When ARE YOU working out of your classification? With Increasing frequency there is out-of-class work in City employment. Solving the problem "without rocking the boat." When to file a formal grievance; possible outcomes. Resolving classification problems at the bargaining table.

12 WARNING: DON'T CALL A LAWYER (for a workers comp case) UNTIL YOU'VE EXHAUSTED YOUR GRIEVANCE PROCESS

If you call a lawyer: 1) City won't talk to you or your rep anymore; and 2) you may get a settlement but lose your job. Association's role in protecting your job.

13 WHAT DOES THE ASSOCIATION DO FOR ME?

Legal role of the union: monitoring City legal actions, enforcing and expanding employee rights via 1) bargaining and 2) grievance process. Representation of group vs. individuals. Structural/Legal relationship among members, Board and staff.

14 WHO YOU GONNA CALL?

Who to call with various kinds of work-related problems: When to call union rep? Board rep? When to talk first to supervisor? When to go to Payroll department? Another governmental agency? A lawyer?

15 HOW NEGOTIATIONS WORK

Negotiations calendar. Role of the Board, the Professional Staff & the Members. How do we measure 'successful' negotiations? What aggrieved members can do. Legal role of bargaining team. What is impasse? Legal right to go to Council.

16 CONTRACTING OUT: HOW PUBLIC EMPLOYEE UNIONS CAN FIGHT BACK

Legal limitations on public employers' right to contract out services. Obligations to notify and/or meet and confer with Association. Association strategies: communication with Council; legal challenges.

17 UNDERSTAFFING & WHAT YOU CAN DO ABOUT IT

Identifying if your workplace is understaffed. Identifying problems: denials of rights, injuries, stress, etc. When to file a group grievance? How long to be a "human sponge." City funding, the recession, the employee & the taxpayer.

18 FLSA - OVERTIME LAWS

Summary of FLSA guidelines. Answers to questions: can I be compelled to work over? What if I want money instead of comp time? Can the Association "negotiate away" our overtime? Can the City be required to make overtime equally available to all employees? What is work?

19 FLSA – EXEMPT

Does being exempt from FLSA mean that I am "at will?" What are my rights as an exempt employee?

Articles Library Summary and Links to Articles.

Click here to access Articles 20 - 29 in the Articles Library.

20  SEXUAL HARASSMENT:  THE "REASONABLE WOMAN" STANDARD

New legal standards for sexual harassment cases. What to do about on the job harassment. Use of the grievance process vs. 'informal solutions'.

21 IS THE CITY REALLY BROKE, AND WHAT DOES THAT MEAN TO ME?

Why are California's Cities so hard up financially? Effects of recession on tax base; different taxation sources for City funding. Cities must consciously rethink spending priorities. Labor and Management should work together to talk about increasing revenues/cutting expenses. Are service cuts inevitable? CAN cities violate the labor contract due to financial problems? Can they lay employees off? What are the rules for any given layoff procedure?

22 PUBLIC POLICY RETALIATION

Employees who report violations of Public Policy, or what they believe "in good faith" to be violations, cannot be disciplined or retaliated against for the report. Included are examples of violations and possible forms of retaliation that an employer may use.

23 THEY CAN’T FIRE AN INJURED WORKER" …OR CAN THEY?

Disability retirement – what if I am so disabled that I can’t perform the essential duties of my job? Does the City have to apply for my disability retirement? Is a Skelly hearing required if the city proposes to fire me, but not for disciplinary purposes? Which is better for me – disability retirement or age-based retirement?

24 COMPARISON OF FAMILY LEAVE ACTS

Summary of the new laws and how they can benefit you. Why the new laws should be incorporated into MOU's.

25 VIOLENCE AT THE WORKPLACE

"Recognizing signs of violence and what can be done about it. Is there anyway to protect myself or my co-workers from such harm?" What obligation does my employer have to protect me?"

26 LAYOFFS AND THE LAW

Right of Association to meet and confer over effects. Notification requirements. Goal of negotiations (extent of 'effects.') "Can union block layoffs?" Seniority requirements of law. Legal remedies (wrongful termination actions.)

27 BUDGET CRISIS: AN EXCUSE FOR TAKEAWAYS?

Potential for Management 'takeaways' of benefits earned since last great Depression. Where to 'draw the line' at exploitive work conditions. Documenting these conditions. Group grievances. Current threats to workers compensation, Retirement and overtime laws.

28 SHOULD WE NEGOTIATE "ALTERNATIVES" TO LAYOFFS?

What are 'alternatives?' (Wage reductions, paid leave and benefit cuts, furlough programs, etc.) Danger of reopening contracts. Potential divisions among membership. Role of Board of Directors. Role of Political Action Committee, with City Council, etc.

29 WHO DO WE REPRESENT?

Scope of Association coverage of: 1) Various classifications in bargaining unit; 2) Legal rights of non-members of an Association. What services can be denied non-members?

Click here to access Articles 30 - 39 in the Articles Library.

30 CAN THEY GIVE OUR JOBS TO A PART-TIMERS or VOLUNTEERS?

How can public employees prevent permanent erosion of bargaining unit jobs? What does the law say about giving permanent City jobs to temporary or "contract" employees? How to grieve City's replacement of permanent jobs with "part-timers?"

31 RETIREE HEALTH BENEFITS

Do you have the right to same benefits that were in place when you were hired? Can the City change the retirement plan, or retiree health benefits, after you retire? To what extent are these benefits subject to negotiations? Subject to changes in the law? What is the employees’ recourse if these rights are violated?

32 COURTS STRENGTHEN 'NO DRUG TESTING' RIGHTS OF PUBLIC EMPLOYEES

Because of constitutional privacy rights, employers can not require urinalysis-based drug testing of all job applicants and promotional candidates without sufficient justification. The city must now show a compelling interest in the testing that outweighs the applicant/employee’s fundamental right to privacy.

33 SHOULD YOU "JUST BE GLAD YOU'VE GOT A JOB"???

Where should you draw the line when asked to take on extra work? What is the difference between being a "team player" and being exploited? What laws protect you from being forced to work overtime, do dangerous tasks, etc. Are we being "blackmailed" at the bargaining table to give up rights with the threat of losing our jobs?

34 CHEMICAL DANGERS IN YOUR WORKPLACE

Do employees have the legal right to know what hazardous chemicals they are exposed to? Where can employees go to find out what chemicals they are exposed to and whether these chemicals are carcinogens and/or reproductive toxins?

35 PERS MILITARY BUY BACK PROGRAM

"I’ve heard that PERS provides a program which enables veterans to get extra retirement income for serving in the military. If this is true, how can I sign up?

36 ASSOCIATION'S RIGHT TO PARTICIPATE IN LOCAL POLITICS

Can you be prevented or "discouraged" from participating in local political activities? Most impasse procedures (for resolving contract negotiations) and many grievance procedures (for enforcing the contract) end up in the hands of the City Council. Much as City Management prefer you NOT communicate with the Council; there is no legal reason that can block you from doing so.

37 WHEN CAN I BE HELD "LIABLE?"

"My wife is working with disabled children. As part of her duties, she has to ferry them around to various public facilities. Is she liable if something happens?"

38 VIOLENCE ON THE JOB

Most people who are victims of violence know their attackers, particularly true in the workplace. Women are nearly twice as likely as men to be victims of workplace violence. This article discusses the "signs" of potential violence in your workplace, and what to do when you notice them…

39 INTERPERSONAL PROBLEMS ON THE JOB

Workplaces are complicated settings where some people get along better than others. If a supervisor has decided you're a problem employee, life at work can feel unbearable. This is when a meeting between the employee, the supervisor and a skilled third person can prove constructive. A process called mediation…   the use of an 'outsider' to help reconcile opposing sides in a dispute. Your union staff person can serve as a mediator to help resolve problems with your supervisor.

Click here to access Articles 40 - 49 in the Articles Library.

40 MEDICAL LEAVE CAN BE "REASONABLE ACCOMODATION" UNDER THE ADA

In California public workplaces, sometimes employees become disabled WHILE EMPLOYED. This article discusses what options an employee has to continue working with a disability, and the employer's obligation to provide continued employment and/or accommodation for the disabled employee.

41 ENHANCED RETIREMENT

In January 2002 the much-coveted "Enhanced Retirement Law," AB616, went into effect. Cities, counties and water districts may now contract with PERS for the "2.5% @ 55," "2.7% @ 55," or the "3% @ 60" formulas on behalf of their "Miscellaneous" workforces. Key word here is "MAY;" AB616 is what we call an "enabling law." It’s up to each collective bargaining unit to convince its local Councils, Boards and Management to implement a higher level of benefit. Here are some strategies for convincing your employer to implement one of these plans.

42 WORKERS COMPENSATION: A PRIMER

Summary of benefits provided under California Workers Compensation Law. Explains the many options the employer has in responding to an employee's claim. Delineates how the procedure actually works and when the victim needs an attorney. Explains role of employee representative as "liaison" in the system.

43 RANDOM DRUG TESTING UNDER THE D.O.T.

What the Department of Transportation really says about drug testing...the basics, the effects, and unnegotiated expansions of the policy.

44 EXCESSIVE ABSENCES...or NOT?

What are your legal rights when management tries to discipline you for medical related absences? A summary of how the FMLA, CFRA, ADA, CalPERS Disability Retirement, Workers Compensation and Skelly laws may be able to protect you.

45 THE EMPLOYEE ASSISTANCE PROGRAM (AND WHY IT COULD BE A RESOURCE FOR YOU…)

Most public employers in California have established "Employee Assistance Programs" which are available for intervention or help when you need it. Learn how you can talk to a psychologist or licensed family counselor through the "Employee Assistance Program."

