Legal Update Memo No. 01-2021(CC) – Social Media and the Brown Act – AB 992 Clarifies Permissible Social Media Use by Public Officials (CCD)

Download pdf: 01-2021(CC) – Social Media and the Brown Act – AB 992 Clarifies Permissible Social Media Use by Public Officials w attachment (EES)

AB 992 took effect on January 1, 2021 amending the Brown Act with an aim to provide clarity on the actions public officials can and cannot take on social media. As the legislative analysis of the bill noted, whether it will achieve the right balance between constitutional and statutory public access requirements and the free flow of communication remains unclear.

AB 992, codified in Government Code section 54952.2, provides direction on the social media interactions of public officials that do and do not constitute an impermissible meeting. In brief, the Brown Act prohibits a majority of members of a legislative body from engaging in a “series of communications,” directly or through intermediaries, to “discuss, deliberate, or take action on an item” that is within the legislative body’s subject matter jurisdiction.[1] This restriction includes “serial” meetings in which members of a legislative body communicate indirectly or through a chain of communications, ultimately involving a majority of a legislative body.

Under AB 992, a public official may communicate on social media platforms to answer questions, provide information to the public or to solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction. However, these communications are only allowed as long as a majority of the members of the legislative body do not use any social media platform to “discuss among themselves” official business. Importantly, “discuss among themselves” has been broadly defined and arguably includes making posts, commenting, replying, sharing, reacting (e.g. “liking” a post) or using digital icons that express reactions, i.e., emojis.[2]

Moreover, while a single contact between one public official and another would not normally constitute a prohibited meeting – provided that those officials do not constitute a quorum – AB 992 prohibits such social media interaction entirely. “A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.”

In other words, AB 992 arguably prohibits a public official posting a comment in response to, liking or sharing another public official’s social media post about an agency issue, even if the content of the post was not created by the public official (e.g., sharing or retweeting an official agency post). Determining whether a particular interaction violates AB 992 will generally be fact specific and require a case-by-case analysis.[3] Local agencies and officials are encouraged to give careful thought whenever engaging in social media interactions involving agency business and remain aware if other public officials have already commented, shared, liked or reacted to a social media post regarding agency-related business.

While AB 992 clarifies certain issues relating to social media, it also raises a host of additional questions. For example, if a public official’s social media comments could lead to Brown Act violations, does that mean that the officials’ posts and comments are now subject to the California Public Records Act and potential disclosure? If a public official discloses on social media how they intend to vote on a particular upcoming issue involving due process considerations, could a party claim that they were denied a fair hearing? Our office will continue to monitor and provide updates as these issues develop further.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2021 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Gov’t. Code § 54952.2

[2] AB 992 applies to social media platforms that are open and accessible to the public. This includes well known social media platforms such as Facebook, Instagram and Twitter, but could also be interpreted to include any online service that allows for public interaction such as chatrooms and forums, comment sections on blogs and online media.

[3] AB 992 does not include any new or additional enforcement provisions.

Legal Update Memo No. 01-2021 – Social Media and the Brown Act – AB 992 Clarifies Permissible Social Media Use by Public Officials (K-12)

Download pdf: 01-2021 – Social Media and the Brown Act – AB 992 Clarifies Permissible Social Media Use by Public Officials w attachment (EES)

AB 992 took effect on January 1, 2021 amending the Brown Act with an aim to provide clarity on the actions public officials can and cannot take on social media. As the legislative analysis of the bill noted, whether it will achieve the right balance between constitutional and statutory public access requirements and the free flow of communication remains unclear.

AB 992, codified in Government Code section 54952.2, provides direction on the social media interactions of public officials that do and do not constitute an impermissible meeting. In brief, the Brown Act prohibits a majority of members of a legislative body from engaging in a “series of communications,” directly or through intermediaries, to “discuss, deliberate, or take action on an item” that is within the legislative body’s subject matter jurisdiction.[1] This restriction includes “serial” meetings in which members of a legislative body communicate indirectly or through a chain of communications, ultimately involving a majority of a legislative body.

Under AB 992, a public official may communicate on social media platforms to answer questions, provide information to the public or to solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction. However, these communications are only allowed as long as a majority of the members of the legislative body do not use any social media platform to “discuss among themselves” official business. Importantly, “discuss among themselves” has been broadly defined and arguably includes making posts, commenting, replying, sharing, reacting (e.g. “liking” a post) or using digital icons that express reactions, i.e., emojis.[2]

Moreover, while a single contact between one public official and another would not normally constitute a prohibited meeting – provided that those officials do not constitute a quorum – AB 992 prohibits such social media interaction entirely. “A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.”

In other words, AB 992 arguably prohibits a public official posting a comment in response to, liking or sharing another public official’s social media post about an agency issue, even if the content of the post was not created by the public official (e.g., sharing or retweeting an official agency post). Determining whether a particular interaction violates AB 992 will generally be fact specific and require a case-by-case analysis.[3] Local agencies and officials are encouraged to give careful thought whenever engaging in social media interactions involving agency business and remain aware if other public officials have already commented, shared, liked or reacted to a social media post regarding agency-related business.

While AB 992 clarifies certain issues relating to social media, it also raises a host of additional questions. For example, if a public official’s social media comments could lead to Brown Act violations, does that mean that the officials’ posts and comments are now subject to the California Public Records Act and potential disclosure? If a public official discloses on social media how they intend to vote on a particular upcoming issue involving due process considerations, could a party claim that they were denied a fair hearing? Our office will continue to monitor and provide updates as these issues develop further.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2021 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Gov’t. Code § 54952.2

[2] AB 992 applies to social media platforms that are open and accessible to the public. This includes well known social media platforms such as Facebook, Instagram and Twitter, but could also be interpreted to include any online service that allows for public interaction such as chatrooms and forums, comment sections on blogs and online media.

