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…

201710.02
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October 2017 Newsletter – Community College Districts

Travelling Time and the Law It is fairly common that educational institutions send hourly workers to attend training off campus.  However, the issue arises regarding how to account for the time travelling to and from the training.  According to the California Department of Industrial Relations Division of Labor Standards Enforcement, the time spent at a…

201709.01
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September 2017 Newsletter – Community College Districts

Public Employers, the Union and New Hires A recently signed law has two requirements affecting public employers, including educators. Specifically, Government Code Sections 3555 through 3559 which require an employer to give a union’s exclusive representative access to the employer’s new hire orientations. Also, the employer must provide to the union certain job-related, as well…

201706.05
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June 2017 Newsletter – Community College Districts

New Regulations Limit Use of Criminal Background Information in Hiring and Continued Employment The California Fair Employment and Housing Council (FEHC), the agency regulating employment and housing discrimination, recently published new regulations on use of criminal history in employment decisions scheduled to go into effect on July 1, 2017. The new regulations prohibit California employers…

201705.02
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May 2017 Newsletter – Community College Districts

PERB Allows Pre-Hearing Motions to Dismiss Under Limited Circumstances In the recent case before the Public Employment Relations Board (“PERB”), Felicijan v. Santa Ana Unified School District (2017) PERB Decision No. 2514, the PERB examined the circumstances under which an Administrative Law Judge (“ALJ”) could dismiss a case prior to hearing. In this case, in…