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When is Paid Administrative Leave an Adverse Employment Action?

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.

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United States Supreme Court to Again Review Mandatory Union Fees

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.

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California Supreme Court Holds Disclosure Is the Rule, Not the Exception, in Public Record Requests

Automated license plate reader (ALPR) scan data is not subject to the "records of investigation" exemption under the California Public Records Act (CPRA), the California Supreme Court has ruled. The Court, however, did not foreclose the ability to withhold such information if it would invade an individual's privacy.

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School District Need Not Accommodate Coach's Request to Publicly Pray at Football Games

A Washington school district was not required to allow a high school football coach to pray on the 50-yard line at the end of each game, the Ninth Circuit Court of Appeals ruled in Kennedy v. Bremerton School District (9th Cir. 2017, No. 16-35801) ___F.3d___ <http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/23/16-35801.pdf>.

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Court Eliminates Registration Requirement for Model Aircraft

The Federal Aviation Administration (FAA) may no longer require the registration of model aircraft, following the D.C. Circuit's decision inHuerta v. Taylor.

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California Supreme Court Denies Untimely Childhood Sexual Abuse Damages Claim

A divided California Supreme Court threw out a woman's claim against a public agency arising from resurfaced memories of alleged sexual abuse in the early 1990s because it was not submitted to the public agency by the six-month deadline for submitting such claims under the Government Claims Act. (Rubenstein v. Doe No. 1 et al. (Aug. 28, 2017, No. S234269)__ Cal.5th __.)

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Discovery of Public Records after Requester Filed Lawsuit Leads to Attorney Fee Award for Plaintiff

A California appeals court has found a city liable for attorney's fees after determining that a related lawsuit prompted the city to produce records during the litigation that the plaintiff had first sought through a California Public Records Act (CPRA) request.

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Environmental Review Not Necessarily Required Prior to Approval of a Real Property Purchase Agreement

The Fourth District Court of Appeal has ruled that the execution of a purchase and sale agreement for real property that is contingent upon compliance with the California Environmental Quality Act (CEQA) does not trigger a public agency's duty to prepare an environmental impact report (EIR) under CEQA.

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Appellate Courts Reject Recreational Trail Immunity for Adjacent Hazards

Two decisions in the last three months have increased the potential for a public entity to be held liable for an injury suffered on one of its recreational trails.

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