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An Employer's Honest Belief That An Employee Took Medical Leave For An Improper Reason Is Not Enough To Justify a Dismissal

Under the California Family Rights Act (CFRA), an employer must reinstate an employee to the same or a comparable position upon returning from an approved medical or family care leave (Gov. Code §12945.2(a).)

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Legislative Changes Impacting Labor and Employment Issues in Schools

The Governor recently signed several bills affecting labor and employment in the public sector. Among these bills are Senate Bills (SB) 1291 and 1292 and Assembly Bills (AB) 1964 and 2386.

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PERB Affirms Test For Determining When A Public Employer May Discipline Employees Acting As Union Representatives

In a recent decision, the Public Employment Relations Board (PERB) affirmed its test for what it considers to be protected activity when employees are acting as union representatives.

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Refusal To Sign Acknowledgement Of Disciplinary Notice Disqualifies Employee From Unemployment Insurance Benefits

Employees who are terminated for misconduct are generally disqualified from receiving unemployment insurance benefits.

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Governor Signs New Law Increasing Employee Social Media Privacy Rights

Recently, California law did not expressly prohibit employers from asking employees for their usernames and passwords in order to access and view employee's personal social media accounts.

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Policy Options For Retaining Email Records

The use of email and other electronic communication between school administrators, professional staff, employees and the public has increased tremendously, raising complex issues with respect to communication, creation of information and systems, and retrieval and storage of electronic records.

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Governor Brown Signs Bill Affecting Child Abuse Reporting Obligations

Over the past year, the impact of recent child abuse cases has affected educational institutions on local, state, and national levels.

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New Bill Affects Classified Reemployment Procedures

The Governor recently signed into law Assembly Bill (AB) 2307, amending Education Code sections 45298 and 88117, which affects classified reemployment procedures for school districts and community colleges that have adopted the merit system. The existing statutory scheme for non-merit districts incorporates section 45298 and, therefore, the new legislation will also impact non-merit districts.

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New Bill Expands Paid Leave for Represented Classified Employees

More classified employees at school and community college districts may take paid time off to carry out union activities under Assembly Bill 1203, recently signed by Governor Jerry Brown.

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