46 CALPERS- (CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM)

PERS is now offering a wide array of "contract enhancements’! Find out how you and your employer can upgrade your MOU to include these.

47 LEGAL RIGHTS OF SALARIED EMPLOYEES

When your employer may and may not discipline you by deducting wages from your paycheck.

48 DECLARING "IMPASSE"

Step by step summary of the use of the Impasse Resolution Procedure in the bargaining process.

49 PUBLIC EMPLOYEE RELATIONS BOARD (PERB)

Because of substantial changes in the law, employees associations in cities and water districts may now take disputes with their employer before the Public Employee Relations Board. "PERB" is the administrative board, created 1976, which oversees labor relations throughout the State, but "local agencies" were previously excluded from PERB jurisdiction and forced to take legal matters to the Court system. Now even small associations may take their violations of local rules and unfair practices claims to PERB, for swift, affordable resolution.

Click here to access Articles 50 - 59 in the Articles Library.

50 "MWD" DECISION: COURTS FIND THAT ‘CONTRACT LABOR’ IS EVASION OF PERS RULES

A recent landmark decision involving the MWD said that if a contract employee (one who works for a contractor working for MWD) who crosses the 1000-hour threshold must be placed into the PERS system.

51  RECESSION…AGAIN?

It’s all over the news again: ‘The Recession.’ How true is the threat? What does this mean for future wages and benefits? What kinds of ‘incursions’ on our current MOU’s might we expect? How can we best prepare and/or draw the line? The answers vary from jurisdiction to jurisdiction, but here are some general strategies – learned from the last "Great Recession."

52 WHAT IS AN MOU, ANYWAY

What is the ‘right to bargain’ and what topics can bargaining cover. How much authority does the MOU (contract) hold. What happens if the City refuses to adhere to it? What is the role of the Public Employment Relations Board? What is a "Management Right?" What happens if the Union fails to enforce the MOU?

53 COURTS CRACK DOWN ON "COMMON LAW" EMPLOYEES

"Common law" employees raise questions about who’s really the employer. Recent legal decisions force employers to provide benefits to "temp agency" employees who actually work for local governments.

54  WHAT THE BROWN ACT REALLY SAYS

When can City Councils and District Boards meet in "executive session" to discus employee matters.

Under what circumstances can employees associations communicate with – or meet with – their political leaders. What kinds of private meetings violate the Brown Act?

55  NEW LAW PROTECTS AGAINST DISCIPLINE FOR OFF-DUTY CONDUCT

Passed in 2001, a modification of the labor code enables public employees to file claims for lost wages if their employer has disciplined them for legal activity off the job. Does NOT protect employee against discipline for illegal activity – either on or off the job….

56  RELIGION IN THE WORKPLACE

What is the employer’s legal obligation to protect employees from religious discrimination? To what extent must the public agencies allow employees to practice their religion on the job – or take time off the job for religious activities. What legal steps can employees take if they believe they are victims of discrimination?

57  MATING & DATING ON THE JOB

Does your employer have the right to restrict you from dating someone at work? Could your job be in jeopardy if you date or marry a co-worker? What is a Nepotism Policy? Is it negotiable? Where do we draw the line between "dating" and sexual harassment?

58  STATE DISABILITY INSURANCE – EXPANSION OF SCOPE

2002 change in the SDI law will allow employees to apply for and receive assistance with injury and illness for members of immediate family as well as themselves – IF your employer contracts with SDI. If not, it should be on the bargaining table. The law does not take effect until Jan 2004. The article discusses the application of the new law.

59  "VICTIMS LAW"

Modification of The California Labor Code as to Victims’ rights. Employers cannot retaliate against an employee who is a victim of a crime and has to take time off to comply with a subpoena or court order, or who takes time off to obtain relief as a victim of domestic violence. In addition, employers cannot discriminate against an employee for serving on a jury if reasonable notice is given to the employer.

Click here to access Articles 50 - 59 in the Articles Library.

FEHA ACCOMODATION

Employers must enter into a "serious interactive discussion" to identify alternative job assignments for employees who become disabled. Recently, the appeals court has clarified that this onus falls on the employer. The employer is most familiar with the workplace and the courts lean strongly in favor of an employee who is able to prove that his employer did not engage in "good faith interaction".

SAFETY: WHAT THE LAW SAYS

Do I have a right to report safety problems on the job? Where can I go to see the written OSHA standards on the internet? Your right to refuse to work if a situation has serious, direct hazards.

HAAS DECISION- HEARING OFFICERS MUST BE IMPARTIAL

Hearing Officers selected by or paid for solely by Management are not "impartial" under the requirements of law because they have an interest in being re-hired and cannot be used. "Due Process" under the law requires the hearing officer to be free of any direct, personal or pecuniary interest in a matter.

WORKPLACE VIOLENCE SAFETY LAW

1995 CA law allows employer to secure restraining order against an individual who presents a "threat of violence" in the workplace. Fearful employers fear not.

DISCRIMINATION

What is the difference between discrimination, unequal treatment and mistreatment? What constitutes "harassment?" The legal definition of "discrimination" and the laws that protect you from discrimination in the workplace.

A GENERATION OF (New) RIGHTS

25 years ago, public employees could be fired "at will" and California had almost NO labor or employment laws. Today, city and water district employees have Skelly Rights and are also covered by family medical leave laws, harassment and discrimination laws (including the Americans with Disabilities Act;) laws that protect their vacation and retirement money; laws protecting their Contracts (wages, benefits and work conditions) against the political whims of City Councils or the public – and the right to enforce their Contract in front of the Public Employment Relations Board. Summary of all labor/employment rights and laws that have come to life in the last generation.

RETIREE HEALTH ANNUITIES

Employee controlled Medical Annuity Programs can relieve burden of retirement health costs. A retiree health annuity program is like a group savings account. Contributions are made into a trust fund which can be used for specific purposes by participants that meet certain criteria. After retirement, employees can draw on the fund for payment of medical expenses or premiums. Everyone in the bargaining unit contributes equally, and once the trust is fully funded, everyone who meets the eligibility requirements may draw upon it equally.

PERS 5-YEAR SERVICE CREDIT PROGRAM

New PERS 5-year Service Credit Program competes with other retirement plan options. The new law takes effect January 1, 2004, and PERS members can invest further in their PERS retirement accounts rather than investing in other vehicles such as 403(b) or 457 plans. Your Association does not need to negotiate an agreement with the City. . Purchase options for any number of years up to five, in whole years only; and payments over a period of years is an option.

PERS "AIR TIME" MIGHT COST MORE THAN IT’S WORTH

The much-celebrated PERS "buy your own service credit" program is actually turning out to be one of the most expensive investments you can make – unless you’re still many years from retirement. This is because the price for purchasing service credit is actuarially determined: the greater your age, income and current years of service, the more the addition years will cost you. But for employees who are about to retire, or for those who DO want to invest the extra cash, it might be an excellent program. This is something you can investigate for yourself by going into the PERS website directly.

TAX SHELTERING LEAVE PAYOFFS AT RETIREMENT

When you leave your public employer, you have a right to be paid for all accrued vacation leave and "comp time." Many associations have managed to negotiate "payoffs" of all or part of your unused sick leave. If added to your final year’s pay, theses monies can push you into a much higher tax bracket. Associations have begun to negotiate tax-shelter programs to enable you to receive the full amount of these retirement payoffs (which can sometimes be in the 10’s of thousands) with taking a tax deferment. The financial vehicle which can be set up to "shelter" your excess funds is called a 401(a) account. Once established, when you retire, you may put all or part of your leave payoffs into this tax deferred account, which, literally, defer you tax liability. At the point which you take your money out of the 401(a) it becomes subject to taxation.

WHAT IS THE CONSUMER PRICE INDEX?

The CPI stands for Consumer Price Index. It is a set of government-published statistics which presumes to measure the increased cost of living. In many people’s minds, "COLA" and the "CPI" are synonymous, but there is no legal or formal connection between the terms. In fact, tying the two concepts together can be bad for public employees. This is because the published CPI is often much, much lower than your real cost in your living. In general, the CPI is a tool used by the government and by employers to satisfy their constituents demand for cost-of-living adjustments, but to keep these adjustments relatively low. A more useful bargaining strategy involves determining what employees need the most in pay and benefits increases, as well as what the employer can afford – and to negotiate for these directly.

WORKERS COMPENSATION ’04 "REFORMS"

On April 19, 2004, Governor Schwarzenegger signed into law SB 899. The provisions of this bill constitute a major overhaul of the Workers’ Compensation System in the State of California. While Workers’ Compensation reform has been very common in the last decade, never have we ad such sweeping reforms. Unfortunately, the result of SB 899 will be that injured workers in the state will have a more difficult time processing a claim and securing medical treatment. This article reviews of some of the major changes in the workers comp system, most of which take effect January, 2005.

FAIR LABOR STANDARDS ACT

The Fair Labor Standards Act has been revised to allow employers more "loopholes" in the definition of what is a "salaried" employee. The new law went into effect August 23, 2004, and it is estimated that millions of employees may now lose their abilities to collect overtime. Thus, the "salary test" which said that supervisors and administrators were NOT exempt if they spent more than 20 percent of their time "in the field" has been eliminated. "Highly compensated employees" (those who earn $100,000 per year or more) may now be considered automatically "exempt." Non management employees in production, maintenance, construction, and similar occupations will continue to be entitled to overtime pay, no matter how highly paid they might be.

On the positive side, if an employer has a practice of making improper deductions from the paychecks of FLSA-exempt employees, the employer now risks losing its exemption for the entire job classification.

STRESS! What it is. and Why You Probably Can’t "Go Out" on It!

