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Appellate Court Orders Publication of Lease-Leaseback Decision, Making it Binding Precedent

On May 31, 2017, the First District Court of Appeal ordered publication of its decision in California Taxpayers Action Network v. Taber Construction, Inc. et al.(2017) 12 Cal.App.5th 115 (Taber), which upholds the validity of a lease-leaseback arrangement. This reversed the court's initial decision not to publish the case.

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DFEH Releases Guidelines on Anti-Harassment Policies, Training and Notice Regulations

The Department of Fair Employment and Housing (DFEH) recently released a Workplace Harassment Guide that includes recommended practices to enable employers to comply with California Fair Employment and Housing Act (FEHA) regulations aimed at preventing, investigating a

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Public Entities Must Proceed with Caution When Preparing an Addendum to a Negative Declaration

A California appellate court has held that a public entity violated the California Environmental Quality Act (CEQA) by preparing an addendum to a mitigated negative declaration.

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Federal Court Upholds Texas School Board’s Practice of Student Invocations at School Board Meetings

A federal appeals court recently upheld a Texas school district's practice of permitting students to deliver a religious invocation at the beginning of governing board meetings.

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Bond Insurers on Credit Watch

On June 6, 2017, S&P Global Ratings (S&P) placed two of the three active municipal bond insurers, Build America Mutual Assurance Company (BAM) and National Public Finance Guarantee Corp. (NPFGC), on credit watch with negative implications.

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High Court Declines to Review Ruling on Cash in Lieu Payments

The United States Supreme Court has denied review of a Ninth Circuit Court of Appeals ruling that cash payments made to employees in lieu of benefits must be included as pay when calculating their overtime pay rate under the Fair Labor Standards Act (FLSA).

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Proposed Amendments to CalSTRS Creditable Compensation Regulations Have LCAP Implications

Proposed amendments to the California State Teachers' Retirement System (CalSTRS) creditable compensation regulations would allow employers to establish a class of employees based upon employment in a program established under a Local Control and Accountability Plan (LCAP).

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Attorney General Sessions Defines Federal Funding Subject to Withholding Due to Sanctuary Policies

U.S. Attorney General Jeff Sessions provided clarity on which federal funding would be subject to a withholding for implementing "sanctuary" policies that direct employees to refuse to communicate with, or frustrate communication of immigration status information to, Immigration and Customs Enforcement (ICE) as required by federal law.

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California Supreme Court Clarifies Use of Anti-SLAPP Motions

A new California Supreme Court ruling clarifies how litigants may use a tool intended to fight lawsuits filed to chill free speech.

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