Legal Updates

Legal Update Memo No. 18-2018 – Responding to Bargaining Units’ Requests to Filter “Spam” (K-12)

As referenced in our Legal Update 16-2018, following the U.S. Supreme Court’s decision in Janus v. AFSCME,[1] many of our clients reported receiving California Public Records Act (“CPRA”) [2] requests from the Freedom Foundation and other third-party organizations that have no relationship to the district or its employees. Many of our clients also have reported receipt of correspondence or negotiations proposals from employee unions[3] asserting that the third-party organizations improperly seek information about employees to discourage union membership. In a memorandum dated July 11, 2018, from Andrew Kahn, Chief Counsel for CSEA, Mr. Kahn contends that districts have a duty to filter “spam” email from Freedom Foundation and other such third-parties.

Legal Update Memo No. 08-2018 – New Test for Classification of Independent Contractors (CCD)

The California Supreme Court issued a decision on April 30, 2018 in the case of Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, which created a new “ABC” test for classifying independent contractors. The case involved a wage order class action lawsuit filed against a courier and delivery service company, Dynamex, which had converted all of its courier drivers from employees to independent contractors to save on costs.

Legal Update Memo No. 17-2018 – New Test for Classification of Independent Contractors (K-12)

The California Supreme Court issued a decision on April 30, 2018 in the case of Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, which created a new “ABC” test for classifying independent contractors. The case involved a wage order class action lawsuit filed against a courier and delivery service company, Dynamex, which had converted all of its courier drivers from employees to independent contractors to save on costs.

Legal Update Memo No. 16-2018 – Responding to Post-Janus Public Records Act Requests (K-12)

Following the U.S. Supreme Court’s decision in Janus v. AFSCME , many of our clients have reported receiving California Public Records Act (“CPRA”) requests from third parties, such as the Freedom Foundation, seeking information about employees represented by unions. Many of our clients have also received correspondence from employee organizations, such as the California Teachers Association, who express concerns about the intent of these third parties, specifically, that they seek this information in order to discourage union membership. These employee organizations have sent many of our clients their recommended responses to the CPRA requests.

Legal Update Memo No. 07-2018 – Responding to Post-Janus Public Records Act Requests (CCD)

Following the U.S. Supreme Court’s decision in Janus v. AFSCME , many of our clients have reported receiving California Public Records Act (“CPRA”) requests from third parties, such as the Freedom Foundation, seeking information about employees represented by unions. Many of our clients have also received correspondence from employee organizations, such as the California Teachers Association, who express concerns about the intent of these third parties, specifically, that they seek this information in order to discourage union membership. These employee organizations have sent many of our clients their recommended responses to the CPRA requests.

Upcoming Workshops