[3] AB 992 does not include any new or additional enforcement provisions.

ADDENDUM – Legal Update Memo No. 72-2020 – Cal/OSHA Issues Emergency COVID-19 Regulations for All Employers (K-12)

Download pdf: 72-2020 – ADDENDUM – Cal OSHA Issues Emergency COVID-19 Regulations for All Employers and Updated Forms w attachment (JH-DLM)

We are issuing this Legal Update due to the revised quarantine period established by the Governor’s Executive Order Number N-84-20,[1] issued on December 14, 2020.  This change affects Cal/OSHA’s Emergency COVID-19 Regulations, and so we are revising our associated Legal Update, Memo No. 72-2020, dated December 7, 2020. The Executive Order amended the quarantine period generally from 14 days to 10 days, consistent with revised California Department of Public Health Guidance[2] regarding quarantines. Changes to the Legal Update are shown in yellow highlighting (red font for web version) below.

In addition, attached to this Legal Update are updated templates related to notifying employees, contractors, unions, and local public health of COVID-19’s presence at a worksite, as required by AB 685.  Please replace the template notices sent out with Legal Update Memo No. 57-2020, dated November 5, 2020.

Revised Legal Update Regarding Cal/OSHA COVID-19 Regulations[3]

On November 30, 2020, California approved 21 pages of emergency Cal/OSHA regulations on COVID-19 infection prevention for all employers. The regulations went into effect immediately and will remain in effect until October 2, 2021.

School District/COE Employers are Subject to the Regulations

All employers, including public agencies, are subject to the regulations, except for employers already covered under the Cal/OSHA Aerosol Transmissible Diseases standards (medical employers and corrections facilities; see Title 8 CCR 5199) and employers with a single employee who does not have contact with others.

Where state or local health department orders are more strict, the stricter provisions control.

The regulations do not apply to employees when they are working from home.

Written COVID-19 Prevention Program

Employers must establish and implement a written, site-specific COVID-19 Prevention Program (“CPP”) that includes the following elements:

  • Communication to employees about the COVID-19 prevention procedures
  • Identifying, evaluating, and correcting workplace COVID-19 hazards (screening and responding to employees for COVID-19 symptoms; staying current on state and local COVID-19 guidance; evaluating and correcting worksites for hazards)
  • Implementing effective policies and procedures to correct unsafe and unhealthy conditions (such as physical distancing, workplace modifications, and staggering work schedules)
  • Providing and ensuring workers wear face coverings
  • Physical distancing of at least six feet
  • Use of face coverings
  • Use of controls and PPE to reduce transmission risk (plexiglass partitions; disinfecting workplaces; providing PPE as required)
  • Procedures to investigate and respond to COVID-19 cases (including contact tracing and notifying potentially exposed employees)
  • Provide COVID-19 training to employees
  • Provide testing to exposed employees
  • Excluding employees who test positive
  • Maintaining records of COVID-19 cases and reporting cases to Cal/OSHA and the local health department

In lieu of establishing a separate CPP, employers can ensure that all of the above elements are included in their Injury and Illness Prevention Program (“IIPP”), which already requires many of the above elements.

The link to Cal/OSHA’s Model CPP can be found here: https://www.dir.ca.gov/dosh/dosh_publications/CPP.doc

Communication with Employees

Employers must communicate the following to their employees:

  • How to report COVID-19 symptoms, exposures, and hazards without fear of retaliation
  • The employer’s procedure to address any COVID-19 hazards
  • Existing procedures regarding accommodating employees with elevated risk factors
  • How employees can obtain COVID-19 testing
  • Notice of potential exposures
  • Cleaning and disinfection protocols

Employee Training

Employers must train employees on how COVID-19 is spread, infection prevention techniques, and information regarding COVID-19 benefits that employees may be entitled to under applicable federal, state, or local laws. Employees must also be trained in the importance of physical distancing, face coverings, and frequent hand washing.  Many local educational agencies (LEAs) addressed this at the start of the 2020-2021 school year.

Physical Distancing

Employers must ensure that employees maintain at least six feet of distance from others except while in movement, such as in a hallway. If this is not possible, employers must consider physical barriers such as plexiglass barriers, telework, reducing the number of people in an area, and/or staggered work schedules. Other required “controls” include maximizing outdoor air, cleaning frequently touched surfaces, and encouraging frequent hand washing and hand sanitizing.

Face Coverings

Employers must provide employees with face coverings and ensure they are worn when indoors, and when outdoors within six feet of another. Exceptions include: when an employee is alone in a room, when eating or drinking, and when an employee has a medical condition, is working with the hearing impaired, or is performing a task that cannot be performed with a face covering. If an exception applies, the employee must use an effective non-restrictive alternative, such as distancing, a clear face shield with a drape, or biweekly testing.

Addressing COVID-19 Cases – Exclusion from Workplace

Employers must develop and implement a process for screening and responding to employees with COVID-19 symptoms. All employees who have tested positive, been ordered to isolate by the state or local health officer, or had COVID-19 exposure, must be excluded. Employers must also investigate all exposures and correct those conditions, if any workplace conditions could have contributed to the risk of exposure.

An employee who tested positive and has symptoms may not return to work until all of the following “return to work” criteria have been met: 10 days have passed from the first symptoms; COVID-19 symptoms have improved; and at least 24 hours since a fever of 100.4 or higher resolved.

An employee who tested positive and does not have symptoms may not return to work until 10 days after the positive test.

Employees who were exposed must be excluded for 10 days after the last known exposure, with or without testing, provided that such employees, between days 10 and 14, wear face coverings at all times, stay at least 6 feet from others, and immediately self-isolate if any symptoms appear.

