CITY EMPLOYEES ASSOCIATES ARTICLES BANK



CEA’s “Know Your Rights” Library

What Are Our Rights As

Public Employees in California?

About the Articles Library Index: The articles below are available free of charge to CEA's client associations and their members. Please contact CEA at (562) 433-6983 or cea@ to obtain them. Non-members may access the articles for a fee or elect to contract for CEA services on a month-to–month basis.

L E G A L R I G H T S A N D S T R A T E G I E S

What’s the Difference Between a Union and an Employees Association?

[Union Vs. Assn]

LEGALLY, THERE IS NO DIFFERENCE BETWEEN AN EMPLOYEES’ ASSOCIATION AND A UNION. THEY ARE BOTH UNIONS. A UNION IN CALIFORNIA IS MANDATED TO PERFORM TWO FUNCTIONS: (1) TO “COLLECTIVELY BARGAIN” A CONTRACT (USUALLY CALLED A MEMORANDUM OF UNDERSTANDING) AND (2) TO ENFORCE ITS MEMBERS’ RIGHTS UNDER THAT CONTRACT.

My Co-Worker is Slandering Me! What Should I do? [My CoWorker is Slandering Me]

ANSWER: Your decision about what to do revolves around the consequences of her “reports.” Do you think your supervisor believes her? Is he bringing these issues to the attention of human resources? Is anyone calling you in for questioning or threatening you with discipline? If the answer is mostly NO, then you probably should do NOTHING at all.

When Bargaining Breaks Down… Impasse, Mediation & Fact-Finding [when Bargaining Breaks down]

During bad times, bargaining breaks down. It might start out happily: your bargaining team meets with members, conducts a survey, and submits a list of proposals to the City. In the public sector, we don’t call these “demands”; they are proposals.

WHAT TO DO IF YOU’RE HURT ON THE JOB… [What if You Are Hurt on the Job]

If you are hurt on the job, whether it causes you to miss work or not, the first thing to do is to report the injury. Notify a supervisor, and ask for a “DWC-1” form, also known as an “Employee Claim of Work Injury” form. Even if you think the injury is minor, report it. If you fail to report, and then find yourself in pain later, your employer may suspect that the injury didn’t take place on the job. It is much better to “err on the side of caution” even with a minor accident. There is no downside to letting the city know you were hurt, even if you don’t need to go to the doctor.

Your Right to Use Family Medical Leave [Your Right to Use FMLA]

The Family Medical Leave Act, passed in 1994, is essentially a “job protection law.” If you have been employed for at least 1250 hours, it protects you against termination for up to twelve weeks while off the job with your own, or an immediate family member’s, serious illness. It also requires that your benefits continue for this time period, and that you are returned to the same job -- or one of equal pay – when the leave is over.

“WIN-WIN” BARGAINING HITS THE SKIDS - Does Management Really Have to Give You a Raise?

[BargainingHitsSkids2017]

Contract negotiations are even more difficult now than they were during the recession. Tensions are high, for several reasons: (a) most employees went for many years without pay increases and STILL haven’t caught up with the cost of living; (b) they don’t really believe their employers are having financial difficulties (and, to some degree, don’t care); and (c) agencies have gotten used to their employees working harder for less money.

Here’s a Good Question: I’VE BEEN DIAGNOSED WITH CARPAL TUNNEL. SHOULD I FILE A WORKERS’ COMP CLAIM? [CumulativeInjuryFileClaim]

Filing a claim simply notifies the City that you’ve been hurt. And, if you fail to do this at the beginning, your claim is more likely to be challenged at a later date. With a “cumulative trauma,” such as yours, you may be able to work now, but may need modified duty or time off the job if the condition becomes worse.

They’re Calling Me into a Meeting! What Should I DO? [Calling Me To a Meeting]

If you’re called to a meeting and believe that you may need representation, you have the right to know the purpose of the meeting. You can ask Management directly, ask an Association Board rep to ask, or call Association Staff to do this. Then, depending on the answer….

Landmark Ruling Extends Discrimination Protection to Cases Involving Sexual Orientation [SexOrientationDiscrimDecision]

This decision overrules decades of precedent that not only excluded sexual orientation from Title VII protection, but also excluded gender identity and transgender status.  The significance of this ruling is there will no longer be a distinction between discrimination on the basis of gender and discrimination on the basis of LGBT status.

drugs, Alcohol & Your Public Job [Drug Testing]

In the late 1980s, during a wave of public hysteria over drunken oil rig crews and drug-addled airline pilots, Congress passed the “Drug Free Workplace Act.” This law was immediately used by many public agencies as the basis for enacting (or attempting to enact) random, unannounced drug testing. In reaction, unions filed suits to defend their members’ constitutional right of privacy

The Minimum Wage is Going Up … What Does This Mean to You? [minimum wage]

The minimum wage is going up! In 2016 the State legislature passed a law which increases the minimum wage to $15 per hour by 2022. After that, increases will be based annually on the “Cost of Living.” The first increase, to $10.50 per hour, took effect in January. Some cities have passed similar laws, increasing their minimum wages even higher than the state minimum.

