Public Sector

A  Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to an education under the State’s Constitution.  The judge also ruled that the laws governing teacher dismissal and layoff (last-in and first-out) were also unconstitutional. 

 The Ninth Circuit, in Demers v. Austin, 729 F.3d 1011 (9th Cir. 2013), has boldly gone — where other federal circuit courts have heretofore been reluctant to venture — in declaring that applying Garcetti to academic speech would conflict with the First Amendment.  This unequivocal decision paves the way to potential Supreme Court review of the question…

We are frequently asked by public employers to help them navigate requests from their employees and unions for information pertaining to the employer’s internal investigations.  While the law in this arena from the courts and PERB continues to evolve, there is a general legal framework that public employers should keep in mind when determining who…

On October 15, the Supreme Court dismissed the writ of certiorari it granted in Madigan v. Levin as improvidently granted.  We had mixed feelings about the case, as it had the potential to limit the relief available under Section 1983 and the U.S. Constitution for state and local government employees complaining of age discrimination or to…

In County of Los Angeles v. Los Angeles County Employee Relations Commission, the California Supreme Court recently addressed an important issue involving employee privacy in public sector union representation.  The Court found that a public-sector union’s duty to represent all employees in a bargaining unit trumps their right to keep their contact information private. During…

In mid-April 2009, the Rio Hondo Community College District advised the California School Employees Association (CSEA or Union) of its intent to install surveillance cameras in its new Learning Resource Center.  Thereafter, the College expanded its plans to include the placement of such cameras in its parking lots.  The cameras would show CSEA bargaining unit…

The U. S. Supreme Court has granted certiorari in an important public sector employment case.  Specifically, the Supreme Court will decide whether an employee of a state or local government can bring suit for age discrimination under 42 U.S.C. §1983 (Section 1983) to enforce the Equal Protection Clause of the Fourteenth Amendment  or whether such…

In addition to the new laws relating to religious accommodation and social media (reported in our recent eAlerts), Governor Brown recently signed into law the following bills affecting employers.  Unless otherwise noted below, these laws will come into effect on January 1, 2013: New Laws Affecting All Employers Itemized Wage Statements (AB 1744) Amends Labor…