All excluded employees must receive information about their available COVID-19 related benefits and applicable leaves.

The new emergency regulations at 8 CCR § 3205(c)(11)(C) specifically provide that “a negative COVID-19 test shall not be required for an employee to return to work” if the employee has otherwise met the “return to work” criteria.  Please note this is a change in our understanding of when an employee could be required by an employer to be tested for COVID-19.

Continuation of Compensation and Benefits While Excluded from Workplace

For employees who are able and available to work, but excluded after a positive COVID-19 test, ordered to isolate by a local or state health officer, or COVID-19 exposure, employers are required to continue and maintain the employee’s earnings, seniority, rights and benefits, and right to return to their former jobs.  Employers may require employees to exhaust paid sick leave benefits first and may offset payments by the amount an employee receives from government benefits (where permitted by law and not covered by worker’s compensation); however, employees’ rights under the new regulations are not capped by other available paid benefits.  On the other hand, the rights do not apply where the employer can demonstrate that the employee’s COVID-19 exposure is not work related.

The continuation of compensation is arguably beyond the scope of the Occupational Safety and Health Standards Board’s authority and may be the subject of future litigation.

Outbreaks

Workplace Outbreaks (three or more cases in a workplace in a 14-day period)

  • Follow the AB 685 notification requirements (See attached template notices of potential COVID-19 exposure for employees, unions, and county health departments).
  • Offer employees free COVID-19 testing during working hours, and test employees potentially exposed once a week until there have been no new cases in 14 days.
  • Exclude all positive cases.
  • Immediately investigate and determine whether workplace factors could have contributed to the outbreak. Such factors include leave policies, whether employees are discouraged from remaining home when sick, testing policies, insufficient outdoor air, insufficient air filtration, and lack of physical distancing.

Major Outbreaks (20 or more cases in a 30-day period)

  • Follow the AB 685 notification requirements (See attached template notices of potential COVID-19 exposure for employees, unions, and county health departments).
  • Offer employees free COVID-19 testing during working hours, and test employees at least twice a week until there have been no new cases in 14 days.
  • Exclude all positive cases.
  • Investigate and correct workplace hazards, including improving air filtration to at least MERV-13 efficiency, or if MERV-13 or higher filters are not compatible with the ventilation system, implement the use of filters with the highest compatible filtering efficiency. In addition, evaluate whether portable HEPA filtration or other air cleaning systems would reduce the risk of COVID-19 transmission and implement their use to the degree feasible.
  • Determine whether a respiratory protection program is needed.
  • Considering halting all or part of operations.

Recordkeeping and Reporting COVID-19 Cases

Employers must maintain a record of and track all COVID-19 cases with the employee’s name, contact information, occupation, location of work, most recent date worked at the workplace, and the date of the positive COVID-19 test. Employers must ensure such employee medical information remains confidential.

When a serious COVID-19 illness (requiring hospitalization) or death occurs, the employer must report this immediately to a Cal/OSHA office. Report COVID-19 exposures to DIR: https://www.dir.ca.gov/dosh/report-accident-or-injury.html

Penalties for Not Following the Regulations

Non-compliance can result in an OSHA citation and penalty in accordance with Cal/OSHA’s pre-existing penalty structure. Penalties can range from $13,277 for a Regulatory or General violation, $25,000 for a Serious violation, and up to $132,765 for a Repeat or Willful violation. Cal/OSHA’s Chief stated that it will take into account the time employers will need to implement the new regulations, and any “good faith” efforts to comply. AB 685 recently expanded Cal/OSHA’s authority to shut down entire worksites that expose employees to COVID-19 related hazards.

Links for More Information

Cal/OSHA COVID-19 Emergency Temporary Standards Frequently Asked Questions: https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html

Cal/OSHA one-page fact sheet: https://www.dir.ca.gov/dosh/dosh_publications/COVIDOnePageFS.pdf

Text of Regulations (8 CCR 3205-3205.4: https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Emergency-apprvdtxt.pdf )

Please contact our office with questions regarding this Legal Update or any other legal matter.

Encl. Template COVID-19 Exposure Notice Forms

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2021 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1]   https://www.gov.ca.gov/wp-content/uploads/2020/12/12.14.20-EO-N-84-20-COVID-19.pdf

[2]   https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID-19-Quarantine.aspx

[3]   Originally set forth in Memo No. 72-2020.

ADDENDUM to Legal Update Memo No. 36-2020(CC) – Cal/OSHA Issues Emergency COVID-19 Regulations for All Employers (CCD)

Download pdf: 36-2020(CC) – ADDENDUM – Cal OSHA Issues Emergency COVID-19 Regulations for All Employers and Forms w Att (JH-DLM)

We are issuing this Legal Update due to the revised quarantine period established by the Governor’s Executive Order Number N-84-20,[1] issued on December 14, 2020.  This change affects Cal/OSHA’s Emergency COVID-19 Regulations, and so we are revising our associated Legal Update, Memo No. 36-2020(CC), dated December 8, 2020. The Executive Order amended the quarantine period generally from 14 days to 10 days, consistent with revised California Department of Public Health Guidance[2] regarding quarantines. Changes to the Legal Update are shown in yellow (red font on web version) highlighting below.

In addition, attached to this Legal Update are templates related to notifying employees, contractors, unions, and local public health of COVID-19’s presence at a worksite, as required by AB 685.

Revised Legal Update Regarding Cal/OSHA COVID-19 Regulations[3]

On November 30, 2020, California approved 21 pages of emergency Cal/OSHA regulations on COVID-19 infection prevention for all employers. The regulations went into effect immediately and will remain in effect until October 2, 2021.