A "stress claim" is a workers compensation claim. Stress claims are real; people ARE made sick by the chronic fatigue or chronic frustrations of their jobs. A few jobs are recognized by the Courts to be so stressful that employees’ stress claims are regularly granted. But most employers fight most stress claims, and most stress claims are (at least initially) rejected. Further, the new workers comp laws have made it harder and harder for employees with stress-based injuries to prevail. What are some of the methods for resolving stressful circumstances on the job?

LAWYER CONFLICT: Neutral Hearing Boards Can’t Be Guided by Employer-side Attorneys. Employees threatened with major discipline have the absolute right to "Skelly Due Process." This is a two-part hearing process: first an informal meeting with Department Management to allow you to respond to the charges; and second, a "full evidentiary hearing before a reasonably impartial non-involved reviewer." In many public agencies, this "reviewer" is a Personnel Board or Civil Service Commission. On the surface, this is good. All too often, however, this neutral hearing Board is advised, legally, by the same attorney who serves as the advocate for the City or disciplinary proceedings. In other words, the "neutral" hearing board is given advice about how to conduct its proceedings by the same person who is assigned to WIN in those proceedings.

THERE OUGHT TO BE A LAW…

1) When are pay raises required? 2) What is an employer required to pay for weekend or night work? 3) Don’t I have to be paid overtime after eight hours in a day? 4) How are vacation, sick leave and holiday pay computed? When must they be paid? 5) I thought federal holidays had to be paid at time-and-a-half…? 6) How is severance pay calculated and when is it due? 7) When must breaks and meal periods be given? 8) Are periodic performance evaluations required? 9) Can an employee be required to perform work outside of the employee's job description? 10) How many hours per day or per week can an employee be forced to work? How much rest time must be provided between work shifts? 11) When is double time due? 12) If I work overtime, but am sick during the same pay period, my employer subtracts my sick leave from my overtime pay. Is this legal? 13) My employer tells me that I have to take "comp time" instead of overtime pay, when I work overtime. Is this legal?

DRUGS, ALCOHOL & YOUR PUBLIC JOB

In the late 1980’s, Congress passed the "Drug Free Workplace Act." This law was used by many public agencies as the basis for enacting - or attempting to enact – random, unannounced drug testing in the workplace. "Reasonable Suspicion" testing has no legal meaning in the workplace. The federal Department of Transportation did establish guidelines for the random testing of heavy vehicle drivers. Although most employees cannot be compelled (under most circumstances) to provide urine or blood samples for substance testing, they CAN be compelled to cooperate with workplace inspections. There is essentially NO privacy in a public work place.

PERS DISABILITY RETIREMENT

When a public employee develops a disability while on the job, whether the injury was work related or not, retirement may be his only option. This is true despite the presence of the ADA (Americans with Disabilities Act) which requires the employer to "reasonably accommodate" a disabled employee by modifying the workplace or offering alternate employment. The fact is that the majority of people who develop permanent disabilities while working for public agencies end up losing their jobs. PERS does have a program for people in this situation, but it is NOT generous, and is often not competitive with one’s normal service requirement. To be eligible for a CalPERS Disability Retirement you must have at least five years of service. If a disabled employee is not yet age 50, then Disability Retirement is the only retirement option. Further, if an employee disability retires, you cannot ask to age-base retire when you become eligible.

CAN THEY MAKE ME TAKE A LIE DETECTOR TEST?

Both California and Federal law forbid employers from requiring public employees to take lie detector (polygraph) tests. While the employer can cooperate with the police in making a public employee available for a polygraph in a criminal investigation, the results of such a test cannot be used to discipline the employee. The law also forbids simulated use of a polygraph to mislead an individual into confession.

RIGHTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY

Under Federal law, employees called to active duty in the Military Reserve or National Guard have the right to return to the same or similar position as the one they were employed in at the time of the call up. Employees must give prior notice of the call up. (The amount of notice varies with the length of the call up.) Upon return from active duty, an employee is entitled to have their seniority restored and the length of service for purpose of sick leave, vacation and FMLA rights is calculated as if the employee remained on the job.

YOUR RIGHT TO A FAIR HEARING

Everyone knows when they have been treated unfairly, but what – legally- is a Fair Hearing. This article explains your rights to representation (Weingarten Right) and to a fair hearing and due process under Skelly Law at your job in the public sector.

ARE THE RICH GETTING RICHER AND THE POOR GETTING POORER IN PUBLIC EMPLOYMENT?

The rising cost of housing, gasoline and medical care means that it’s getting harder and harder for the average public employee to make ends meet. Southern California has become one of the toughest places in the nation to "make it." This hardship is not evenly distributed, however. Managers, police and fire, tend to do better than general employees in most cities and this fact worsens the budget pressures on blue collar and clerical workers. This article explores bargaining strategies associations find helpful in strengthening their position at the table when it comes to getting Cities to distribute money more equally in contract negotiations.

VEHICLE LIABLITY

What happens when you have an accident in your employer’s vehicle? This article explores the Government Code sections that define an employer’s liability for automobile accidents that occur in the course and scope of employment. Employers are responsible for damages arising out of ordinary negligence in work-related automobile accidents. Employees are responsible for violations of the law, work rules and criminal or malicious behavior.

IS THERE STILL RACISM IN THE WORK PLACE?

A discussion of the definition of racism and the laws that protect you from it. Also discusses EEOC and FEHA as enforcement tools.

HOW DOES OUR ASSOCIATION WORK

How have public employee labor associations evolved from social organizations to unions that negotiate MOUs, Enforce the MOUs with the grievance procedure and represent members who have gotten on the wrong side of management to protect their rights. What are the obligations the Association has to its members? What determines how the Association conducts its business and where to draw the line ?

"PRESENTEEISM:" THE HIGH PRICE WE ALL PAY WHEN YOU MUST COME TO WORK SICK

Presenteeism: the loss in productivity caused by employees who come to work when they are suffering from illness or injury. There are concrete actions employers may take to reduce the incidence of "Presenteeism." Many people suffering from chronic conditions don’t know what to do -- except to keep on trying to work. "Presenteeism" is just the tip of the iceberg….

WHY IS MY ASSOCIATION DEFENDING THAT JERK?

It is unquestionably true that unions spend a significant portion of their members’ resources defending people who are threatened with discipline. Your Association’s goal is not to enable guilty people to avoid discipline; it is to try to bring about an even playing table: to make management treat everyone fairly. The Association isn’t defending a jerk; it’s defending a process. For all the disadvantages of this system the alternative is worse.

HOW MUCH IS YOUR TIME WORTH?

The US Department of Labor has, held the opinion that "prep time" is work time. Most employees "clock in" as soon as they arrive at work, but many are told that they are not to clock in "until the door opens" to the public or until the crew leaves the yard. These directions clearly violate the federal Fair Labor Standards. The legal guideline for determining whether someone should be compensated is that "any time an employee is subject to the control of the employer" he must be paid

WHEN IS A "LAST CHANCE" REALLY A LAST CHANCE?

Last Chance Agreements are cropping up more and more often in public workplaces as a way to avoid costly and time-consuming disciplinary hearings. An LCA generally warns an employee that he’s done something seriously wrong, and that if it happens again, he won’t be given another chance.

The majority opinion among legal experts today that the LCA is a "binding modification to the collective bargaining agreement" which enables the employer to avoid progressive discipline but doesn’t enable them to avoid a "Skelly" hearing, and possibly a full arbitration or Board hearing. In other words, the threat that an employee has waived his right to appeal if he signs a Last Chance Agreement may be nothing more than that: a threat. . If you are innocent – and up for the fight – you should think twice before signing a Last Chance Agreement.

CEA STAFF DEFEND EMPLOYEE RIGHTS AT PUBLIC EMPLOYMENT RELATIONS BOARD

Since our clients have come under PERB’s jurisdiction, the attorneys at City Employees Associates have file more than 20 "unfair practices" complaints (and won almost all of them.) We thought it might be interesting for you to hear about some of these: PERB tells Pasadena it Can’t Deny Pay Adjustments to Probationary Employees; Rainbow Water District Can’t Deny Employees’ Right to Representation, Can’t Advise Employees that they are "at will," Can’t refuse to Deduct Dues, Can’t Terminate a Probationary Employee for "whistleblowing."; City of Lomita Can’t Refuse to Allow Representatives at an Investigative Interview; UNSUCCESSFUL CASES… Water District Clerks Can Sue for Proper Job Class, but not 10 Years after the fact; Finally…Although clerical staff was improperly classified as "confidential," Association Should Have Objected Back When Misclassification Occurred.

THE INTERACTIVE PROCESS: WHAT IS IT AND HOW DO EMPLOYEES BENEFIT FROM IT

This article discusses the legal obligation of the employer to enter into an interactive process with an employee who has been injured on the job and it looks like there will be limitations on the employees ability to perform the essential duties of the job. Specifically, It is the thorough analysis of an employee's medical limitations in relation to his job, to determine how the job can be modified (or the employee reassigned) so he can continue to work. Employees have the right to be represented in such meetings, and the burden is on the employer to show that the employee can perform his – or any other available – job.

FREE SPEECH: WHERE DO WE DRAW THE LINE BETWEEN DISSENT AND INSUBORDINATION

This article discusses the extent to which an employer can direct or control your speech while on the job. While the First Amendment guarantees you the right to free speck without fear of retaliation from the government, it does not grant you license to talk about anything or anybody while on the job without consequences from your employer.. This article provides several clear examples of what is OK and protected speech and what is not… and recommends that you think twice and speak once about complaints about co-workers or bosses. The existence of e-mail makes this doubly important because there is now a written record of what you have said about something.

INTERNS, TRAINEES & CONSULTANTS…WHEN IS AN EMPLOYEE NOT REALLY AN EMPLOYEE?

