California Public Safety Labor Blog

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    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

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

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

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

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

     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. 

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.

    According to the recent United States Supreme Court decision, criminal suspects cannot sue police officers who fail to give Miranda warnings before custodial interrogations. Vega v. Tekoh, No. 21-499, 2022 WL 2251304 (U.S. June 23, 2022). SCOTUS reversed the Ninth Circuit’s decision, maintaining the standard that a violation of Miranda is not necessarily a violation of the Fifth Amendment.