Community College Employers are Subject to the Regulations

All employers, including public agencies, are subject to the regulations, except for employers already covered under the Cal/OSHA Aerosol Transmissible Diseases standards (medical employers and corrections facilities; see Title 8 CCR 5199) and employers with a single employee who does not have contact with others.

Where state or local health department orders are more strict, the stricter provisions control.

The regulations do not apply to employees when they are working from home.

Written COVID-19 Prevention Program

Employers must establish and implement a written, site-specific COVID-19 Prevention Program (“CPP”) that includes the following elements:

  • Communication to employees about the COVID-19 prevention procedures
  • Identifying, evaluating, and correcting workplace COVID-19 hazards (screening and responding to employees for COVID-19 symptoms; staying current on state and local COVID-19 guidance; evaluating and correcting worksites for hazards)
  • Implementing effective policies and procedures to correct unsafe and unhealthy conditions (such as physical distancing, workplace modifications, and staggering work schedules)
  • Providing and ensuring workers wear face coverings
  • Physical distancing of at least six feet
  • Use of face coverings
  • Use of controls and PPE to reduce transmission risk (plexiglass partitions; disinfecting workplaces; providing PPE as required)
  • Procedures to investigate and respond to COVID-19 cases (including contact tracing and notifying potentially exposed employees)
  • Provide COVID-19 training to employees
  • Provide testing to exposed employees
  • Excluding employees who test positive
  • Maintaining records of COVID-19 cases and reporting cases to Cal/OSHA and the local health department

In lieu of establishing a separate CPP, employers can ensure that all of the above elements are included in their Injury and Illness Prevention Program (“IIPP”), which already requires many of the above elements.

The link to Cal/OSHA’s Model CPP can be found here: https://www.dir.ca.gov/dosh/dosh_publications/CPP.doc

Communication with Employees

Employers must communicate the following to their employees:

  • How to report COVID-19 symptoms, exposures, and hazards without fear of retaliation
  • The employer’s procedure to address any COVID-19 hazards
  • Existing procedures regarding accommodating employees with elevated risk factors
  • How employees can obtain COVID-19 testing
  • Notice of potential exposures
  • Cleaning and disinfection protocols

Employee Training

Employers must train employees on how COVID-19 is spread, infection prevention techniques, and information regarding COVID-19 benefits that employees may be entitled to under applicable federal, state, or local laws. Employees must also be trained in the importance of physical distancing, face coverings, and frequent hand washing.  Many local educational agencies (LEAs) addressed this at the start of the 2020-2021 school year.

Physical Distancing

Employers must ensure that employees maintain at least six feet of distance from others except while in movement, such as in a hallway. If this is not possible, employers must consider physical barriers such as plexiglass barriers, telework, reducing the number of people in an area, and/or staggered work schedules. Other required “controls” include maximizing outdoor air, cleaning frequently touched surfaces, and encouraging frequent hand washing and hand sanitizing.

Face Coverings

Employers must provide employees with face coverings and ensure they are worn when indoors, and when outdoors within six feet of another. Exceptions include: when an employee is alone in a room, when eating or drinking, and when an employee has a medical condition, is working with the hearing impaired, or is performing a task that cannot be performed with a face covering. If an exception applies, the employee must use an effective non-restrictive alternative, such as distancing, a clear face shield with a drape, or biweekly testing.

Addressing COVID-19 Cases – Exclusion from Workplace

Employers must develop and implement a process for screening and responding to employees with COVID-19 symptoms. All employees who have tested positive, been ordered to isolate by the state or local health officer, or had COVID-19 exposure, must be excluded. Employers must also investigate all exposures and correct those conditions, if any workplace conditions could have contributed to the risk of exposure.

An employee who tested positive and has symptoms may not return to work until all of the following “return to work” criteria have been met: 10 days have passed from the first symptoms; COVID-19 symptoms have improved; and at least 24 hours since a fever of 100.4 or higher resolved.

An employee who tested positive and does not have symptoms may not return to work until 10 days after the positive test.

Employees who were exposed must be excluded for 10 days after the last known exposure, with or without testing, provided that such employees, between days 10 and 14, wear face coverings at all times, stay at least 6 feet from others, and immediately self-isolate if any symptoms appear.

All excluded employees must receive information about their available COVID-19 related benefits and applicable leaves.

The new emergency regulations at 8 CCR § 3205(c)(11)(C) specifically provide that “a negative COVID-19 test shall not be required for an employee to return to work” if the employee has otherwise met the “return to work” criteria.  Please note this is a change in our understanding of when an employee could be required by an employer to be tested for COVID-19.

Continuation of Compensation and Benefits While Excluded from Workplace

For employees who are able and available to work, but excluded after a positive COVID-19 test, ordered to isolate by a local or state health officer, or COVID-19 exposure, employers are required to continue and maintain the employee’s earnings, seniority, rights and benefits, and right to return to their former jobs.  Employers may require employees to exhaust paid sick leave benefits first and may offset payments by the amount an employee receives from government benefits (where permitted by law and not covered by worker’s compensation); however, employees’ rights under the new regulations are not capped by other available paid benefits.  On the other hand, the rights do not apply where the employer can demonstrate that the employee’s COVID-19 exposure is not work related.

The continuation of compensation is arguably beyond the scope of the Occupational Safety and Health Standards Board’s authority and may be the subject of future litigation.

Outbreaks

Workplace Outbreaks (three or more cases in a workplace in a 14-day period)

  • Follow the AB 685 notification requirements (See attached template notices of potential COVID-19 exposure for employees, unions, and county health departments).
  • Offer employees free COVID-19 testing during working hours, and test employees potentially exposed once a week until there have been no new cases in 14 days.
  • Exclude all positive cases.
  • Immediately investigate and determine whether workplace factors could have contributed to the outbreak. Such factors include leave policies, whether employees are discouraged from remaining home when sick, testing policies, insufficient outdoor air, insufficient air filtration, and lack of physical distancing.

