Our attorneys are frequently called upon to advise on a wide variety of employment and personnel matters, including employee discipline and dismissal, implementation of state and federal employment regulations, responding to discrimination, harassment, and retaliation complaints filed with DFEH or EEOC and related litigation, as well as all manner of employee discipline proceedings, including those resulting in appeals to state or federal courts.
We routinely provide advice regarding compensation and benefits in the form of guidance regarding the myriad laws which apply to school district employees, including the FMLA, FFCRA, CFRA, PDL, worker's compensation, and others. We also have experience preparing and negotiating employment contracts for school district executives, including superintendents, assistant superintendents, and as applicable, other administrative personnel.
We have successfully represented school districts for over 20 years with respect to “economic layoffs,” which can involve in excess of 100 certificated employees. In addition, we are experienced in negotiating “effects bargaining” related to layoffs and contracting out.
Our experience includes working with merit systems in both school and community college districts. We work closely with our clients to help them avert potential employee relations problems in a cost-effective manner. Helping our clients avoiding costly litigation is in the best interest of all.
Policy Development and Implementation
The attorneys at Parker & Covert LLP have substantial experience in board policy development, implementation, best practices, and employee mentoring. In this regard, our attorneys provide templates and advice for handling routine matters such as notices, advisories, and compliance statements. Most recently, we have used our expertise to serve our clients as a trusted partner in navigating the uncertain and unprecedented issues caused by the COVID-19 pandemic.
Parker & Covert attorneys are also available to provide independent investigatory services and under Title IX, Title VII, and Title 5. Our team of investigators are experienced in handling complex investigations, trauma-informed interviews, and providing interpersonal mediation services when appropriate.
In addition to investigatory services, Parker & Covert LLP also provides assistance in the development of district complaint procedures, Title IX policies, and Uniform Complaint Procedures.
With respect to employment litigation, our attorneys have represented school districts and community colleges in connection with all manner of administrative hearings, arbitrations, and litigation, including cases before the California Supreme Court and the U.S. 9th Circuit Court of Appeals.
We are also very experienced with the California Tort Claims Act, and its requirements for filing timely liability claims. When there are issues regarding the appropriateness or timeliness of a claim, we will review and provide appropriate responses for noncompliance. These are important issues which can result in protecting the District from liability based upon the protections provided in the Tort Claims Act.
Public Employment Relations Board
Our experience includes several significant decisions rendered by the California Public Employment Relations Board, including:
- Associated Administrators of Los Angeles v. Los Angeles Unified School District (2007) PERB No. 1884
- PERB determined that school district employer violated EERA provisions by refusing to bargain over seven job classifications that PERB previously found belonged in a supervisory bargaining unit.
- Long Beach Community College District Police Officers Association v. Long Beach Community College District (2008) PERB No. 1941
- PERB held that the District maintained the exclusive right to “contract out” work pursuant to the management rights clause in the parties' collective bargaining agreement. PERB issued a limited remedy based upon failure to engage in “effects bargaining.”
- Long Beach Council of Classified Employees v. Long Beach Community College District (2009) PERB No. 2002
- PERB reaffirmed in part and reversed in part its holding in Long Beach, PERB Decision No. 1564, and held that a charging party bears the burden of proving that the charge was filed within the six-month statute of limitations period.