Public employers often invent new categories of labor (intern, consultant, trainee) to get work done cheaper and easier. These employees are hired outside of the local Personnel Rules and are under different wage-and-benefits scales than the permanent employees. Often these "temporary" employees replace permanent workers, which depresses the bargaining power of the permanent employees. What can you do? One, it may be a violation of your MOU to assign your duties to another job class, outside of the bargaining unit, at which point the association can file a grievance. Two, check to see if and when the Municipal Code or Civil Service Rules have been re-written to allow for At-Wills and Consultants. Three: It may be a violation of state law for a city not to acknowledge the permanent status of its employees (ex: Metropolitan Water District case).

WHAT CAN A PROSPECTIVE EMPLOYER ASK ABOUT YOUR MEDICAL HISTORY?

The answer lies in the 1990 Americans with Disabilities Act, which prohibits employers from discriminating against employees on the basis of disability -- at all phases of the employment relationship: from job interview to termination. Under the ADA employers may not ask you any disability-related questions or require any medical information during the interview process. The employer CAN ask questions to determine whether you can perform specific job functions, such as lifting a certain amount of weight. Employers may not ask applicants about job-related injuries or their or workers compensation history. Once an employer has made an actual job offer, it may ask about your workers' compensation history, physical impairments, and general physical and mental health. The job offer may be withdrawn on the basis of results of disability-related questions or a medical examination – but this must be because of the demands of the job, and the difficulty of "accommodating" the prospective employee’s impairment.

THE MEYERS-MILIAS-BROWN ACT: CITY EMPLOYEES BARGAINING LAW

Although it seems as if we’ve been doing contract negotiations forever, the law establishing city employees’ right to organize is not even 40 years old. In 1968, with the passage of the Meyers-Milias-Brown Act, employees at "local agencies" (cities, counties and special districts) in California gained the right to form unions and "collectively bargain" a contract over "changes in wages, hours and terms of employment." Today there are enforceable standards for fair treatment for City employees, due process and respect for their negotiated agreements. This doesn’t mean that employers never violate the contract or that employees are never mistreated, but it does mean that there are, now, strong legal procedures in place for setting bad situations straight. The road from weakness and chaos to relative stability is marked by dozens of decisions which "fleshed out" the Meyers-Milias-Brown Act. These still control the process today, and this article outlines a few, including: the adoption of "reasonable rules," management rights vs. negotiable topics, cities in financial crises, and other issues governed by the MMBA.

BACKGROUND CHECKS

Employers have the right to conduct background checks on their current or potential employees. This article discusses the kind of information that is and is NOT included in these checks, the laws governing the investigations, and the recourse the employee has if the City compiles incorrect information.

MY BOSS HARASSES ME! WHAT SHOULD I DO?

With so many personalities, cultures and communication styles, how do we get a handle on what constitutes harassment in the workplace? More importantly, what can we do to respond to it? Harassment can refer to an extraordinarily wide spectrum of offensive behavior – much of it "in the eyes of the beholder." By strict definition, the term refers to "behaviors that are found threatening or disturbing, beyond those that are sanctioned by society." Found by whom? If we ask the Courts, those types of speech which are repetitive, persistent and untruthful could, possibly, be considered harassment. In other words, the legal threshhold for "proving" harassment is very high; in a country which allows free speech, one person’s claim of harassment could easily refer to another’s normal behavior. Even in the realm of sexual harassment, only those behaviors which are repeated, persistent, unwanted advances, will meet the definition of harassment in the workplace. This article discusses what to expect when filing a harassment claim, as well as discussing what constitutes discrimination.

WHAT IS THE DIFFERENCE BETWEEN A PROBLEM AND A GRIEVANCE?

Contrary to popular opinion, "filing a grievance" is not a terrorist act. Your Association’s grievance procedure is nothing more than an in-house mechanism for asking the City to fix a problem. It can be a problem with your pay, your work hours, your job assignment, your equipment or furniture, your interaction with your supervisor, etc. Legally-speaking, not all "problems" are, grievable matters; but, at the informal stage, the distinction doesn’t matter much. A grievance is simply a request that someone in authority give some attention to your legitimate, work-related problem. This article discusses the steps of the grievance process including early communication, time limits, going formal and possible outcomes.

FAMILY MEDICAL LEAVE ACT- A DECADE LATER

When the FMLA was passed in 1994, there were threats that it would cause widespread disruption and/or bankruptcies among small employers who could not afford to "float" an employee for months off the job. In the years since ’94, none of the dire warnings have come true, but millions of people have enjoyed the "luxury" of taking care of themselves, or their seriously ill spouses and children without the double fear of losing their jobs. This article reviews the rights you have under the FMLA as well as the proper procedure for filing paperwork and returning to your job.

WHAT IS ARBITRATION?

Arbitration is a formal hearing procedure, much quicker and less expensive than court, but with the agreed-upon authority for resolving a wide range of "civil" disputes. Arbitration is generally, but not always, the final step in an association’s grievance procedure. There are two basic kinds of cases that may, if your MOU provides for this, be heard by an arbitrator: grievances and disciplinary appeals. This article discusses the two types of arbitration cases, as well as PERB’s role in the process.

YOUR RIGHT TO A LIFE: WHEN MUST YOUR EMPLOYER ACCOMMODATE YOUR PERSONAL NEEDS?

This article summarizes the laws that protect employees under a variety of situations, including: accommodation for illiteracy, privacy of police records, alcohol and drug rehabilitation, garnishment of wages for child or spousal support, harassment and discrimination, military duty, jurors and witnesses, retaliation for filing a workers comp claim or calling CalOSHA, off-duty conduct, elections officer, political activity, polygraph exams, surveillance, whistleblowing, attending children’s school activities, and pregnancy, disability and family illness.

CAN THEY JUST CHANGE MY JOB?

This article tackles the difficult "gray zone" between the Association’s right to meet and confer over changes in "wages, hours or conditions of employment" and Management’s right to manage. Can they just change your job? Absolutely- but usually not without extending the opportunity to you. Even in situations where the State mandates new certifications, the Association has the right to negotiate how these new mandates are implemented (e.g. which members must maintain them, monetary compensation, etc). Not all changes are significant enough to merit the meet and confer process, and the courts have decided these largely on a case by case basis. In general, it is safe to say that if you are asked to perform duties that either 1) are not on your job description, 2) are clearly enunciated on another position’s job description, or 3) clearly differ from the work you believe you were hired to perform, you are experiencing a significant change.

ARE PUBLIC EMPLOYEES GOING BACKWARDS IN BENEFITS?

Though public employees continue to get raises, it has become harder and harder to make ends meet as their medical costs exponentially increase. A new philosophy in Human Resource Departments touts "shared benefits," which purportedly makes employees share responsibility for their health by sharing a cost that used to be free. Actually, benefits for public employees were never really free; they were part of an unspoken "deal:" trading lower wages than the private sector for better benefits, job security and a retirement plan. Today, however, the "deal" is being thrown out, and you are being invited to "share" in your own costs. This article explores some possible solutions to the health care crisis and its impact on cities and their employees.

WHEN DO I HAVE THE RIGHT TO A REPRESENTATIVE?

This brief article goes over your "Weingarten Right" to have a representative present during meetings with Management.

WHAT ARE MY "SKELLY" RIGHTS?

In the late ‘70’s, the California Supreme Court established your "Skelly Rights." This means that public employees must be provided a "pre-disciplinary hearing" with management before they may be suspended (for five days or more,) demoted or terminated. This article details your rights under Skelly and how the disciplinary appeals process works in public agencies.

WHO QUALIFIES FOR OVERTIME PAY AND WHY?

What does the federal overtime law (the FLSA) really say about the distinction between exempt and non-exempt employees? This article describes the criteria by which an employee’s position may be deemed "exempt." There are four basic classes of exemptions: Administrative, Executive, Professional and Computer-related. The crucial distinguishing factor, though, between those employees who qualify for overtime and those who don’t is the exercise of independent judgment and discretion more than 50% of the time. You can contact an Association Rep or the Department of Labor if you feel your job has been misclassified; you may be due a substantial amount of back pay.

G.A.S.B.

This law stands for the Governmental Accounting Standards Board. In 2001, the "creative" accounting methods of ENRON, their subsequent implosions and criminal indictments caused GASB to investigate how such a colossal fraud could have been perpetrated on the public -- and the employees -- for so long. As a result of this investigation, new guidelines were issued in 2004, called Statement 45. Statement 45 changes the method in which cities report retiree benefits. Here is a brief explanation of the impact of those changes and how they will affect you.

NEPOTISM

Nepotism is defined as "the favoring of relatives and friends because of their relationship to someone in power, rather than because of their abilities." There are no laws governing personal relationships in the workplace. However, most employers have nepotism policies, which are negotiable. Although often ignored, these policies are enforceable. If people in a relationship work together in a capacity where one might be able to "bestow benefit" upon the other, the employer can absolutely require them to make a choice: either discontinue the personal relationship OR expect an involuntary end to the "reporting relationship" via termination or transfer. If an employer wants to create, or change it’s nepotism policy it must "extend the opportunity to meet and confer" to any of the unions who’s members it may affect.

PERS SERVIVOR BENEFITS

When an employee dies there are many factors that determine what happens to the retirement monies that have accrued. Your employer can tell you which PERS option (if any) your Association is currently contracted for. Upgrades are negotiable, for information about how survivor’s benefit may work for you; it’s best to call PERS in Sacramento Directly.

