201807.11
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July 2018 Newsletter – School 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 – School 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 – School 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…

201802.01
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February 2018 Newsletter – School 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…

201801.02
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January 2018 Newsletter – Community College Districts

Changes to Involuntary Paid Leaves for Community College Faculty California community college academic employees just got a due-process boost. A recently signed law has expanded the principles in the landmark Skelly case, which provided public employees notice and an opportunity to respond to allegations against them. (Skelly v. State Personnel Board (1975) 15 Cal.3d 194.)…

201801.02
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January 2018 Newsletter – School Districts

New Standards for Accommodation of Children with Disabilities under the IDEA and ADA Under the Individuals with Disabilities Education Act (“IDEA”), public schools are required to provide children with free appropriate public education. To accomplish that, schools put together a group of school officials, teachers and parents to create an individualized education program for each…