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On September 30, 2021, Governor Newsom signed into law AB 490 (Gipson), which “prohibit[s] a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined.”(1) This law is an expansion of AB 1196 (Gibson), signed into law one year ago in response to the death of George Floyd, which prohibited a

Courts and Agencies have clearly established that during disciplinary investigations, union representatives are entitled to assist members in presenting their defense. In a recent Federal Labor Relations Authority (FLRA) case, the board evaluated the role of a union representative in an employer investigation interview (1). In the case, a federal corrections employee was randomly selected for drug testing and tested

The Fourth District of the Court of Appeal recently gave an opinion in the case of Levanoff v. Dragas, 65 Cal. App.5th.1079 (June 25, 2021). This case provided important clarification for both employers and employees as to whether California Law requires a specific method for calculating overtime wages for dual rate employees. The case involved a number of employees who worked

On September 30, 2021 Governor Newsom signed into law Senate Bill 2, Assembly Bill 89, Assembly Bill 490, and Assembly Bill 26. Each of these laws impact the California law enforcement community. Senate Bill 2 establishes a nine-member Advisory Board that will review “serious misconduct” by peace officers and make recommendations to the Commission on Peace Officer Standards and Training

Over the last number of weeks throughout California and United States, more employers and States have begun introducing vaccine mandates. President Biden has also sought to introduce a vaccine mandate for over 80 million US workers in private companies and federal workers, requiring to get the vaccine or face termination. California currently has mandates in place for State and healthcare

On September 9, 2021, President Biden released an executive order requiring all federal employees to get the Coronavirus vaccination, without the ability to opt-out by getting regularly tested. Federal employees now have until November 22 to get fully vaccinated and be in compliance with the new mandate or face discipline, possibility including termination. In addition to this order, President Biden

The State Assembly and Senate recently passed Senate Bill 2 (SB 2), and it now awaits to be signed into law by the Governor. SB 2, introduced by Senators Bradford and Atkins, will establish a nine-member Advisory Board that will review “serious misconduct” by peace officers and make recommendations to suspend or revoke a peace officer’s POST certification. SB 2

 In Wilmot v. Contra Costa County Employees’ Retirement Assn. (2021) 60 Cal.App.5th 631, review denied (May 12, 2021), the California Court of Appeals for the Second District upheld the constitutionally of a portion of the Public Employees’ Pension Reform Act (PEPRA) that mandates the forfeiture of pension benefits if a public employee is convicted of “any felony under state

On August 14, a new citizen initiative was filed with the California Attorney General’s Office. The “Elijah McClain Police Accountability Act” (Initiative) contains a wide variety of proposals ranging from eliminating qualified immunity to restricting the rights of law enforcement unions. Although a number of the proposals are problematic, unconstitutional, and impractical, this blog post focuses specifically on the provisions

In Gomez v. Regents of University of California (2021) 63 Cal.App.5th 386, the Fourth District of the California Court of Appeals held that the Regents of the University of California have some immunity when it comes to California’s minimum wage laws. At issue in this case was whether the Regents —an independent governing body that oversees the state’s colleges and