TIME OFF

There are many leave laws that apply to public employees in California. Family Medical Leave Act and the California Family Rights Act. Most people have familiarity with the FMLA (1994) and the CFRA (1991.) These laws require employers with 50 or more employees to allow an employee who has been there for at least 1250 hours in the previous year time off the job (up to 12 weeks) to care for ones own, or an immediate family member's, serious illness. These laws have radically altered practices in that employees no longer have to choose between their children's health and their jobs. It also gives people with chronic conditions or those recuperating from injury or illness a reasonable amount breathing space before their jobs are in jeopardy.

CALPERS

CalPERS has been going to considerable trouble lately to improve "customer relations." Part of this effort involves the new toll-free  "interactive" phone system to assist members with answers to questions about its many new program options. The new  customer service number is (888) CalPERS (225-7377). There are options for designating non-spouse beneficiaries, and member home loan options CalPERS offers.

PREGNANCY LEAVE

There are four applicable laws regarding maternal leave, one federal and three state laws:

The federal Family Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave for a "serious health condition" related to pregnancy.   This law is largely preempted however, by the more liberal Pregnancy Disability Law, which is part of the California Fair Employment and Housing Act. This law provides up to four months leave if an employee is unable to work because of a pregnancy. The right to bond with your infant is covered by the California Family Rights Act, which provides for up to twelve weeks for this purpose. In other words, it is possible to take a maximum, for maternity leave and childcare in California, of seven months leave. This length of time requires some support from the doctor, but it is possible. Read the full article for all of the details.

OATH OF OFFICE

When you are hired by a public agency, one of the many documents you may be told to sign is an "Oath of Office" agreement. The state of the law today is that you CAN be compelled to cooperate. So what exactly is an oath of office and how does it apply to you? It's a document that says two things; The first paragraph of the state's loyalty oath affirms that you will "support and defend the Constitutions of the United States and the State of California against all enemies, both foreign and domestic." The second section states that you are not a member of any organization advocating the overthrow of the government by force, violence or other unlawful means. Agencies differ in whether or not they will require you to sign a loyalty oath; but they absolutely may require you to sign, as a condition of employment, however there are some religious exceptions.

GOLDEN HANDSHAKE

Several years ago, the state legislature approved a PERS "Golden Handshake," which MAY BE offered by public employers as an incentive for early retirement. The benefit consists of two years’ service credit, which can significantly enhance the amount of a retirement payment for an employee who’s thinking about "stepping down." The benefit isn’t free (it has an actuarial cost for implementation) but it is intended to provide a mechanism for financially troubled agencies to downsize by eliminating positions on a positive note, rather than through layoffs.

WHISTLEBLOWERS

"Whistleblowers," people who report suspected illegal activity, are "protected" against retaliation by both state and federal law. The reason that there are such laws is that retaliation is common. The decision on whether or not to "blow the whistle" should not be made lightly. If you're not sure what is legal or illegal the first thing to do is call your union representative.

RIGHT TO REMAIN SILENT

Public employees are beginning to understand that they have the right to remain silent. In past years employees could be held insubordinate and be fired if they refused to answer employers' questions. This is now changing as a result of a major new decision that changed the state of the law. Now public employees will have the "right to remain silent" unless the employer wishing to conduct an interview provides actual immunity of information before the interview starts.

AT WILL EMPLOYMENT – WHAT DOES IT REALLY MEAN?

Temporary employees are not only cheaper than full-timers, they are also much easier to motivate. A part-timer is also not going to file a grievance as frequently as a full-timer would. But, no matter how they got there, "at will" employees have the direct effect of depressing the bargaining power and job security of all permanent employees. After all, when you work side by side with someone who is doing the same job without job security, you don't have a lot of leverage to improve your own situation! What follows, therefore, is a summary of strategies to enable city employees unions to stop the replacement of their jobs with part-time and at will labor.

C.O.B.R.A.

C.O.B.R.A. is an acronym for the Consolidated Omnibus Budget Reconciliation Act, which was enacted in 1986. Its primary purpose was to require employers to continue to make health insurance available, temporarily, to people who are leaving job, but do not yet have another job, or another source of insurance. It also requires that the employer continue to provide the insurance at a rate that is the same as it was when the former employee was working. As the cost of medical insurance continues to skyrocket, as companies continue to consolidate and layoff, and as fewer and fewer employers are willing to pay the full price of health care – especially for retirees, COBRA has been a godsend for larger and larger segments of the American population.

PORTABILITY HEALTH CARE LAW

The Health Insurance Portability and Accountability Act of 1996 made sweeping changes to the health insurance industry. The new law says that, if a worker was covered under a plan at the prior job, then the new insurance must cover the condition. Insurance Company Availability - Some workers for small employers have been denied insurance altogether due to a medical condition. Insurance companies will no longer be able to do this. If the insurance company is in the market, it must take all applications. Guaranteed Renewability - In the past, some insurers have withdrawn their coverage because of bad experience with an employer or an individual. Under this law, the insurer must permit employers and individual employees to renew, so long as they have paid their premiums.

SEXUAL HARASSMENT

Sexual harassment falls under federal and state laws that prohibit discrimination on the basis of an individual’s membership in a "protected" group or class of people. Protected classes involve age, disability, religion, race, national origin and gender. Employers are prohibited from discriminating against an individual based on that individual’s gender—that is sex discrimination. Sexual harassment is a type of sex discrimination and falls into one of two categories; unwelcome verbal or physical conduct, or. Quid-Pro Quo sexual harassment.

WHO’S GOT THE POWER?

It seems that some public employees (public safety and top managers, for instance) are treated a lot more "equally" than others! These employees have an easier time feeding, housing and educating their families because their salaries and benefits are not only substantial, but substantially disproportional to their numbers in the workplace. Thus, in some jurisdictions a Police Officer or Fire Fighter will cost nearly three times as much as a Maintenance Worker or Accounting Clerk! So, in those cities, it is only after huge chunks of the budget are set aside for Management and Safety that the remaining "general" employees are left to squabble over the remainder.

DISCRIMINATION LAWS

In the employment arena, laws now prohibit "discriminatory practices" based on race, sex, religion, national origin, physical disability, age and, most recently, sexual orientation. People who meet these criteria may be considered members of "protected classes;" it is illegal to treat people differently on the job because they are members of these classes. The courts have found that "discriminatory practices" may occur in any aspect of employment: hiring, promotion, job assignment, termination, or compensation. Harassment may be an example of discrimination, but not all harassment is evidence of discrimination.

PERS FRAUD LAW

Disability retirements can be lucrative, and there is currently no penalty for the filing of a false PERS disability claim. For safety employees a disability retirement is worth far more than a service retirement, because disability payments are not subject to income taxes. This year, however, CalPERS is fighting back to protect its members’ assets. It is sponsoring anti-fraud legislation that would make it a crime to provide false information with the intent to enhance ones retirement benefit. This bill is similar to current laws regarding workers compensation fraud, and conviction of fraud could be punished by up to a year in county jail and a fine, in addition to paying back the illegally obtained benefit.

MOONLIGHTING

It’s not unusual for employees to have second jobs or "side businesses." This isn’t illegal, of course, but for public employees it can be problematic. The question about whether the City has the right to ask about, or possibly interfere with, your other job comes to up regularly, and despite the fact that, yes, this is America and yes, you do have a constitutional right to privacy, the overwhelming answer is Yes: the City does have the right to information about your outside employment.

WHAT IS A "CONFIDENTIAL" EMPLOYEE?

A "Confidential Employee," under Government Code 3513 (the state labor law) is "any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management’s bargaining positions

What this means is that confidential employees are the staff who either sit in with Management and the City Council or process paperwork for them, relating to the City’s contract bargaining positions.

DEAF RIGHTS

A significant portion of our population is either born with, or develops, hearing impairments over the course of their work lives. Although illegal, discrimination against people with hearing problems is common. This can be a potential violation to the Americans with Disabilities Act (ADA), but deaf people, like most are reluctant to press charges. With little expense, hearing-impaired people can perform almost any job that an unimpaired person can perform.

WHY YOU PROBABLY CAN’T GET YOUR BOSS FIRED…

The vast majority of supervisors and managers achieve their positions because they work hard, learn their fields, and are fair and reasonable in their dealing with others. But every once in a while there’s a bad apple. Their subordinates vary widely in the response to mistreatment. You DO have the right to file a grievance over mistreatment on the job. Legally-speaking the grievance procedure is the enforcement mechanism of your Association’s MOU. Most Contracts include language about employees’ right "to a safe, healthy and harmonious work environment," and most cities also have published anti-harassment policies, which tell you how to file a complaint, with or without the assistance of your union.

WHAT MUST YOU EMPLOYER CONTRIBUTE TOWARDS BENEFITS?

There are a few possible pension plans designed to help save for retirement. Most Cities and Water Districts participate in the California Public Employment Retirement System, or CalPERS. However, there are also county retirement systems and privately-funded retirement programs. Payment into your pension is provided by both employer and employee. As an employee your rate is a fixed percentage (6%-8%) of what you make, while the employer’s rate is "experience rated." This means that based on the plan’s usage and effectiveness the contribution amount is allowed to vary in an attempt to fully cover future predicted costs. Many cities and districts have agreed to pay for both of these contributions. For healthcare PERS health requires contributions of $97.00 starting in 2008 and will increase with each year. The City is not required to provide health care, but such opportunities are often factors in contract negotiations.

MUCH ADO ABOUT GASB

The high cost of retirement benefits have been melodramatically labeled a "ticking time bomb of financial collapse." The State General Accounting Standards Board with "GASB 45" states that public agencies in California must calculate the amount of their future benefit liabilities and make sure they have methods for being able to pay for these. Despite a "pay as you go" philosophy, CalPERS is 90% pre-funded and thrives on the idea that a large sum of money reinvested in itself will provide self-sustained income for retirement benefits. Public employees must battle public discontent over the cost of these benefits. However, Constitutionally, the Contracts Clause protects benefits considered part of "contemplated compensation." So deferred payment is provided for extended quality service in what is called "vesting." Contracts are often renegotiated, but you can not lose your benefits. The contract you enter into is honored at retirement.