Major Outbreaks (20 or more cases in a 30-day period)

  • Follow the AB 685 notification requirements (See attached template notices of potential COVID-19 exposure for employees, unions, and county health departments).
  • Offer employees free COVID-19 testing during working hours, and test employees at least twice a week until there have been no new cases in 14 days.
  • Exclude all positive cases.
  • Investigate and correct workplace hazards, including improving air filtration to at least MERV-13 efficiency, or if MERV-13 or higher filters are not compatible with the ventilation system, implement the use of filters with the highest compatible filtering efficiency. In addition, evaluate whether portable HEPA filtration or other air cleaning systems would reduce the risk of COVID-19 transmission and implement their use to the degree feasible.
  • Determine whether a respiratory protection program is needed.
  • Considering halting all or part of operations.

Recordkeeping and Reporting COVID-19 Cases

Employers must maintain a record of and track all COVID-19 cases with the employee’s name, contact information, occupation, location of work, most recent date worked at the workplace, and the date of the positive COVID-19 test. Employers must ensure such employee medical information remains confidential.

When a serious COVID-19 illness (requiring hospitalization) or death occurs, the employer must report this immediately to a Cal/OSHA office. Report COVID-19 exposures to DIR: https://www.dir.ca.gov/dosh/report-accident-or-injury.html

Penalties for Not Following the Regulations

Non-compliance can result in an OSHA citation and penalty in accordance with Cal/OSHA’s pre-existing penalty structure. Penalties can range from $13,277 for a Regulatory or General violation, $25,000 for a Serious violation, and up to $132,765 for a Repeat or Willful violation. Cal/OSHA’s Chief stated that it will take into account the time employers will need to implement the new regulations, and any “good faith” efforts to comply. AB 685 recently expanded Cal/OSHA’s authority to shut down entire worksites that expose employees to COVID-19 related hazards.

Links for More Information

Cal/OSHA COVID-19 Emergency Temporary Standards Frequently Asked Questions: https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html

Cal/OSHA one-page fact sheet: https://www.dir.ca.gov/dosh/dosh_publications/COVIDOnePageFS.pdf

Text of Regulations (8 CCR 3205-3205.4: https://www.dir.ca.gov/oshsb/documents/COVID-19-Prevention-Emergency-apprvdtxt.pdf )

Please contact our office with questions regarding this Legal Update or any other legal matter.

Encl. Template COVID-19 Exposure Notice Forms

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 

© 2021 School and College Legal Services of California

 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

 

[1]   https://www.gov.ca.gov/wp-content/uploads/2020/12/12.14.20-EO-N-84-20-COVID-19.pdf

[2]   https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID-19-Quarantine.aspx

[3]   Originally set forth in Memo No. 36-2020(CC).

Legal Update Memo No. 76-2020 – Bid Limit Increased for 2021 (K-12)

Download pdf: 76-2020 – Bid Limit Increased for 2021 (LWS)

The Superintendent of Public Instruction has raised the bid threshold limit for non-construction, competitively bid contracts.  It is now set at $96,700 effective January 1, 2021.  Public Contract Code section 20111(d) provides for an annual inflationary increase determined by the Superintendent of Public Instruction. The increase for 2021 has been set at 1.57%.

This higher bid limit only applies to (1) the purchase of equipment, materials, and supplies; (2) services, except construction services; and (3) repairs, including maintenance as defined in Public Contract Code section 20115, that are not public projects as defined in Section 22002(c).

Please note that the $15,000 threshold for construction services/public works projects has not been affected by this inflationary change.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2020 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

Legal Update Memo No. 39-2020(CC) – Public Agency Statement of Facts (CCD)

Download pdf: 39-2020(CC) – Public Agency Statement of Facts w attachments (SPR)

This is a reminder to update your district’s statement of facts listed in the Registry of Public Agencies (“Registry”)[1], a public list of basic facts about a school district which includes the following:

  1. The full, legal name of the public agency;
  2. The official mailing address of the governing body;
  3. The name and residence or business address of each member of the governing body; and
  4. The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body.

Potential claimants can use the Registry to find names and addresses for filing a claim under the Government Claims Act with a district.  The timely filing of a governmental claim with a district is a precondition to filing a lawsuit against that district.

The consequences of failing to maintain the accuracy of this factual information can be significant.  Claimants may be allowed to file lawsuits without first filing timely governmental claims with the district if the basic facts listed above are significantly inaccurate or incomplete.

Government Code section 53051 requires every school district to file a specified statement of facts about the district with the California Secretary of State[2] and with the county clerk for each county in which the district maintains an office after it comes into existence and to periodically amend that statement.

Subsection (b) of section 53051 requires districts to file an amended statement of facts within 10 days after a change in any of these basic facts.  Some school districts may be welcoming new members to their boards as a result of recent elections and will have new appointments of board members (see fact #3 above).  Organizational meetings may result in a change in the presiding officer (see fact #4 above).  If there are changes in the facts listed above, it is important that you file an amended statement of facts to update the Registry with the Secretary of State and with the county clerk for each county where the district maintains an office.  Failure to do so could relieve a claimant of the duty to comply with the Government Claims Act and increase exposure to lawsuits.

Districts must ensure they are using their full legal name when filing and not an abbreviated acronym.

To ensure your statement of facts are properly filed in the Registry, we advise either using U.S. certified mail, return receipt requested, or obtaining a copy or certified copy of the filed document by following the instructions beginning on page two of the Registry form.

