Liebert Cassidy Whitmore

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This article was reviewed in June 2021 and is up-to-date.   Prevention of liability starts with auditing your agency’s personnel rules.  Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.”  Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures.  Thus, the outcome of a lawsuit may just depend on whether the agency has audited and updated their personnel rules to reflect these changes. A personnel rules audit is often a detailed, methodical and lengthy process.  As with most challenging projects, a personnel rules audit requires ample…
This article was reviewed in May 2021 and is up-to-date. Many public employers utilize 9/80 work schedules for non-exempt employees.  A 9/80 work schedule is essentially a two-workweek schedule of eight 9-hour days, one 8-hour day, and one day off.  However, once the 9/80 work schedule is implemented, there are a number of mistakes unsuspecting employers often make which can inadvertently trigger overtime liability. These pitfalls, which can also apply to a 3/12 work schedule, and how to avoid them are described below. Pitfall #1 – Not Designating the Workweek Properly.  Although employers are required to designate a workweek for…
As public agencies head into the end of the 2020-2021 fiscal year and prepare for the 2021-2022 fiscal year, it is the perfect time of year for agencies that contract with the California Public Employees’ Retirement System (“CalPERS”) to refresh their knowledge about upcoming deadlines and requirements.  Below are the key CalPERS deadlines and requirements agencies should know. End of Year Payroll Reporting Deadlines Public agencies must ensure that they meet CalPERS’ closing deadlines for accounts and records for the fiscal year ending June 30, 2021.  Reporting on time allows CalPERS to timely process the payroll earned period and adjustment…
The National Football League just completed its annual draft, in which the 32 NFL teams select collegiate players from around the country to compete for a spot on their rosters.  Prior to the draft, the teams spend time scouting, evaluating, and assessing these players.  Soon, the newly drafted players will have a chance to practice with the team and demonstrate whether they have the skills and talent actually to make the team.  Unfortunately for some, they may eventually be cut. While it is probably not as high-profile or large in scale, public employers also go through a hiring process, in…
On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund[1] and opened the portal through which qualified governmental entities, including metropolitan cities[2] and counties[3], may to apply to Treasury for the direct payment of such funds. Note: In our April 16 Special Bulletin, we discussed pre-award requirements that governmental entities must complete before applying to the Treasury Department for payments from the CLFR Fund and, in our March 8 Special Bulletin, we provided the eligible uses for CLFR Fund payments. In our April 16…
On April 26, 2021, the First District Court of Appeal published its decision in Oakland Police Officers Association v. City of Oakland (2021) — Cal.App.5th — (“Oakland POA”).  The case provides critical guidance regarding what information a law enforcement agency must provide to a peace officer before conducting a second or subsequent interrogation of the officer in an administrative investigation under the Public Safety Officers Procedural Bill of Rights Act (“POBRA”). Liebert Cassidy Whitmore attorneys J. Scott Tiedemann and Alex Wong submitted an amicus brief for the League of California Cities and the Los Angeles County Police Chiefs Association on…