Legal Update Memo No. 23-2020 ADDENDUM – SB 98 Limits Certain Certificated and Classified Layoffs for 2020-2021 (CCD)

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The State Senate Committee on Budget and Fiscal Review has issued a letter interpreting Section 94 of Senate Bill (“SB”) 98. A copy of this letter is attached to this Addendum.

The letter addresses the intent of the Senate regarding the prohibition of classified layoffs in the categories of transportation, nutrition, and custodial.

The letter clarifies, “If as of July 1, 2020, a school district, county office of education, community college district, or joint powers authority has provided a layoff notice to an employee covered by this section, but the 60-day notice period has not concluded, then the employer is barred from carrying out the layoff from July 1, 2020, to June 30, 2021.”

Therefore, if your college issued a layoff notice to a classified employee with a classification of transportation, nutrition, or custodian after May 2, 2020, and the 60-day notice period has not yet expired, the college may not move forward with the layoff. Layoffs of classified employees in other classifications (including secretarial, information technology, etc.) may still move forward.

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.

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