Attached is a copy of Government Code section 53051 and a Registry form for filing with the Secretary of State.  Contact your local county clerk’s office for instructions on how to file the statement of facts at the county level.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. 

© 2020 School and College Legal Services of California 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] This was previously referred to in Government Code section 53051 as the “Roster of Public Agencies.”

[2] A copy of this form can be found at https://bpd.cdn.sos.ca.gov/sf/forms/sf-405.pdf, or by filling out the attached PDF.

Legal Update Memo No. 75-2020 – Public Agency Statement of Facts (K-12)

Download pdf: 75-2020 – Public Agency Statement of Facts w attachments (SPR)

This is a reminder to update your district’s statement of facts listed in the Registry of Public Agencies (“Registry”)[1], a public list of basic facts about a school district which includes the following:

  1. The full, legal name of the public agency;
  2. The official mailing address of the governing body;
  3. The name and residence or business address of each member of the governing body; and
  4. The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body.

Potential claimants can use the Registry to find names and addresses for filing a claim under the Government Claims Act with a district.  The timely filing of a governmental claim with a district is a precondition to filing a lawsuit against that district.

The consequences of failing to maintain the accuracy of this factual information can be significant.  Claimants may be allowed to file lawsuits without first filing timely governmental claims with the district if the basic facts listed above are significantly inaccurate or incomplete.

Government Code section 53051 requires every school district to file a specified statement of facts about the district with the California Secretary of State[2] and with the county clerk for each county in which the district maintains an office after it comes into existence and to periodically amend that statement.

Subsection (b) of section 53051 requires districts to file an amended statement of facts within 10 days after a change in any of these basic facts.  Some school districts may be welcoming new members to their boards as a result of recent elections and will have new appointments of board members (see fact #3 above).  Organizational meetings may result in a change in the presiding officer (see fact #4 above).  If there are changes in the facts listed above, it is important that you file an amended statement of facts to update the Registry with the Secretary of State and with the county clerk for each county where the district maintains an office.  Failure to do so could relieve a claimant of the duty to comply with the Government Claims Act and increase exposure to lawsuits.

Districts must ensure they are using their full legal name when filing and not an abbreviated acronym.

To ensure your statement of facts are properly filed in the Registry, we advise either using U.S. certified mail, return receipt requested, or obtaining a copy or certified copy of the filed document by following the instructions beginning on page two of the Registry form.

Attached is a copy of Government Code section 53051 and a Registry form for filing with the Secretary of State.  Contact your local county clerk’s office for instructions on how to file the statement of facts at the county level.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. 

© 2020 School and College Legal Services of California 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] This was previously referred to in Government Code section 53051 as the “Roster of Public Agencies.”

[2] A copy of this form can be found at https://bpd.cdn.sos.ca.gov/sf/forms/sf-405.pdf, or by filling out the attached PDF.

Legal Update Memo No. 38-2020(CC) – Employee Leave and Accommodations during COVID-19 (CCD)

Download pdf: 38-2020(CC) – Employee Leave and Accommodations during COVID-19 (KAS-ERA)

Our office has received numerous questions regarding employee leave rights and accommodation requirements during the COVID-19 pandemic. In light of the imminent expiration of the Family First Coronavirus Response Act (“FFCRA”) additional leave benefits on December 31, 2020, we are issuing this Legal Update to provide an overview of available leave for certain types of requests related to COVID-19. However, we note that this is only a general overview and we strongly recommend consulting with legal counsel regarding individual circumstances, as each request for leave and/or accommodations is unique.

General Background

Many Community College Districts (“CCDs”) are preparing to, or have already, returned to in-person instruction. With a return to the school site by all employees comes questions regarding employee leave rights during this time.

Employees have multiple leave allocations that may be available for their own illness/injury due to COVID-19, including, but not limited to:

  • Education Code-granted sick leave[1]
  • CCD-granted vacation leave[2]
  • Personal Necessity Leave[3]
  • Family Medical Leave Act/California Family Rights Act Leave
  • Extended Illness Leave[4]
  • Compensatory time[5]
  • Board-granted leave of absence[6]

Adding to the complexity of these leaves is the unique challenges associated with COVID-19, including increased risk of illness for employees with certain characteristics who may otherwise be healthy, and mandatory quarantine required after potential or actual exposure or positive test result.

We commonly see four types of leave or accommodation requests associated with COVID-19:

  1. Employee is themselves ill, or taking care of a family member sick with COVID-19.
  2. Employee has received a positive COVID-19 test, or has been advised to quarantine by the Local Health Officer (“LHO”), but is not displaying symptoms of illness.
  3. Employee has certain characteristics that lead to an increased risk of serious illness from COVID-19.
  4. Employee lives with someone with certain characteristics that lead to an increased risk of serious illness from COVID-19.
  1. Actual Illness

In the case where the employee themselves is ill, the CCD’s regular sick leave rights will apply. Currently, the CDC and CDPH recommend that an employee quarantine until:

(1)  10 days since symptoms first appeared, and

(2)  24 hours with no fever without the use of fever-reducing medications, and

(3)  Other symptoms of COVID-19 are improving.[7]

Cal/OSHA requires the exclusion of an employee who has tested positive and displays symptoms of COVID-19 until the three above conditions are met. For additional information, please see our office’s Legal Update No. 72-2020.

If an employee is caring for a family member sick with COVID-19, generally the employee may not utilize their own sick leave except for those days which may be used for personal necessity. However, CCDs may have negotiated additional rights beyond those provided by Education Code; we recommend that each CCD review their collective bargaining agreements, reopening MOUs, and Board Policy for application of the use of sick leave.

FMLA/CFRA leave may also apply if the employee or their family member has a “serious health condition,” which is defined as “an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.”[8]

As always, CCDs should check any applicable collective bargaining agreements for additional leave rights and clarification on use of leave application.

