California Municipal Law Blog
category:
Employment Law
by David G. Ritchie 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.
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tags:
Bargaining, Commission on State Mandates, Fact-finding, Meyers Milias Brown Act, State mandates,
by Betsy Martyn 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.
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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,
by Jolena Grider 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.
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tags:
AB 5, ABC Test, Dynamex Case, Independent Contractors,
by Jake Madden 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,
by David G. Ritchie 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.
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tags:
Abood Case, Janus v. American Federation, Unions,
