PERB To Consider New Forms of “Proof of Support”

PERB has published revised draft regulatory packages in three areas: 1) e-filing, including proof of support; 2) continuances; and 3) the recusal of PERB Board members and staff. The draft regulatory packages can be found here. PERB is requesting that stakeholders provide comments at its meeting on October 10, 2019, or preferably provide comments in advance of the meeting. Of particular interest to stakeholders are the proposed modifications to PERB Regulation 32700 regarding proof of support. Based on the initial draft regulation and the public comments made in response to that draft, it was widely anticipated that PERB would open the door…

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PERB Gains Jurisdiction Over Some Child Care Workers

Governor Newsom has signed AB 378, the California Child Day Care Facilities Act, which allows child care workers who care for families that receive child care subsidies from the state to unionize. In a Sacramento Bee article, supporters of AB 378 claim that over 40,000 child care workers will be covered by this new law. AB 378 represents the first expansion of PERB's jurisdiction beyond public employees. Many "perbs" in other states already cover both public employees and some private sector employees excluded by the National Labor Relations Act. PERB now joins these other states. Notably, AB 378 appears designed…

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Initial Thoughts on PERB’s Proposed Regulations

Since my last post PERB has added two more regulatory packages for consideration at its June 13, 2019 meeting. There are now a total of five: 1) exceptions; 2) recusal; 3) subpoenas and motions; 4) e-filing; and 5) SMCS. The proposed regulations are substantial and I encourage practitioners to take some time to review them. Overall, I think the regulations are well-written and will provide much needed guidance in these areas. Because I may not be able to attend the meeting on June 13, I prepared extensive written comments to the Board. My letter to the Board is available by clicking this link: 2019-06-04…

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PERB Invites Comments on Regulatory Packages

PERB has published draft regulatory packages in three areas: 1) filing of exceptions; 2) standards for recusal of PERB personnel; and 3) subpoenas and motions. The draft regulatory packages can be found here. PERB is asking that stakeholders provide comments in person at its meeting on June 13, 2019, or in writing before that date. The proposed regulations are substantial and significant and are definitely worth taking the time to review.  I hope to have some initial comments on the draft regulations soon....

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Supreme Court: Not Yet Time to Examine “California Rule” On Pensions

Cal Fire Local 2881 et al. v. California Public Employees’ Retirement System et al. (State of California) (2019) Case No. S239958 (Issued on 3/4/19) Today the California Supreme Court issued its long-awaited decision in the Cal Fire case. The issue was whether PEPRA unlawfully eliminated the opportunity for employees to purchase "air time" service credit. The Court held that because the Legislature did not intend to create a contractual right to the purchase of air time, there was no contractual impairment when that option was eliminated. Further, the Court held that air time was not a core pension right because it was not granted as deferred compensation…

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