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Legislature Further Limits the Ability to Consider Expunged, Dismissed, or Sealed Convictions in Hiring Decisions

Senate Bill (SB) 1412, which takes effect on January 1, 2019, builds on prior law limiting consideration of expunged, dismissed, or sealed convictions in hiring decisions.

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FCC Threatens Public Agencies’ Local Control Over Next-Gen Cellular Deployment

In anticipation of the wave of next-generation cellular technology, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Third Report and Order significantly preempting state and local control over the use of public rights of way for the deployment of "small wireless facilities" (i.e., micro cellular antennas and equipment).

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Directory and Personal Information Must Be Withheld from Board Meeting Minutes upon Request

Governor Jerry Brown has signed into law Senate Bill (SB) 1036, which will allow parents and adult pupils to prevent the governing board of a local education agency from including the directory and personal information of a student and/or the student's family in the governing board's meeting minutes. SB 1036 is set to take effect on January 1, 2019.

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New Law Updates Bidding Preferences for Various Public Agencies

The Legislature has significantly expanded local agencies' ability to use a small business preferences on a public works projects, and has expanded the use of preferences for small businesses, disabled veterans businesses and social enterprises in some counties.

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Bathrooms Are No Longer Acceptable Lactation Accommodations

Beginning January 1, 2019, employers will have to make reasonable efforts to provide employees with the use of a room or location, other than a bathroom, as a lactation accommodation.

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New Law Requires Paid Time Off for Union Stewards and Officers

Effective January 1, 2019, Senate Bill (SB) 1085 requires public agency employers in California to grant, upon the request of a union, "reasonable" paid leaves of absence to employees serving as stewards or officers of the union or of any statewide or national employee organization with which the union is affiliated.

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New Laws Increase State Control of Addiction Treatment Facilities, Require Student Athlete Opioid Warning

On September 26, Governor Jerry Brown signed a package of bills designed to enhance state regulation of licensed alcohol and drug abuse recovery or treatment facilities (RTFs). Governor Brown also signed Senate Bill (SB) 1109, which aims to better inform the public of the risks associated with the use of opioids.

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Court Restricts Ability to Seek Mandate Reimbursements

A California appellate court has ruled that a public agency is not entitled to seek reimbursement from the state for the cost of implementing mandated programs if the agency has existing statutory authority to impose or raise fees, even if the attempt to impose or raise fees is prevented by a successful Proposition 218 majority protest.

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New Laws Restrict Law Enforcement Agencies’ Right to Withhold Recordings Relating to “Critical Incidents”

After years of failed attempts, the Legislature has passed, and Governor Brown has signed into law, two bills that remove the longstanding layers of protection and confidentiality for certain law enforcement records. Senate Bill (SB) 1421, which becomes effective January 1, 2019, increases public access to certain records relating to allegations of misconduct by law enforcement.

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