California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and the Act also provides for a civil remedy in the form of compensatory damages, injunctive relief, and other equitable relief. The intent of the CDAFA is to protect individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data…
This article was reviewed March 2021 and is up-to-date.Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.”  The rule certainly sounds dark and fateful.  Perhaps courts intend it to be, because the rule serves to deter disgruntled litigants from appealing while the trial court case is ongoing, and typically requires those litigants to wait months, or even years, to appeal.  So…
The COVID-19 pandemic has changed the work environment in many ways, including a significant impact on employer-sponsored health benefits.  The past year has resulted in changes to how frequently individuals visit the doctor (or do not visit the doctor), purchase eligible medical expenses, and need dependent care.  In response to the pandemic, the IRS, Congress, the Department of Labor (“DOL”), and the Department of Treasury have provided options for employers to adopt flexible changes and extensions for employer-sponsored health coverage, health flexible spending accounts (“health FSAs”), dependent care assistance programs (“DCAPs”), and COBRA coverage.  (See IRS Notice 2020-29; IRS
One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands.  With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace.  As employers think about this critical issue, there are a number of questions employers must consider: How do employers respond to employees that are eligible for vaccination, but decline to be vaccinated?  Can unvaccinated employees return to the workplace, and, if so, under what conditions?  Should teleworking employees who…
In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”).  Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times.  A former police officer who also saw Mr. Tabares thought he had mental health issues but was not dangerous.  Officer Esparza asked Mr. Tabares to stop walking so they could talk, but Mr. Tabares responded “no,” told Officer Esparza to leave him alone, and walked away. Officer…
All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST).  Those standards have recently been expanded, and more change may be coming. AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a peace officer be free of bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, in addition to the preexisting requirement that he or she be free of any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. Government Code section 1029 currently…
As the COVID pandemic rages on, employees required to work remotely since March 2020 will continue to do so for at least a foreseeable portion of 2021. While a burden for some, the pandemic has opened endless relocation possibilities for others, allowing some remote workers to visit and stay with family, work from a vacation destination, or work from less expensive areas to save on the cost of living. As we enter a new tax year under COVID, many employers are asking whether they have special obligations to out-of-state teleworkers. In addition, employees who have enjoyed the advantages of their…
On April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. The California Supreme Court reinterpreted and significantly altered the test for determining whether workers in California were properly classified as independent contractors for the purposes of the wage orders adopted by California’s Industrial Welfare Commission (IWC). The Court established a new test, often referred to as the “ABC” test, which was codified in AB 5 (effective January 1, 2020). The Court in Dynamex rejected the longstanding and more flexible multifactor standard established in S.G. Borello & Sons,…