CALL OUT

If you are called by work after leaving for the day, or are required to return to work, or a work related project you are eligible for the Call-out policy. To receive call-out policy pay benefits one must meet two requirements: 1)Eligibility to receive overtime, 2) Called to a job location after leaving for home. This is not paid travel time, but a policy which can provide two to three hours of overtime pay for work required that may interfere with your home or social life as you’ve constructed it around your schedule. The idea behind the Call-out Policy is that employees should be rewarded for enduring this kind of inconvenience. Call-out policies are negotiable and if not available, the Fair Labor Standards Act applies.

ERGONOMIC REQUIREMENTS

Ergonomics is the science of determining the best available arrangement of employees’ work sites and work tools to minimize skeletal-muscular injuries. In response to this epidemic, OSHA (the Occupational Safety and Health Administration) published extensive guidelines for ergonomically safe workplaces. They are outlined in this article.

WEINGARTEN

Your right to union representation at investigatory interviews was established by the U.S. Supreme Court as the result of a 1975 case entitled NLRB vs. Weingarten. Employees have Weingarten rights ONLY during investigatory interviews for information gathering. If the employee has a reasonable belief that discipline could result from what he might say, he has the right to union representation. You and your representative have the right to know the subject of the meeting in advance. The Supreme Court has acknowledged that a union representative may assist and counsel his client during a questioning meeting. Today, employees who work in non-unionized workplaces are not entitled to have assistance with them in an interview with their employer -- even if the affected employee has reason to expect discipline.

MINIMUM WAGE

The minimum wage is typically "indexed" to inflation. When the minimum wage goes up there is proven evidence of a "spillover effect" on most hourly wage jobs. There are also correlations between pay increases and stimulating the economy. Contrary to belief that an increase in wage causes job loss, the Fiscal Policy Institute found better performance after the hike. A living wage versus minimum wage: legislation would determine a new "minimum" given the standard demands of cost of living and would put California’s pay rate at $11.50 an hour.

RIGHT TO STRIKE

When Management gives its "last and final offer," the Association has the choice to strike. Usually unpaid while on strike many employees fear losing their jobs and medical and retirement plans. Also options are voicing concern to the public, City Council, or top management. Also impasse can be declared and a mediator brought in. If "good faith bargaining" is violated charges can go to PERB. Public employees have the right to strike except in two instances: 1) when their union or Association has agreed to a "no strike" clause in the contract (the MOU), or 2) if the employees’ perform public safety duties, such as police officers and firefighters.

DISPUTE RESOLUTION

Your "rights" as an employee are stated both in your "Memorandum of Understanding" and in state and federal law. If you feel these rights are violated the legal mechanism at your disposal is the grievance process. First, informal notification to Management to spark discussion, but if this doesn’t provide a resolution a written grievance (with the help of your association) creates discussion under time constraints and will permit appeals to a higher authority should the outcome not be satisfactory. The State Agency PERB (Public Employees Relations Board) provides a free service to analyze claims and call hearings with results typically within months. Management prefers to solve problems before they escalate and few claims make it to PERB.

UNEMPLOYMENT INSURANCE

Established under Federal law, unemployment insurance provides a maximum of $450 per week and can provide benefits to unemployed workers. One is eligible for UI if he or she is was terminated unjustly or forced to quit due to intolerable conditions. The Employment Development Department (EDD) will conduct interviews to determine eligibility based on this subjective criteria. Things like location change or change of job duties justify "intolerable" conditions however. UI benefits are issued every two weeks and must be reported on federal, but not state income tax. The unemployed worker must show an active attempt to look for work in a written claim to the EDD every two weeks. If circumstances cause you to be unemployed and you feel unjustly denied these benefits you should follow through with an appeal. Your association can help you.

PERS INVESTMENTS

The California Public Employees Retirement System held assets of more than $247 billion in 2007. This money provides for the secure retirements of about 1.5 million current employees. However, this money is not only from employee contributions. Last year 76.8% of PERS expenditures came from market earnings. With PERS as one of the State’s largest investors the economy is stimulated from an influx of money in equities and real estate. A board of 13 (six elected by PERS members i.e. city employees) overlooks these investments. The PERS Board has as number one obligation to protect members’ funds. Even if investments turn sour PERS must pay employees based on their agreed retirement plans. This amount is concrete and doesn’t change with the market.

CITY’S RIGHT TO KNOW YOUR MEDICAL CONDITION

Under both the state and federal Family Medical Leave Acts, your employer has the right to know that you may have a serious medical condition, which may require that you take time off the job. The time missed must be estimated by your doctor, but you are not required to provide any additional information. The City may not contact your doctor or send you to their own. If asked to sign an authorization form to grant access to medical records, you have the right to deny such action without retaliation. However, upon return to work from illness or injury a clearance form must be provided by your doctor that includes any provisions your physical/mental state may require.

VACATION BENEFITS

Vacation benefits are voluntary in California. If employers do provide vacation pay this time is considered "earned wages." When in a union the conditions under which vacation benefits may be used, saved or converted to money, are negotiable. Under the law, vacation time is earned proportionately as labor is rendered. Vacation time must be paid at an employees current wage rate.

COST OF LIVING ADJUSTMENTS

"Cost-of-living adjustments" are slipping behind the actual cost of living, while at the same time, public employees are being asked to absorb expenses that they never had to before. This financial squeeze is present in health care costs, affordability of transportation, housing and education. Employees must make sure they’re getting their just due.

FAMILY MEDCIAL LEAVE FOR MILITARY FAMILIES

The FMLA for military families has been expanded: 1) Active Duty Leave: Employees can take up to 12 weeks off because of a "qualifying exigency" (i.e. emergency or need) if an immediate family member is called to active duty and 2) Injured Service Member Leave: Employees can take up to 26 weeks off in a single year to care for a family member in the Armed Forces who is ill or was injured in the course of duty.

THE DIFFERENCE BETWEEN LAW AND JUSTICE IN THE PUBLIC WORKPLACE

Beyond basic laws, almost all "terms and conditions of employment" are the product of negotiations. Most terms and conditions of employment are the subject of bargaining. Almost all public employers have come to offer benefits, because they need to recruit and retain good employees, but (as we’ve seen a LOT in recent years) employers can also attempt to take them away. Your Association’s key function is to "make a deal" with Management for the best possible wages, benefits and working conditions, and then make sure the agreement is written down. This Contract (or MOU) then takes on the force of law – at least at your workplace.

A PRIMER IN "PAST PRACTICE"

The courts define a Past Practice as "a practice that exists for a reasonably long time, occurs repeatedly, and is known and accepted by both the association and management." Unions invoke the "past practice" argument when Management wants to change something – and there are no written rules to stop them. Past practices ARE enforceable, but only when: 1) The Practice must be identifiable AND agreed-upon. Absent clarity (and often even with it) management may argue either that they are not changing anything OR that that they are exercising a "Management Right" to make this "operational change;" 2) It IS a Management Right to make operational changes, but Past Practices trump Management Rights – as long as they are agreed-upon practices. The phrase "operational changes" is highly subject to interpretation. If it’s a change in "wages, hours or conditions of employment," it’s negotiable (and shouldn’t be changed without bargaining.) 3) Past Practices don’t mean a thing if they are contradicted by the MOU (or any other local rule.) In this case, the City MAY make changes in line with the language in the Contract, but it can’t make OTHER changes.

WHAT IF I’M ACCUSED OF DOING SOMETHING ILLEGAL?

People who work for public agencies do work with the public. On very rare occasions, there are real sparks. Here are some do’s and don’ts when accused of doing something illegal. The most important thing is not to panic. Neither your job nor your freedom can be taken from you without a full hearing. Even when accusations are completely false, you are likely to be taken off the job, brought in for questioning, and possibly threatened with termination or incarceration. When you are called in for questioning you have the right to bring a representative, and you have the right to know whether you will be questioned about any matter that could lead to prosecution. If you end up being arrested, the police will have to provide you with your "Miranda Rights" – and, of course, you’ll have a right to an attorney. If you can’t afford an attorney, the Court will provide you with one. You cannot be terminated merely for being investigated or even arrested by the police. You really ARE "innocent until proven guilty." If the City begins disciplinary proceedings and you believe you are innocent, or not guilty of such a severe infraction to merit the discipline, call your union rep.

WORKPLACE PRIVACY

Your "right to privacy" in your private life, does not, for the most part, carry over to the workplace – especially a public work place. In general when you’re at the employer’s worksite or on "on the employer’s dime," the protection against being bothered, watched, listened to or even searched, is a myth. You do have protections against unreasonable searches of your private effects, personal phone calls, medical records and personnel records, etc. This article summarizes some of your most important workplace privacy rights.

WHAT IS "WIN-WIN" BARGAINING?

The traditional view of negotiations between labor and management is adversarial: the two sides sit on opposite sides of a table and try to haggle, cajole or threaten the other side into giving in to their demands. In recent years, however, new methods of negotiations have been cropping up, toward the goal of taking blood and heat out of the process. The underlying premise is that both the people who run the city and the people who work for it have significant mutual interests. This article discusses the nuts and bolts, goals and objectives of what is also known as "interest based bargaining."

YOUR RETIREMENT BENEFICIARY: WHO GETS "UNDISTRIBUTED CONTRIBUTIONS" IN YOUR ACCOUNT AFTER YOUR DEATH?

If you are public employee in the PERS system, contributions are made to your retirement account on behalf of both the employer and the employee… When you retire, you will be asked to choose a beneficiary who will receive your one-time death benefit. Here is a summary of how it works.

