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U.S. Supreme Court Upholds a Community College Board's Censure of a Board Member

On March 24, 2022, the United States Supreme Court decided a case relevant to public agency governing boards managing disruptive board members. The case was originally brought by David Wilson, an elected trustee on the Houston Community College Board.

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Cautionary Click Tale: California Court of Appeal Holds that Online Pop-Up Provides Adequate Notice of Binding Agreement Terms

In B.D. v. Blizzard Entertainment, Inc. (Mar. 29, 2022, No. D078506)    Cal.App.5th    , the California Court of Appeal held that a pop-up license agreement used for an online videogame provided adequate notice to users that they would be bound by its terms, including a requirement for binding arbitration.

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Updates to Masking Requirements for Students and Employees

The California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC) recently released new guidance, which includes changes to the legal requirements for face masks and new health and safety recommendations for local educational agencies to consider.

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Foreseeability in Sexual Abuse Cases: Appellate Court Clarifies Legal Standards for Claims Against School Districts

In a recent case, the California Court of Appeal held that school administrators may breach a duty to protect students from sexual abuse by district employees by failing to take reasonable measures to prevent abuse, even if the school does not have actual knowledge of the employee’s history of committing, or propensity to commit, sexual abuse.

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Level I Developer Fee Raised, and Important New Requirements to Adopt Justification Studies and School Facilities Needs Analysis

In each even calendar year, the State Allocation Board (SAB) adopts an inflationary increase to what is commonly known as the “Level 1” school impact fee.  At its meeting on February 23, 2022, the SAB increased the statutory Level 1 fees by 17.45 percent, to $4.79 per square foot for residential construction and $0.78 per square foot for commercial construction.

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California Whistleblower Retaliation Claims Subject to Statutory Test Rather than Higher Federal Standard

In Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th703, the California Supreme Court determined that the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5 is the framework prescribed by statute in Labor Code section 1102.6 rather than the well-established burden shifting framework set forth in McDonnel Douglas

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Additional COVID-19 Supplemental Paid Sick Leave Now Available

Since the State-provided Supplemental Paid Sick Leave (Senate Bill 95) expired at the end of September 2021, and with the recent COVID-19 surge due to the Omicron variant, both employees and employers have wondered whether the Legislature and Governor would again grant additional paid sick leave to employees affected by COVID-19.

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Cal/OSHA's Enforcement and Citation Powers Expand Under SB 606

On September 27, 2021, Governor Newsom approved Senate Bill (SB) 606, which added and amended multiple sections of the Labor Code. SB 606 took effect January 1, 2022, and expanded the enforcement powers of California’s Division of Occupational Safety and Health (Cal/OSHA), with costly implications for employers that do not heed the new changes.

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Ninth Circuit Holds that "Specific Learning Disability" Evaluation and IEP Satisfied FAPE for Dyslexic Student

In Crofts v. Issaquah School District No. 411 (9th Cir. Jan. 12, 2022, No. 19-35473)   F.4th   , the U.S. Court of Appeals for the Ninth Circuit held that a school district properly assessed a student for dyslexia when it conducted an evaluation for a “specific learning disability,” as provided under the Individuals with Disabilities Education

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