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.
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.
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
Although a seven-year-old boy with autism had an established medical need for 40 hours per week of Applied Behavior Analysis (ABA) therapy, his school district properly denied his private provider from serving him on the public school campus during the school day, according to the December 27, 2021 decision from the United States District Court, Central District of California, in O.A. vs Orcut
In response to the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-35-20 on March 21, 2020 (Executive Order). The Executive Order extends the time by which a claim must be presented to a public entity under the Government Claims Act by 60 days.
New Law Prohibits Employers from Preventing Employee Disclosure of Alleged Workplace Discrimination and Harassment
Effective January 1, 2022, Senate Bill (SB) 331 makes it unlawful for employers to enter into agreements with employees in exchange for employees’ silence on information concerning claims or complaints of workplace discrimination or harassment, subject to certain exemptions.
Superior Court Dismisses Lawsuit Challenging the State's Face Mask Mandate in California K-12 Schools
On November 12, 2021, San Diego Superior Court Judge Cynthia Freeland ended a lawsuit filed against Governor Gavin Newsom, the California Department of Public Health (CDPH), and other California state health officials.
Vaccine mandates enacted by and affecting local education agencies have faced various legal challenges, with differing outcomes.
Various amendments to the Public Employment Relations Board (PERB) regulations took effect on January 1, 2022, which are likely to impact public agencies with unfair labor practice charges and other matters pending before PERB.