  1. Positive Test Result and/or Advised to Quarantine

If an employee has tested positive but is not displaying COVID-19 symptoms, current CDC/CDPH guidance is that the employee should quarantine for ten (10) days following the date of the test/sample collection.[9] Similarly, an employee may be subject to a quarantine order by the LHO due to potential exposure to COVID-19, without a positive test result. These quarantine orders are typically for between 7 and 14 calendar days.

Cal/OSHA requires that an employee who has tested positive and is not displaying symptoms be excluded from the workplace for a period of ten (10) days after the positive test. Employees who have been exposed to someone with COVID-19 must be excluded for fourteen (14) days after the exposure. For additional information, please see our office’s Legal Update 72-2020.

During this time, the employee may have few leave options available to them if they are unable to work remotely. The Education Code does permit a Board of Education to grant a leave of absence to an employee who must quarantine, and at the Board’s discretion this leave may be paid.[10] As always, the CCD may negotiate with its exclusive representative for additional rights beyond those provided by law.

  1. “At Risk” Employees

Often an employee has no indication that they may have COVID-19, but are concerned about returning to the workplace because they believe that they are at greater risk for serious illness.[11] In this case, we recommend that a CCD first ascertain whether the employee is disabled under the Americans with Disabilities Act (“ADA”), and if so, engage in the interactive process with the employee to ascertain what, if any, reasonable accommodations can be made. Please note, the Equal Employment Opportunity Commission has stated that “[b]ecause the ADA would not require an accommodation where the employee has no disability, the employer may verify that the employee does have a disability, as well as verifying that the accommodation is needed because the particular disability may put the individual at higher risk.”[12]

We urge CCDs to contact legal counsel regarding individual leave and/or accommodation requests.

  1. Living Situation

Finally, CCDs may receive requests for leave and/or accommodation for employees who themselves do not fit into categories 1-3, but reside with someone who may be at risk for serious illness.

Unfortunately, there are few, if any, rights to leave and/or accommodation for these employees. Employees may be able to utilize vacation time, compensatory time, or any negotiated “no tell” days, if applicable. However, employees would generally not be eligible to utilize other leave days. Similarly, a right to a reasonable accommodation requires that the employee themselves is disabled, as discussed above, and therefore is unlikely to apply.

In some instances, CCDs have negotiated additional rights for these employees with their union partners. Please be sure to review any applicable collective bargaining agreements (including memoranda of understanding) to determine whether any rights apply to these employees.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. 

© 2020 School and College Legal Services of California 

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code §§ 44978, 87781, 45191, 88191

[2] Education Code §§ 45197, 88197

[3] Education Code §§ 44981, 87784, 45207, 88207

[4] Education Code §§ 44977, 87780, 45196, 88196

[5] Education Code §§ 45128, 88027

[6] Education Code §§ 44964, 87765, 45199, 88199

[7] See: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html

[8] 29 U.S. Code § 2611(11)

[9] See: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html

[10] Education Code §§ 44964, 87765, 45199, 88199

[11] The CDPH has a list of what conditions may make someone at greater risk for serious illness, available at https://covid19.ca.gov/symptoms-and-risks/#higher-risk

[12] See Question 17, EEOC “Transcript of March 27, 2020 Outreach Webinar” available at https://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q17

Legal Update Memo No. 74-2020 – Employee Leave and Accommodations during COVID-19 (K-12)

Download pdf: 74-2020 – Employee Leave and Accommodations during COVID-19 (KAS-ERA)

Our office has received numerous questions regarding employee leave rights and accommodation requirements during the COVID-19 pandemic. In light of the imminent expiration of the Family First Coronavirus Response Act (“FFCRA”) additional leave benefits on December 31, 2020, we are issuing this Legal Update to provide an overview of available leave for certain types of requests related to COVID-19. However, we note that this is only a general overview and we strongly recommend consulting with legal counsel regarding individual circumstances, as each request for leave and/or accommodations is unique.

General Background


Many Local Education Agencies (“LEAs”) are preparing to, or have already, returned to in-person instruction. With a return to the school site by all employees comes questions regarding employee leave rights during this time.

Employees have multiple leave allocations that may be available for their own illness/injury due to COVID-19, including, but not limited to:

  • Education Code-granted sick leave[1]
  • LEA-granted vacation leave[2]
  • Personal Necessity Leave[3]
  • Family Medical Leave Act/California Family Rights Act Leave
  • Extended Illness Leave[4]
  • Compensatory time[5]
  • Board-granted leave of absence[6]

Adding to the complexity of these leaves is the unique challenges associated with COVID-19, including increased risk of illness for employees with certain characteristics who may otherwise be healthy, and mandatory quarantine required after potential or actual exposure or positive test result.

We commonly see four types of leave or accommodation requests associated with COVID-19:

  1. Employee is themselves ill, or taking care of a family member sick with COVID-19.
  2. Employee has received a positive COVID-19 test, or has been advised to quarantine by the Local Health Officer (“LHO”), but is not displaying symptoms of illness.
  3. Employee has certain characteristics that lead to an increased risk of serious illness from COVID-19.
  4. Employee lives with someone with certain characteristics that lead to an increased risk of serious illness from COVID-19.
  1. Actual Illness

In the case where the employee themselves is ill, the LEA’s regular sick leave rights will apply. Currently, the CDC and CDPH recommend that an employee quarantine until:

(1)  10 days since symptoms first appeared, and

(2)  24 hours with no fever without the use of fever-reducing medications, and

(3)  Other symptoms of COVID-19 are improving.[7]

Cal/OSHA requires the exclusion of an employee who has tested positive and displays symptoms of COVID-19 until the three above conditions are met. For additional information, please see our office’s Legal Update No. 72-2020.

