Public Sector News

Maximillian Casillas Maximillian Casillas

PERB Holds State Employee had Right to Union Representation at Strip Search

On October 4, 2021, the Third District Court of Appeal affirmed a Public Employment Relations Board (“PERB”) decision that a state employee’s right to have a union representative present during an investigatory interview extends to having a representative in attendance during a strip search conducted for law enforcement purposes, even though there was no interrogation or questioning, pursuant to the Ralph C. Dills Act.

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Justin Mabee Justin Mabee

DOL Withdraws Trump Independent Contractor Rule

On May 6, 2021, the U.S. Department of Labor (“DOL”) officially withdrew an independent contractor rule promulgated in the waning days of the Trump Administration that would have favored app-based gig economy companies like Uber, Lyft, and DoorDash.

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Justin Mabee Justin Mabee

To Defer or Not To Defer, That is the Question

On March 2, 2021, the California Public Employment Relations Board (“PERB”) issued a decision in County of Santa Clara (2021) PERB Order No. Ad-485-M. This Santa Clara decision clarified existing precedent regarding when pre-arbitration deferral is appropriate in the public sector.

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Justin Mabee Justin Mabee

Retroactive Janus Cases Fail

Good news for Unions representing public employees! On January 25, 2021, the Supreme Court declined to hear a second wave of Janus-related cases that attempted to make Unions pay back years of lawfully collected fees.

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