In 2021 Cal. Wrk. Comp. P.D. LEXIS 302, Mastagni Holstedt, A.P.C. with Associate Attorney, Jonathan D. Char argued that the Workers’ Compensation Appeals Board frustrated the applicant’s recovery by issuing an award only against a corporation (dissolved) and not against the owner. Upon petition for reconsideration, the Workers’ Compensation Appeals Board found the alter ego doctrine is consistent with their
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Supreme Court Blocks COVID-19 Vaccine Rule for US Businesses, Allows Rule For Healthcare Workers
On Thursday, January 12, the Supreme Court halted the enforcement of COVID-10 vaccine and testing rules, one of President Biden’s main efforts to combat the virus. The court concluded that the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration’s vaccine-or-test rule on U.S. businesses with at least 100 employees, affecting more than 80 million
CA State Bar Once Again Delays Proposed Rule That Would Prohibit Police Unions Donating to DA Candidates
On Friday, January 7, the California State Bar’s Committee on Professional Responsibility and Conduct (COPRAC), met again to review a proposal created by four California District Attorney’s which prohibits an elected prosecutor, or a candidate seeking election, from soliciting or receiving political or financial support from law enforcement unions. Following public comment, the committee announced for a second time that they would not
AB 48 – Kinetic Energy Projectiles and Chemical Agent Restrictions
It has long been recognized and understood that peace officers are authorized to use reasonable force to effect a lawful arrest, to prevent escape, or to overcome resistance, and that officers have a duty to act reasonably under the totality of the circumstances when utilizing force. In 2019, with the enactment of AB 392 (California Penal Code §835a), the California
WATCH David E. Mastagni Testify Before the Assembly Select Committee on Police Reform: Understanding Peace Officer Bill of Rights
On December 16th, David E. Mastagni testified in support of public safety labor rights before the California Assembly Select Committee on Police Reform, Next Steps: Understanding Peace Officer Bill of Rights. In defending the Public Safety Officers’ Procedural Bill of Rights (“POBR”), David explained that the core of the POBR simply codifies basic labor rights to representation during a
The United States Supreme Court Again Clarifies Qualified Immunity Protection For Peace Officers
In the recent City of Tahlequah v. Bond decision, the United States Supreme Court revisited the protections officers should receive through qualified immunity. (City of Tahlequah v. Bond, 2021 U.S. Lexis 5310 (2021).)Qualified immunity provides immunity from certain lawsuits raised against government officials acting in their official capacity. It is important to note that qualified immunity not only protects
Tune in LIVE this Thursday: "The Next Step: Understanding Peace Officer Bill of Rights"
Please watch the Assembly Select Committee hearing on police reform on December 16, 2021!Our partner, David E. Mastagni, will be one of the panelists to share his insights and important information on investigating police misconduct and how POBR works in practice. The panel will address the circumstances under which POBR applies, the investigations of allegations of peace officer misconduct,
California Public Safety Officers Afforded Stress Related Support
California public safety officers work in unpredictable, high-stress environments that can take an overwhelming mental, emotional, and physical toll that does not subside when their shift ends. Over time, the continued strain from this stress can contribute to serious health problems, such as heart disease, high blood pressure, depression, and anxiety. For the first time, in 2019, California established a
A Look Inside The Daniel Rivas-Villegas v. Ramon Cortesluna Case
Daniel Rivas-Villegas v. Ramon Cortesluna, 595 U. S. ____ (2021) FactsPetitioner Rivas-Villegas, a police officer in Union City, CA, responded to a 911 call where respondent Ramon Cortesluna, holding a chainsaw, threatened to hurt his girlfriend and her children. Officers ordered the suspect outside and onto the ground. Officers saw a knife in his left pocket. One officer bean
Failure to File Timely Answer to Complaint Means Admitting to Material Facts and Waiving Defenses
In a recent proposed decision by Public Employee Relations Board (PERB), an Administrative Law Judge (ALJ) evaluated what constitutes good cause for a late filing with PERB. The ALJ reviewed whether failing to submit a timely answer automatically admits all the material allegations and waives the right to assert any affirmative defenses. (California City Police Officers’ Association v. City