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AB 25: Prohibits Public Employer From Asking for Social Media Password

Last year Assemblymember Campos authored AB 1844 which prohibits private employers from requiring that applicants or employees give up their email or social media account passwords.  In signing AB 1844, Governor Brown stated that, "The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts." This session Assemblymember Campos has authored AB 25, which would extend the provisions of AB 1844 to the public sector.  Specifically, AB 25 would amend Labor Code section 980 to define its coverage to include "the state, a city, a county, or a…

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AB 765: Allows All Peace Officers in a Single Unit Under EERA

SB 765 was introduced by Senator Block on February 22, 2013.  As introduced, it was a spot bill making only technical changes to EERA.  On April 1, the bill was amended to add the following to EERA section 3545: (d) Notwithstanding subdivision (e), a district that employs full-time peace officers, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, the district and the board shall not prohibit an employee who is a full-time peace officer from joining or participating in employee organizations and negotiating units that are…

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AB 616 and AB 537: Effort Continues to Turn MMBA into EERA/HEERA

AB 616 was introduced by Assemblymember Bocanegra on February 20, 2013.  It was initially a spot bill making technical changes to the MMBA but was drastically amended on March 19, 2013.  As amended, AB 616 would make the following significant changes to the MMBA: Extend the union’s time to request factfinding if there is no mediation to 60 days, instead of 30 days; Allow a party to dispute the declaration of impasse by submitting a challenge to PERB, which would have 5 working days from receipt of the challenge to issue a decision; Adopt EERA’s definition of impasse:  “that the parties to a…

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New PERB Regs Approved; Effective July 1, 2013

  On March 18, 2013, the Office of Administrative Law approved two regulatory packages submitted by PERB.  The first package addresses the transfer of the State Mediation and Conciliation Service to PERB.  The second package addresses miscellaneous regulatory items, including providing for electronic filing and allowing the Board to designate only certain decisions as precedential. Both sets of regulations will become effective on July 1, 2013.

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SB 388: Expands POBR to Cover “Interrogations”

SB 388 was introduced by Senator Lieu on February 20, 2013. This bill amends the Public Safety Officers Procedural Bill of Rights (POBR) so that certain rights are triggered with an “interrogation” instead of an “investigation.”  Specifically, the change is as follows: “When any public safety officer is under investigation and subject to interrogation and subjected to interrogation, or is subject to interrogation without being under investigation, by his or her commanding officer, or any other member representative of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions…” Thus,…

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