Mastagni Law Blogs
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PERB Sides with Corrections Officers in Overtime Dispute with Fresno County
A recent Public Employees Relations Board (PERB) decision makes clear an employer’s obligation to bargain over proposed changes to overtime sign-up and payment policies. In Service Employees International Union Local 521(Union) v. County of Fresno (County), the Administrative Law Judge (ALJ) decided in favor of the Union, finding the County committed an Unfair Labor Practice (ULP) in violation of Meyers-Milias-Brown
Ninth Circuit Provides Guidance on First Amendment Protections Afforrded Controversial Public Safety Social Media Posts
The phenomenon that is social media is not new nor novel in today’s society. Yet, social media’s impact on speech and its overlap with the First Amendment continues to evolve and present the American legal system with unique challenges and fact patterns that are separate and unique from more historical speech matters, particularly in the context of an individual’s employment.
Make-Whole Remedy Includes "Direct and Foreseeable" Financial Losses In Addition to Back Pay
On December 13, 2022, the National Labor Relations Board (“Board”) expanded the available remedies for unfair labor practices (ULP) based on discrimination or retaliation. The International Brotherhood of Electrical Workers, Local 1269 (“Union”) filed a ULP against Thryv, Inc. (“Thryv”) over the imposition of layoffs without providing requested information and satisfying its bargaining obligations. In Thryv, Inc., Case
Federal Judge Permanently Enjoins California Fee-Shifting Law Against Plaintiffs Bringing Second Amendment Challenges
In a major victory for the First Amendment right to petition the courts to enforce Constitutional Rights, U.S. District Court Judge Roger Benitez permanently enjoined enforcement of California Code of Civil Procedure § 1021.11 which imposed attorney fee liability on any litigant and their lawyers who unsuccessfully challenge the Constitutionality of any California gun law. Miller v. Bonta held the
First Responder’s Workers’ Comp Rights Expanded in 2023
In a decisive victory for California’s first responders, Governor Gavin Newsom signed SB 1127 on September 29, 2022. This bill makes three improvements to the California workers’ compensation system. First, SB 1127 shortens the window for employers to determine liability on claims for injuries suffered by first responders from 90 days, to 75 days. This means that employers will have
D.C. Circuit Rejects Police Union’s Challenge to Emergency Legislation Impairing the Right to Bargain over Discipline Procedures
A District of Columbia police union lost its appeal challenging a 2020 police reform measure which states “matters pertaining to the discipline of sworn law enforcement personnel shall be retained management and not be negotiable.” The new law breaks with decades of collective bargaining rights to negotiate over disciplinary procedures and due process for all represented employees. In Fraternal Order
Appellate Court Clarifies Meaning of "Sustained" Under SB 1421 to Trigger CPRA Release
Prior to January 2019, access to peace officer records was only permitted through a Pitchess motion. Then Senate Bill No. 1421 amended Penal Code sections 832.7 and 832.8 to require disclosure of certain serious misconduct records under the California Public Records Act (“CPRA”), if they have been sustained after opportunity to appeal. The legislation did not address circumstances wherein an
Governor Newsom Signs Several New Firearm Restrictions Despite the Recent Supreme Court Ruling on the Second Amendment
Following the SCOTUS New York State Rifle & Pistol Ass’n, Inc. v. Bruen decision, Governor Newsom signed four new bills concerning gun restrictions and safety: AB 1594, AB 2571, AB 1621, and SB 1327. Generally, these bills are intended to allow civil suit against gun-makers, restrict marketing to minors, restrict ghost guns, and limit the spread of assault weapons.
Smile, You’re on Camera: The First Amendment Protects Recording the Police
On Monday, July 11th, the Tenth Circuit Court of Appeals denied qualified immunity to an officer sued for First Amendment retaliation based on allegations that the officer obstructed the filming of a traffic stop by standing in front of the plaintiff and shining his flashlight into the camera. Irizarry v. Yehia, No. 21-1247, 2022 WL 2659462 fn. 10 (10th Cir.