WHEN MUST THE CITY NEGOTIATE BEFORE MAKING A CHANGE IN THE WORKPLACE?

Most people agree that your union’s most important function is to negotiate your Contract. By law, that Contract (also known as a Memorandum of Understanding) can encompass any aspect of "wages, hours and terms and conditions of employment" that the parties can agree upon. The formal bargaining process takes place every few years. But what about changes the City wants to make to your job in the MIDDLE of a contract? A new job spec, for example? Or a drug-testing program? Or dress code or e-mail policy? What if the City wants you to attend training classes or get a new certificate? This article explains what steps the employer must take to make changes in your job or workplace "away from the table" It also explains what steps the Association may take to block unwanted mid-term "modifications of terms and conditions."

DISABILITY INSURANCE: A PRIMER

Everyone knows that if you’re hurt on the job, you are covered by workers compensation. But what if you

fall off a ladder at home, or are in a car accident on the way to work? What if you have a heart attack and need to be hospitalized? Your loss of income will not be covered unless you have disability insurance – and there is no obligation for public employers in California to provide disability insurance. This articles covers State Disability Insurance, Private Disability Plans, and enforcement of those plans.

PERS VISION PLAN

Assembly Bill 1997, currently pending a second hearing in the California legislature, would establish a self-funded vision care program for state, county, city and utility district employees, who retire under CalPERS. The plan specifically authorizes PERS to contract with one or more vision care plans, then to set up a payment program for retirees who wish to purchase this insurance. The payments will be deducted from retirees’ retirement checks.

VARICOSE VEINS MAY BE AN INDUSTRIAL INJURY 

Varicose veins are an under-reported industrial injury, and may require surgery or other medical attention. In some cases, the law may recognize them as a permanent medical impairment, triggering your need for "accommodation" on the job. If your job entails hours of standing or walking, your varicose veins are likely to be considered a work-related injury. You DO have the right to require your employer to take care of this condition and to cover your loss of income if you must take time off for treatment.

WHAT DOES PERS DO WITH YOUR MONEY?

The California Public Employees Retirement System (CalPERS), which derives from employer and employee contributions, is earmarked to provide for the secure retirements of about 1.5 million current employees and more than 400,000 current retirees and beneficiaries. Most people don’t know that the vast majority of money actually paid out to retirees comes from PERS’ investments. This article addresses: (1) How CalPERS invests its money profitably. (2) Who decides how your money will be spent? (3) How safe are your retirement dollars? (4) Local control over benefit level.

SICK LEAVE: IS IT A "RIGHT" OR A "PRIVILEGE?"

This article covers sick leave benefits, how most public employees obtain it, the difference between vacation time and sick leave, and some of the myths surrounding sick leave.

CALIFORNIA MAY PASS THE FIRST PAID SICK LEAVE LAW

Sick leave provisions vary by city, state and industry. On May 28, 2008, the California Assembly passed a bill that would require paid sick leave for all employees. AB 2716 by Assembly member Fiona Ma would permit employees to use up to nine days of paid sick days a year for personal illness, to care for a sick family member, or to recover from sexual assault or domestic abuse. Businesses smaller than 10 employees would provide five days.

WHAT IS SEXUAL HARASSMENT?

This article gives updated information on the definition of "Sexual Harassment", different forms of harassment, and defines the "Reasonable Person" standard. The article also lists 7 components the Courts have listed as a sexually harassing environment as well as the steps to take if you believe you are a victim of sexual harassment.

NEW CALPERS MEDICAL RATES ARE IN

These are the new CalPERS rates, which go into effect January 2009. The rates are based upon the county in which you live. In some cases they have actually gone down. Keep in mind that this October 2008 is "Open Enrollment Period" if you want to make a change in your plan. You may want to look at your Association’s MOU to before deciding whether this will be beneficial for your family. Employer contributions vary from city to city.

THE DIFFERENCE BETWEEN AN ASSOCIATION MEMBER

AND A FEE PAYER UNDER THE AGENCY SHOP LAW?

The vast majority of public employees unions in California have Agency Shops, and, in most cities and districts, everyone in the bargaining unit chooses to be a member. This article explains the difference between members, fee payers, and religious objectors and also explains the rights and benefits that are reserved for members only.

ARE PUBLIC EMPLOYEES SECURE?

Does having a union mean that public employees’ jobs ARE MORE SECURE? Without a union, you might have very limited capacity to defend your job at all. This article covers the right to due process and the factors that secure your retirement and medical benefits.

NO RETALIATION FOR EXERCISING YOUR "FAMILY RESPONSIBILITY RIGHTS"

With the passage of the federal Family Medical Leave Act, employees gained the right to use up to 12 weeks of time without threat to their job or their benefits. Retaliation can take a variety of forms and this article covers this subtle form of discrimination.

IS YOUR RETIREMENT MONEY SAFE?

This article discusses PERS investments, the economy, and employee/employer contributions.

DOES THE CITY HAVE THE RIGHT TO TELL YOU WHAT TO WEAR?

Does a public agency have the right to interfere with your right to "be yourself" on the job? Do their rules about dress or hair or tattoos violate your First Amendment right of self-expression? Can dress codes be a form of discrimination? And does your union have any say in this matter, anyway?

NO WORKPLACE RETALIATION FOR FILING BANKRUPTCY

It is illegal for your employer to discriminate against you for filing for bankruptcy protection or to discriminate against you for associating with someone who has filed for bankruptcy. Government lenders cannot withhold student loans because of a bankruptcy either.

YOUR RIGHT TO PLAY POLITICS

California is one of the few states that require employers to allow employees time off to vote and which prevents them from disciplining employees for holding political positions. On the other hand, most government agencies are strict in prohibiting employees’ "partisanship" on the job. This doesn’t mean that they aren’t allowed to have opinions, or even to share those opinions with one another. It means that they can be disciplined for using any of their employer’s resources, including time, to carry out political activities.

POST-TRAUMATIC STRESS SYNDROME: NOW A RECOGNIZED DISABILITY

PTSD is now recognized as a disability, not simply a temporary state of mind. It often requires medical attention, and is treated, legally, the same as other disabilities under the Americans with Disabilities Act.

CIVIL RIGHTS, A HISTORY

Today, as racial and ethnic discrimination becomes less overt, many more claims are filed over gender, disability, and age discrimination. This article gives a brief history of civil rights progression since the sixties.

IRS 125 FlexPlan

Also known as a Flexible Benefits Plan, IRS 125 plans enable you to pay certain medical and dependent-care costs on a pre-tax basis. The money spent is never taxed, so (based on your tax bracket) you can save 15% to 28%. The IRS allows un-taxed income to be spent on a wide range of medical costs that may not be paid by your employer: monthly insurance premiums, prescriptions, co-pays, medical equipment or prostheses, eye exams, glasses, laser eye surgery, even medically necessary cosmetic surgery. In the category of dependent-care, you may use pre-tax dollars to pay for child care, a nanny in your home, even home care for an ailing parent.

MUST I RESPOND TO A SUBPOENA?

A subpoena is not like a party invitation to which you can graciously reply that you cannot attend. Generally, public agencies pay their employees when they are subpoenaing you, but not when you’ve been called by an outside source. This articles explains the process.

TEXT MESSAGE PRIVACY

Employees often have text-messaging capacity on devices provided by their workplace, and, they often use the devices to send personal messages. The courts have held that state and federal constitutional privacy rights were violated when personal text messages were reviewed. This practice, the Court said, superseded the published Internet policy! The general rule is that IF the city has a written policy governing e-mail or phones, your privacy rights – even in text messaging -- may be minimal.

HOW LOW CAN YOU GO?

HOW MUCH SHOULD PUBLIC EMPLOYEES "CONCEDE" DURING BAD FINANCIAL TIMES?

You have some STRATEGIC CHOICES… Even if you are in the middle of an MOU, it is likely that the City is going to ask your Association for some economic concessions. (In fact, it’s also possible that they will try to take a few "concessions" without asking!) This article also addresses what a reasonable bottom line is. To start with, you need to know what "concessions" your employer can simply impose on you -- and which require your agreement.) In short, the City does not have the right to ignore your Union Contract – even in the face of fiscal emergency.

DEFERRED COMPENSATION: CAN YOU ACCESS YOUR "RAINY DAY MONEY" NOW?

Your deferred comp account is intended to become available to you (or your family) at retirement, termination, disability, or death. As more and more current employees are struggling with high bills and mortgages, however, questions about your right to access this money NOW have been coming up often. The answer is that deferred comp accounts may be cracked open while you are still working under "conditions of severe hardship created by an unforeseeable emergency." The IRS establishes no formal definition of "unforeseeable emergency." Each case depends on the particular facts and circumstances. But, as a rule of thumb, if your need for cash can be relieved with reimbursement from insurance, liquidation of your assets, or discontinuing deferrals under the plan, then it will not qualify as an unforeseeable emergency.

WHAT IS A FURLOUGH?

CAN THE CITY "MANDATE FURLOUGHS?"

A furlough is a fancy word for an involuntary, unpaid leave of absence. Furloughs are usually implemented to save the employer money without reducing employees’ wages directly. A furlough is a "takeaway" from your negotiated Contract. Employers cannot impose them without "extending the offer to meet and confer." As with any change in terms and conditions, if you’re in the middle of a contract, your Association CAN decline to bargain.

CalPERS Loses 25% of "Paper Assets"

(BUT YOUR RETIREMENT MONEY IS SAFE)

For many years, the vast majority of retirees’ "pay outs" from PERS have actually come from its stock market earnings on your employer’s contributions, rather than from those accumulated contributions themselves. What happens when the stock market does really, really poorly: Earnings drop and the value of the funds dwindle. This has no effect on the amount of benefit you’ll receive when you retire. PERS is a "defined benefit plan," which means that it MUST pay you according to the formula (2.0%, 2.5%, 2.7% at 55 or 3% at 60) which your Association has negotiated. But it DOES mean that your employer’s contribution rate goes up. How does it affect your job? There is NO direct effect. Your retirement money is secure and the amount of your future retirement checks is defined by law.

