of employees. During…

201905.10
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May 2019 Newsletter – Community College Districts

Avoiding Interference Charges: Revisiting the No-Contact Directive In a recent decision, Zink v. San Diego Unified School District (Zink), March 22, 2019, the Public Employment Relations Board (PERB Decision No. 2634) has further established the permissible scope of employee directives during investigatory and disciplinary interviews. Following the decision in Perez v. Los Angeles Community College…