REMINDER: The New Requirements for Postsecondary Institutions to Address Sexual Harassment of Students Become Effective January 1, 2022
On September 29, 2020, Governor Newsom signed Senate Bill (SB) 493, requiring postsecondary institutions to take certain actions and implement certain procedures related to sexual harassment prevention and handling complaints of sexual harassment.
On September 27, 2021, Governor Newsom signed Senate Bill (SB) 270, which becomes effective July 1, 2022, and amends the Public Employee Communications Chapter (PECC), codified in Government Code section 3555, et seq. Specifically, SB 270 authorizes public employee unions to file unfair practice charges with the Public Employment Relations Board (PERB) against public employers that fail to comply
On October 28, 2021, the U.S. Ninth Circuit Court of Appeals issued an opinion in Harris v. County of Orange (9th Cir. October 28, 2021, No. 19-56387) __ F.3d __, reiterating the standard enunciated by the California Supreme Court...
On October 8, 2021, Governor Newsom signed Assembly Bill (AB) 438 into law. AB 438 modifies the Education Code’s classified layoff statutes by providing classified employees with the same notice and hearing rights afforded to certificated employees.
Governor Newsom signed Senate Bill (SB) 16 on September 30, 2021, expanding the types of police officer records subject to disclosure pursuant to a public records request. This is an expansion of provisions enacted in SB 1421, that went into effect on January 1, 2019.
Governor Newsom signed another education omnibus budget trailer bill on September 23, 2021, Assembly Bill (AB) 167. This legislation further modifies independent study and ADA apportionment requirements for the 2021-2022 school year.
On August 16, 2021, California Governor Newsom signed Executive Order N-12-21 in response to the ongoing COVID-19 pandemic and increased spread of the Delta variant.
Appellate Court Ruling Sheds Light on the Government Claims Act, Sexual Abuse Cover Up and Related Damages
In its recent decision in Los Angeles Unified School District v. Superior Ct., Los Angeles County (2021) 64 Cal.App.5th 549, the California Court of Appeal held that a school district is immune from an award of treble damages in a tort action for childhood sexual assault where the assault occurred as the result of a cover up.
PERB Holds that Employers Have a Duty to Negotiate in Good Faith Regarding the Effects of Mandatory Vaccination Policies Prior to Implementation
On July 26, 2021, the Public Employment Relations Board (PERB) issued a decision finding that while the decision to adopt a mandatory influenza vaccination policy implemented by the Regents of the University of California (University) was outside the scope of representation, the University's failure to meet and confer in good faith over the effects of the policy, prior to implementation, constitut