On November 15, 2017, a California appellate court held in Whitehall v. County of San Bernardino that paid administrative leave can constitute an adverse employment action in certain circumstances.
Senate Bill (SB) 285 prohibits public employers from deterring or discouraging their employees from becoming or remaining members of a union.
Governor Jerry Brown has signed three bills that significantly impact local agency obligations to the California Public Employees' Retirement System (CalPERS) and impose penalties on employers running afoul of the law. Each of these bills will take effect on January 1, 2018.
Effective January 1, 2018, Assembly Bill (AB) 1008 amends the Fair Employment and Housing Act (FEHA) to restrict an employer's ability to make hiring decisions based on a job applicant's criminal conviction history.
School districts' part-time playground positions will join the classified service when Assembly Bill (AB) 670 becomes effective on January 1, 2018.
Assembly Bill (AB) 1651 adds a new hurdle community college districts must clear before placing an academic employee on paid administrative leave. AB 1651 specifies new requirements for placing academic employees on paid administrative leave, including two days' advance notice of such a placement unless an exception applies. The bill becomes effective January 1, 2018.
On September 28, 2017, the United States Supreme Court agreed to review the Illinois case Janus v. AFSCME, Council 31, which challenges the constitutionality of "fair share" or "agency" fees collected by unions. A decision in the case is anticipated by June 2018.
Employers, including public agency employers, will be forbidden from asking job applicants for their salary history when Assembly Bill (AB) 168 becomes effective on January 1, 2018.
The Trump Administration has issued a significant rollback of Affordable Care Act (ACA) rules that require employers to include cost-free contraceptive coverage in health insurance plans offered to employees. The changes, however, do not apply to most government agency employers and will have a limited impact on California employers.