A federal court has ordered Philadelphia District Attorney Larry Krasner and two supervisors from his office to apologize to the family and survivor of vicious murders. The DA’s Office made representations to the trial court that the office had consulted with the family before conceding the death penalty for the murderer. The Case and Decision     In the mid-1980s, Robert Wharton terrorized the Hart family for months. Wharton burglarized the Hart’s home repeatedly, left threatening messages, and ultimately killed Bradley and Ferne Hart ..read more

    On March 25, 2024, the California Supreme Court ruled that time employees spent awaiting and during exit security procedures was compensable as “hours worked” because the time was subject to an employer's control. Huerta v. CSI Elec. Contractors, No. S275431, (Mar. 25, 2024) 2024 WL 1245291.  The employer required security checks of vehicles prior to beginning work each day and upon leaving. The checks caused delays of up to 30 minutes.     The Court also provided guidance regarding on-duty meal periods, holding that employees must be paid at least min ..read more

    On Monday, March 25th, 2024, the Peace Officers’ Research Association of California, the California Association of Highway Patrolmen, the California State Sheriffs' Association and the Crime Prevention Research Center (CPPC) filed an amicus brief in support of a Petition for Certiorari to review the constitutionality of New York’s new concealed carry law, which severely restricts the places CCW permit holders may carry concealed handguns much like California’s Senate Bill 2 (SB 2).       The brief is in connection to the U.S. Supreme Court case of Ivan A ..read more

Watch the oral argument below:     On March 14, 2024, partner, Kathleen Mastagni Storm, presented oral argument in the Sixth District Court of Appeals over the City of Palo Alto’s illegal repeal of binding interest arbitration for Fire and Police Department employee disputes. The legal battle started in 2011, when the City of Palo Alto unilaterally placed Measure D on the ballot repealing binding interest arbitration from the City’s Charter. Prior to the change, the Charter required disputes involving wages, hours, and other terms and conditions of employment be submitted to bi ..read more

On February 23, 2024, Peace Officers Research Association of California (PORAC), the California Association of Highway Patrolmen (CAHP), the California State Sheriffs’ Association (CSSA), and the Crime Prevention Research Center (CPPC) filed an amicus curiae brief in the Ninth Circuit Court of Appeal in the case May v. Bonta.  Granting an injunction against the "sensitive places" restriction in SB 2, District Court Judge Cormac J. Carney repeatedly cited PORAC President Brian Marvel's declaration explaining that instead of focusing on law abiding CCW permit holders, the State sh ..read more

    California Governor Gavin Newsom signed several new employment laws impacting California employees. Unless otherwise specified, those laws, which are summarized below, took effect on January 1, 2024.   S.B. 616: Sick Leave Expanded from Three to Five Days & Procedural Guarantees Extend to CBA Employees      Senate Bill (S.B.) 616 amends the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), the statewide paid sick and safe leave law, by increasing the required paid sick leave that an employer must provide each year from three days ..read more

The History of the PTSD Presumption  This blogger greets you again, but with the topic of Post Traumatic Stress Disorder (PTSD) and Labor Code § 3212.15 (the PTSD presumption). The PTSD presumption under Labor Code § 3212.15 is distinct from general psychiatric injuries under Labor Code § 3208.3 and was first introduced, passed, approved and chaptered in 2019 through Senate Bill 542 and was amended through Senate Bill 623 that was introduced, passed, approved and chaptered in 2023 which amended subdivision (f) and added subdivision (g) which extended its sunset expiration date to Janua ..read more

On January 6, 2024, a three-judge panel on the Ninth Circuit Court of Appeals dissolved a stay of a district court’s injunction against Senate Bill 2’s near-total ban on CCW gun carry in the state. In so doing, the Ninth Circuit has largely restored the status quo prior to the SB 2 ban on licensed concealed carry in nearly all public places.  Moreover, PORAC President Brian Marvel has been actively supporting the litigation, Mays v. Bonta, that obtained the issuance of an injunction against the carry restrictions in SB 2. By SB 2’s plain terms openly admit “[i]t is the intent of the Legis ..read more

Effective January 1, 2024, AB 2188 amends Government Code section 12954 (Fair Employment and Housing Act “FEHA”) to prohibit an employer from discriminating against an employee or applicant for cannabis use off the job and away from work.  SB 700 further amends section 12954 to prohibit employers from requesting information from an applicant for employment relating to the applicant’s prior use of cannabis.  This legislation establishes enhanced protections for marijuana use by elevating its use to a protected status under FEHA, which protects the right and opportunity of all per ..read more

New regulations adopted by Department of Justice (DOJ) regarding RIPA, the California Racial and Identity Profiling Act of 2015, reporting requirements conflict with anti-discrimination protections afforded to all California employees. RIPA was enacted to address concerns of bias and discrimination through racial and identity profiling within law enforcement agencies. RIPA requires officers to report their perception of personal characteristics of the individuals stopped (e.g., age, gender identity, sexual orientation, race/ethnicity) along with the reasons for the detention/search ..read more