If an employee is caring for a family member sick with COVID-19, generally the employee may not utilize their own sick leave except for those days which may be used for personal necessity. However, LEAs may have negotiated additional rights beyond those provided by Education Code; we recommend that each LEA review their collective bargaining agreements, reopening MOUs, and Board Policy for application of the use of sick leave.

FMLA/CFRA leave may also apply if the employee or their family member has a “serious health condition,” which is defined as “an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.”[8]

As always, LEAs should check any applicable collective bargaining agreements for additional leave rights and clarification on use of leave application.

  1. Positive Test Result and/or Advised to Quarantine

If an employee has tested positive but is not displaying COVID-19 symptoms, current CDC/CDPH guidance is that the employee should quarantine for ten (10) days following the date of the test/sample collection.[9] Similarly, an employee may be subject to a quarantine order by the LHO due to potential exposure to COVID-19, without a positive test result. These quarantine orders are typically for between 7 and 14 calendar days.

Cal/OSHA requires that an employee who has tested positive and is not displaying symptoms be excluded from the workplace for a period of ten (10) days after the positive test. Employees who have been exposed to someone with COVID-19 must be excluded for fourteen (14) days after the exposure. For additional information, please see our office’s Legal Update 72-2020.

During this time, the employee may have few leave options available to them if they are unable to work remotely. The Education Code does permit a Board of Education to grant a leave of absence to an employee who must quarantine, and at the Board’s discretion this leave may be paid.[10] As always, the LEA may negotiate with its exclusive representative for additional rights beyond those provided by law.

  1. “At Risk” Employees

Often an employee has no indication that they may have COVID-19, but are concerned about returning to the workplace because they believe that they are at greater risk for serious illness.[11] In this case, we recommend that a LEA first ascertain whether the employee is disabled under the Americans with Disabilities Act (“ADA”), and if so, engage in the interactive process with the employee to ascertain what, if any, reasonable accommodations can be made. Please note, the Equal Employment Opportunity Commission has stated that “[b]ecause the ADA would not require an accommodation where the employee has no disability, the employer may verify that the employee does have a disability, as well as verifying that the accommodation is needed because the particular disability may put the individual at higher risk.”[12]

We urge LEAs to contact legal counsel regarding individual leave and/or accommodation requests.

  1. Living Situation

Finally, LEAs may receive requests for leave and/or accommodation for employees who themselves do not fit into categories 1-3, but reside with someone who may be at risk for serious illness.

Unfortunately, there are few, if any, rights to leave and/or accommodation for these employees. Employees may be able to utilize vacation time, compensatory time, or any negotiated “no tell” days, if applicable. However, employees would generally not be eligible to utilize other leave days. Similarly, a right to a reasonable accommodation requires that the employee themselves is disabled, as discussed above, and therefore is unlikely to apply.

In some instances, LEAs have negotiated additional rights for these employees with their union partners. Please be sure to review any applicable collective bargaining agreements (including memoranda of understanding) to determine whether any rights apply to these employees.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2020 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Education Code §§ 44978, 87781, 45191, 88191

[2] Education Code §§ 45197, 88197

[3] Education Code §§ 44981, 87784, 45207, 88207

[4] Education Code §§ 44977, 87780, 45196, 88196

[5] Education Code §§ 45128, 88027

[6] Education Code §§ 44964, 87765, 45199, 88199

[7] See: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html

[8] 29 U.S. Code § 2611(11)

[9] See: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html

[10] Education Code §§ 44964, 87765, 45199, 88199

[11] The CDPH has a list of what conditions may make someone at greater risk for serious illness, available at https://covid19.ca.gov/symptoms-and-risks/#higher-risk

[12] See Question 17, EEOC “Transcript of March 27, 2020 Outreach Webinar” available at https://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q17

Legal Update Memo No. 37-2020(CC) – REMINDER: January 1, 2021 Deadline for Sexual Harassment Prevention Training (CCD)

Download pdf: 37-2020(CC) – REMINDER – January 1 2021 Deadline for Sexual Harassment Prevention Training (KAS)

Our Office is issuing this Legal Update as a gentle reminder to Local Education Agencies (“LEAs”) of their obligation to ensure that all staff receive sexual harassment and abusive conduct prevention training.

As we have previously shared with LEAs, all private employers with at least five (5) employees and all public employers are required to ensure that all employees receive training in sexual harassment and abusive conduct prevention. The training must include at least two hours of effective interactive training for supervisors and at least one hour of effective interactive training for non-supervisors. SB 778 (enacted in 2019) extended the deadline to complete this training to January 1, 2021.

The deadline to complete this training for all employees is January 1, 2021. For those agencies that have already provided the training during the years 2019 or 2020, the training does not have to be completed again for two years.[1]

New non-supervisory employees are to receive the training within six months of hire and new supervisors are to receive the training within six months of the assumption of a supervisory position.[2]

We are offering the following workshop to assist with meeting this requirement:

Title: Sexual Harassment and Abusive Conduct Prevention Training

Date: December 18, 2020

Time: 2:00 p.m. – 4:00 p.m.

Location: Zoom

Information: This two hour combined workshop satisfies the SB 1343 and Government Code section 12950.1 sexual harassment prevention training requirement for supervisors. The first hour of the workshop also satisfies the SB 1343 and Government Code section 12950.1 training requirement for all non-supervisors.

To register for this workshop please complete the form on our website at: https://sclscal.org/workshop/sexual-harassment-and-abusive-conduct-prevention-training-k-12-ccd/, or contact us at 707-524-2690 or santarosa@sclscal.org.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 © 2020 School and College Legal Services of California

 All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] Government Code § 1290.1(a).

[2] Id.