201809.05
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September 2018 Newsletter – Community College Districts

Employer E-Mail System, Employee Forum Do employees have the right to communicate about their working conditions on an employer-supplied e-mail system? The National Labor Relations Board previously addressed the question in Register Guard ((2007) 351 NLRB 1110), finding that employees had no statutory right to access and use the employers e-mail system for Section 7…

201807.11
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July 2018 Newsletter – Community College Districts

The Impact of Janus and California’s Legislative Reaction The last week of June saw two developments that may have an impact on continued labor relations with employee representatives. Supreme Court Rules “Agency Fees” Are Unconstitutional In a decision issued on Wednesday, June 27, 2018 (Janus v. American Federation of State, County, and Municipal Employees, Council…

201806.01
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June 2018 Newsletter – Community College Districts

Hitting Pause on a Classified Employees Probationary Period A recent decision in the California Fourth Appellate District has answered the question, “can our district extend the probationary period of a classified employee that was out on medical leave?” In Hernandez v. Rancho Santiago Community College Dist. (May 3 2018) 22 Cal.App.5th 1187, the court was…

201805.01
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May 2018 Newsletter – Community College Districts

The Future of Agency Fees: What Janus May Mean for Public Sector Bargaining In California, the agency fee is part and parcel of public employee collective bargaining. For example, the Educational Employment Relations Act (EERA) established a uniform system of collective bargaining for K-12 school districts and community college districts. (Govt. Code § 3540 et…

201803.02
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March 2018 Newsletter – Community College Districts

Senate Bill 306 Makes Retaliation Claims Harder to Combat On October 3, 2017, Governor Brown signed Senate Bill 306 (Hertzberg), granting additional powers to the Division of Labor Standards Enforcement. Effective on January 1, 2018, the new law will change the standards courts use to grant injunctive relief, will allow the Labor Commissioner to investigate…

201802.01
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February 2018 Newsletter – Community College Districts

Employers Face Penalties for Assigning More Than 960 Hours of Out-Of-Class Work When dealing with a vacant position, school and community college district employers frequently assign an employee in one classification to job duties in the vacant classification. These assignments are referred to as working “out-of-class.” Previously, there was generally no limit to the amount…

201712.04
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December 2017 Newsletter – Community College Districts

For Denial of Tenure Discrimination Cases, When the Statute of Limitations Begins to Run Differs in California State Court from Federal Court California patterned the Fair Employment and Housing Act (“FEHA”) after the federal Equal Employment Opportunity Act’s Title VII.  Both statutes are designed to prevent employment discrimination.  However, the two statutes are not always…

201711.01
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November 2017 Newsletter – Community College Districts

Asking Salary History is now Off-Limits when Hiring There already exist laws banning certain employment practices. For example, under the California Fair Employment and Housing Act (Govt. Code §§ 12900 et seq.) an employer cannot discriminate on the basis of factors including, but not limited to, race, religion, national origin and sex. A recently signed…