California Municipal Law Blog

New Laws Take Effect in 2020: General Municipal Update

by on January 21, 2020

posted in Employment Law, Legislative Updates, Public Records Act, Public Utilities, Water,

Introduction The majority of the bills from 2019 addressed wildfires, affordable housing and emergency/homeless shelters.  The housing bills from last year will be addressed in a separate post.  A separate post on new bills affecting law enforcement will also be added.  ... Continue Reading

tags: data collection, gender diversity, Independent Contractors, New laws, planning, public works, Sexual Harassment Training, surplus property, urban water retailers, wages, zoning,

Campaign Finance Reform is Coming to City Council Campaigns

by on December 22, 2019

posted in Elections, Legislative Updates,

AB 571 provides statewide campaign contribution limits applicable to City Council campaigns (beginning in 2021) unless superseded by a local campaign limit ordinance or resolution. The City  does not have campaign contribution or funding limits at this time.    Therefore, absent a local resolution or ordinance, the provisions of AB 571 that amend the Political Reform Act will impose a basic limit of $3000  per election per contributor as of January 1, 2021, and impose other restrictions. This limit is adjusted annual by the Fair Political Practices Commission (FPPC) according to the consumer ... Continue Reading

tags: Campaign Contributions, Campaign Finance Reform, Campaign Loans, Contribution Limits,

AB 5 Signed By Governor: What is the Effect on Public Agencies?

by on September 19, 2019

posted in Employment Law, Recent Court Decisions,

On September 18, 2019, Governor Newsom signed AB 5 which codifies the Independent Contractor/Employee test in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. AB 5 adds Section 2750.3 to the Labor Code which provides that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity can satisfy the ABC test.  ... Continue Reading

tags: AB 5, ABC Test, Dynamex Case, Independent Contractors,

Landmark Decision Provides for Greater Federal Property Rights Suits

by on June 26, 2019

posted in Recent Court Decisions, U.S. Supreme Court,

On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court. In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).  ... Continue Reading

tags: Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,

Vazquez Determines that Dynamex ABC Test for Independent Contractors Applies Retroactively

by on June 7, 2019

posted in Employment Law,

In Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (2019) (Vazquez) the United States Court of Appeals for the Ninth Circuit ruled that the ABC test established in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018) (Dynamex) can be applied retroactively. At issue in Dynamex was whether or not delivery drivers working for Dynamex Operations West Inc., a transportation company, should be classified as independent contractors or employees. In that case the Supreme Court of California established an ABC test to determine whether a person is to be classified as an independent ... Continue Reading

tags: ABC Test, Dynamex Test, Independent Contractors,