THE STATE OF THE LAW ON FURLOUGHS

How does the imposition of furloughs on state employees affect you? This article answers questions about the how furloughs work and some topics to consider before agreeing to them.

MONEY-SAVING IDEAS

This article is in-depth look at Why You Should Probably Talk to the City about Cost Savings Ideas (Instead of Talking about Layoffs and "Takeaways")

OBAMA EXEC ORDERS

PRESIDENT SIGNS EXECUTIVE ORDERS ON LABOR ISSUES

The President signed a series of executive orders that he said will "level the playing field for workers and the unions that represent their interests…" This article goes into more detail about those orders.

MEDICAL MARIJUANA

Medical marijuana has now been legal long enough in California for it to make its way into a myriad of Court decisions. Some important information for you if you have been prescribed marijuana for a medical condition.

THE "MCCAULEY INITIATIVE:" ANOTHER ATTACK ON PUBLIC EMPLOYEES’ RETIREMENT

This bill would enable state and local governments to break union contracts, including their employees’ retirement agreements. If passed and implemented, this initiative would fundamentally alter constitutional law.

CAN "THE TAXPAYERS" OVERRIDE YOUR MOU?

Legally-speaking this complex issue focuses on the interplay of state labor law with the laws passed in your own community.

NEW ORANGE COUNTY PENSION LAW IS BAD

(BUT IT ONLY AFFECTS EMPLOYEES OF THE COUNTY)

In November 2008, voters in Orange County approved an initiative which prevents the Board of Supervisors from enacting any improvement in employee retirement plans without the approval of the voters. This is a huge departure from normal labor relations business – a huge intervention by the public – but it is perfectly legal. Read more in this article.

ALCOHOLISM: IS IT REALLY A "WORKPLACE DISABILITY?"

It is true that the Americans with Disabilities Act (ADA) identifies alcoholism as a disability, requiring "workplace accommodation." It’s NOT true, though, that employees are permitted to be under the influence on the job.

NEW FEDERAL LAW ADDRESSES HEALTH INSURANCE FOR LAID OFF EMPLOYEES

The new stimulus bill, the American Recovery and Reinvestment Act of 2009, contains several provisions for laid off workers, including a subsidy for continued health insurance. It is applicable to BOTH public and private employees, covering anyone laid off between September 1, 2008, and December 31, 2009.

CREEPING SOCIALISM?

There has been much debate lately about "how much is too much" to ask the wealthiest Americans to pay in income tax. Congress will soon be voting on whether to raise the maximum tax, for the top 5% of earners, from its current 28% to 50%. Challengers call this "creeping socialism." We thought the subject justified some research and a little historical perspective.

STIMULUS & THE CITIES

President Barack Obama’s American Recovery and Reinvestment Act (ARRA), "The Stimulus Act" should hold special interest for city and utility district employees because the majority of the $787 billion will pass through the hands of state and local government. In fact, one of the stated purposes of the Act is to help other governmental agencies, so they may "avoid reductions in essential services and counterproductive state and local tax increases."

DEPARTMENT OF LABOR PLUGS "LOOPHOLES" IN FAMILY LEAVE ACT

The Family Medical Leave Act, passed in 1994, is essentially a "job protection law." You may use FMLA time intermittently: days or even weeks at a time. Employers can require the employee to use time that is on the books first, even if the employee wants to go on unpaid status initially. And, yes, employers can now require employees to provide medical "proof" that they (or their family member) have a serious condition. If an employee doesn’t want to provide medical information, employers now have the right to deny the FMLA claim.

PUBLIC EMPLOYEES BENEFITS "OUTRAGEOUS" & STILL CLIMBING ???

This is the first article in a 2-part series. Last month the Orange County Register printed another editorial insisting that public employees’ wages and benefits are "climbing shamefully," while the rest of the economy slides downward. We ask: Is it true that your wage and benefits package "continues to expand" during this recession? Do you feel that your job and benefits are secure? Is your retirement package excessively generous at the expense of the public? The public employees answer this question.

THIS TIME IT’S REAL: CITIES COME AFTER UNIONS FOR "TAKEAWAYS"

If your Association is in the midst of bargaining, a looming budget deficit becomes the biggest "player" in the room. If you are in the middle of a contract, Management CAN’T cut wages or benefits, but they CAN lay people off. Managing "fiscal crisis" in a service agency ALWAYS means cutting the cost of people who provide the service. Most of the time, cities save money by ceasing to fill vacant positions, hiring part-timers or temps and squeezing discretionary spending. For the first time EVER, the City really, really needs YOUR cooperation "at the table." No one knows more about how to cut operational cost or generate income at a public agency than the people who work there.

NEW LAW ENABLES STATE TO RECOVER FRAUDULENT UNEMPLOYMENT BENEFITS

A new federal law helps states collect fraudulent overpayments of unemployment insurance.

CALIFORNIA PUBLIC EMPLOYEES FILE CLAIMS FOR BACK WAGES

UNDER RECENT SUPREME COURT "DONNING & DOFFING" DECISION

In the public sector, employees often spend time "donning and doffing" special uniforms. The Long Beach Police Officers have now filed suit, and If YOU spend your time "doffing" a special uniform or protective gear, for the job before clocking in, you, too, may have a claim. You may be owed back pay or, at minimum, you may want to make sure that your "changing time" is PAID TIME in the future.

WHAT IS THE "GOLDEN HANDSHAKE"?

When the State legislature approved the PERS "Golden Handshake," it was offered as an early retirement incentive, in order to avert layoffs. The benefit which consists of two years’ service credit, must also be offered within a window period, between 90 and 180 days into the future. Read more details in this article.

WHERE DOES YOUR CITY’S MONEY COME FROM?

Public agencies in California vary wildly in financial stability. This is not only due to the obvious fact that some communities are wealthier than others, but that the sources of revenue can vary wildly. Utility districts, for example, are much more "recession-proof" than cities. Their incomes are based on ratepayers’ (predictable) demand for life’s necessities: gas, water, or electricity. Cities survive on the money they receive from the state, what they can assess in fees or charges, and local taxes. In California, State taxes have always been a prime source of income for the cities.

WHAT DOES THE PUBLIC OWE ITS PUBLIC "SERVANTS"?

As California’s state budget goes into complete "free fall," much of the money normally sent to the cities will be withheld. So, this year, most cities are dipping into reserves, many so heavily that there will be little left in 2010. Many are also freezing expenditures, slashing programs, furloughing or laying off employees, and asking their employees’ unions for "give backs."

Between the state’s problems and the overall recession, most agencies don’t have much hope for immediate increases in revenues. (After all, there’s only so much one can charge for business licenses or parking tickets.) Sacrificing employees – or preferably employees’ pay-and-benefit packages – seems the only option. BUT WAIT! Cities have the power to tax!

WHAT IS A DOMESTIC PARTNER?

In California, any two unmarried adults who reside together may file for "Domestic Partnership." This does NOT mean, however, that they are automatically eligible for medical coverage. There is no law requiring employers to recognize domestic partnerships for purposes of providing benefits. The CalPERS Health Plan, for example, grants benefits to some partners.

NEW PERS HEALTH RATES ARE IN for 2010

These new CalPERS rates are in, with increases from almost zero to 13.2%. These will go into effect January 1, 2010. In the last year, more and more employers are pressing to shift the burden of health care costs onto their employees. You may want to check your MOU to see whether the City absorbs the increase – or you do. The "open enrollment period" (if you are thinking about changing plans) is the month of October.

COULD I BE TARGETED FOR LAYOFFS?

As more and more employees lose their jobs, this question of discrimination – or "targeting" -- inevitably rises to the surface. Of course employers would rather terminate some employees than others. Even when the rules require a neutral selection procedure or an "order of layoff by seniority," layoffs can be an opportunity for employers to "clean house" of people they don’t like. This can be the case, despite strong laws against discrimination. After all, while it is one thing to allege discrimination; it’s another to prove it. This article is a discussion about the conditions requiring your employer to be "fair" in deciding who will lose his/her job during an economic downturn.

IS IT "DISCRIMINATION" FOR THE CITY TO ASK YOU ABOUT RETIREMENT?

The short answer is, No, a simple question is not evidence of discrimination. It is also perfectly legal for the City to offer you a "Golden Handshake" -- even if you don’t want to take it. Every case is unique. Feel free to call Association staff for assistance. If you do decide to retire, they may be able to help you negotiate your exit. If you DON’T want to retire, they will stop the harassment.

CAN THE CITY REQUIRE YOU TO TAKE A PERSONALITY TEST?

Psychological and aptitude testing are often used by employers when they are trying to find the best candidate for promotion or trying to unravel interpersonal problems in the workplace. The question is: when do these tests "cross the line" into invasion of privacy, or even violate your rights under HIPAA, which guarantees confidentiality of your medical records?

STATE SUPREME COURT SIDES WITH EMPLOYEES ON WORKERS’ COMP ISSUE-SANDHAGEN

Last year, the California Supreme Court in Sandhagen v. WCAB, sided with injured workers against the insurance industry on an important issue: the amount of time an insurance company may take to "review" a case before providing medical care.

FURLOUGHS, LAYOFFS & OTHER "TAKEAWAYS:" WHAT’S LEGAL?

This article is a very brief summary about the legality, and the actions your Association may want to take, in response to cost-cutting measures which may be cutting into YOUR job.