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California Municipal Law Blog
category:
Employment Law

State Budget Plan Includes Reimbursement for Local Government Agencies Required to Participate in MMBA Fact Finding

by on April 14, 2020

posted in Employment Law, Unions,

The requirement in Government Code 3505.4, as amended by AB1606 (2012), that local government agencies participate in Meyers-Milias-Brown Act (“MMBA”) Fact-Finding when certain conditions are met after reaching impasse has been determined by the Commission on State Mandates to be a state-mandated activity with reimbursable costs.  The initial program established by AB 646 in 2011 had previously been held not to be a mandated requirement.  ... Continue Reading

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tags: Bargaining, Commission on State Mandates, Fact-finding, Meyers Milias Brown Act, State mandates,

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

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

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

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

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

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tags: ABC Test, Dynamex Test, Independent Contractors,

New State Law Favoring Unions Takes Effect Following Supreme Court’s Janus Ruling

by on July 8, 2018

posted in Employment Law, Legislative Updates, Unions,

Governor Brown signed SB 866 into law after Janus v. American Federation of State, County, and Municipal Employees, 585 U. S. ____ (2018) was released by the Supreme Court on June 27, 2018.  SB 866 is an effort to give something back to the unions given that they lost agency fees when the Court in Janus declared those violative of the First Amendment and overturned Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977).  SB 866 applies to employers covered by PERB, including cities, special districts, and counties.  ... Continue Reading

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tags: Abood Case, Janus v. American Federation, Unions,

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