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NLRB Upholds Decision that Investigative Confidentiality Rules are Lawful

Recently, the National Labor Relations Board upheld its decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), wherein the Board reversed precedent, holding that investigative confidentiality rules that by their terms apply only for the duration of any investigation are categorically lawful. In Securitas Security Services USA (April 14, 2020) 369 […]

Disclosing Positive Test Results: FERPA & HIPAA Considerations

Educational institutions, like private employers, have an obligation to provide a safe and healthy workplace.  To this end, when a district learns that an employee has been diagnosed with Coronavirus (“COVID-19”), the district must notify fellow employees of the potential exposure.  But how does a district balance health and safety with individual confidentiality?  What if […]

NLRB Decision Permits Confidentiality Directives in Workplace Investigations

The National Labor Relations Board (the “NLRB”) published an opinion that reversed earlier precedent and held that confidentiality provisions during workplace investigations are presumptively lawful.  This holding represents a significant shift from the employee-favored precedent established in prior NLRB decisions. Until the recent NLRB Board decision of Apogee Retail LLC d/b/a Unique Thrift Store and […]

California Expands Lactation Accommodation Rights for Employees

Effective January 1, 2020, the Labor Code has been amended to enhance the provisions pertaining to lactation accommodation. The legislation will require an employer to provide a lactation room or location that includes prescribed features and to provide access to a sink and refrigerator, all near the employee’s workspace. It also makes the denial of reasonable […]

Assembly Bill Adds 6 Weeks Paid Leave for School and College Employees

UPDATE: Governor Brown vetoed Assembly Bill 568 on October 15, 2017. Governor Brown encouraged districts to consider participating in the State Disability Insurance program to provide employees with additional paid leave and expressed his belief that decisions regarding maternity leave pay are best resolved through the collective bargaining process. Governor Brown’s veto message for this […]

Labor Code Legislation Mandating Equal Pay for “Substantially Similar

Labor Code Section 1197.5 has been amended by SB 358 and will become effective on January 1, 2016. The law prohibits employers, including school and community college districts, from paying an employee wage rates less than rates paid to the opposite sex for “substantially similar work.” The work is to be reviewed as a composite […]

Court of Appeal Clarifies Impact of Other Laws on Fitness for Duty Examinations

When an employer determines that an employee may not be able to do his or her job due to a physical or mental condition, a fitness for duty (FFD) examination is the remedy. But what happens when the employee asserts rights under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or […]

Affordable Care Act: Transition Rules for Educational Organizations

Click here to access Parker & Covert LLP’s June 4, 2014 guidance on the Affordable Care Act: Transition Rules for Educational Organizations.

Affordable Care Act Guidance for Educational Organizations

Click here to access Parker & Covert LLP’s Legal Guidance Letter from March 18, 2014.

Demers v. Austin: Ninth U.S. Circuit Court Of Appeals Concludes University Professor’s Public Comments On Department Reorganization Plan Constitute Matters Of Public Interest Requiring First Amendment Analysis

The 9th Circuit Court of Appeals recently determined that a university professor’s writings and comments on proposed department reorganization required an analysis under the First Amendment. By so concluding, the appellate court reversed the lower court’s decision that the professor’s speech did not address matters of public concern. Demers v. Austin, 2014 DJDAR 1190 (Jan. […]


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