NEW COURT DECISION - PUBLIC EMPLOYEES’ TEXT MESSAGES ARE NOT PRIVATE! [TEXT MESSAGES NOT PRIVATE]

The California Supreme Court has ruled that texts and emails sent by public officials on private accounts or devices are a matter of public record. This is considered a victory for advocates of “transparency” but raises important questions about what IS a “public official.”

What Does PERB DO? [PERB]

PERB enforces the Meyers-Milias-Brown Act, which is our state bargaining law. This law states that employees at local agencies can form unions, negotiate contracts, and ENFORCE those contracts

if the employer tries to violate them. The law also states that the public agency will bargain in good faith and not retaliate against employees for their role in representing their union.

Standby Pay: What Does the Law Say? How Does It Work? [STANDBY]

Most public agencies in California maintain a crew of skill workers who must “standby,” at all hours, for emergencies. If they are required to answer a call or page, to be in work-ready condition, and to be dispatched wherever the employer sends them, they must be paid.

The Fair Labor Standards Act: How It Applies to Salaried Employees [FLSA exempt]

An employee who is exempt under the FLSA is paid on a “salary basis” and is not eligible to receive overtime. Generally, he or she must be a professional or manager. He’s not paid by the hour, but for the overall work accomplished. He must work autonomously, using independent judgment and discretion.

NEW BILL WOULD WEAKEN EMPLOYEE INFLUENCE OVER CALPERS’ DECISIONS [pers rate increase 17]

A bill under consideration at the state level would greatly reduce the influence of CalPERS members over the Agency’s Board of Directors. Introduced by Assemblyman Travis Allen (Republican-Huntington Beach) this bill would add two new seats to the PERS Board, and modify the qualifications for three of the existing seats, by limiting participation among Board members with connections to public employee unions.

Could “The Taxpayers” Override Your MOU? [MOU-CANTAXPAYERSOVERIDE]

Over the past decade residents in several large counties and cities have voted, almost always overwhelmingly, to reduce their employees’ retirement benefits. Each time, these actions have been overturned by the Courts, generally because they violate the Contracts Clause of the State and Federal Constitutions.

Did You Know: Disability Insurance is a Negotiable Subject

[disability insurance-negotiable subject]

There is no requirement that public employees must be enrolled in the State Disability System. In fact, there’s no requirement that public employers provide ANY disability insurance. However, BOTH are negotiable subjects.

Overtime Alert! EMPLOYER CAN’T OBSTRUCT yOUR RIGHT TO COLLECT “THE MONEY”

[OvertimeAlert-YourRightToCollectMoney]

Your right to collect overtime is controlled by federal law. The Fair Labor Standards Act says that time worked in excess of 40 hours in a week must be paid at the rate of time-and-one-half. Overtime work can be mandatory. The high rate of pay is recognition that this is a burden.

Still Working in Understaffed Conditions? What To Do When You Can’t Do It All… [undrstaf]

As the financial crisis lifted, most agencies began actively filling their vacant positions. But many did not. Due either to continuing economic problems, or simple neglect, many employees in cities, counties, and “special districts” still work in understaffed conditions.

The “Presence of Imminent Hazard”: Your Right to Report Safety Problems on the Job

[Safety-Presence of Imminent Hazard]

If you become aware of a hazard in your workplace, or in ANY of the City’s operations, it’s your right (and perhaps your obligation) to report this to Management. You may ALSO report it to your employees’ association, but this isn’t necessary. Your union can report the problem on your behalf, but your union isn’t an outside agency. It can help you report the problem, but it won’t be able to take any action to correct it.

“Class & Comp” Studies: Be Careful What You Wish For! [Class-Comp Studies 17]

As public entities continue to climb out of the Great Recession, MOU negotiations are returning to the subject of MONEY. Since money was in short supply for long, long time, employers often have legitimate questions about how much they should be paying. Your goal, after all, is to get a raise, but theirs is to be able to recruit and retain good staff

DEFENDING YOUR OWN JOB IN A CLASS STUDY [Class study-Defending YOUR Job]

Sometimes, when Human Resources Departments realize that a LOT of change has happened, that many employees are working out of class and/or that the agency is losing good staff to other agencies, they make the well-intentioned decision to conduct a class-and-comp study. The expectation is that everyone will benefit. Unfortunately the outcome often falls short of expectations.

CALPERS RATE INCREASES ARE NO CAUSE FOR ALARM

In December 2016, in an effort to stabilize its $300-billion portfolio, the CalPERS board of directors decreased the fund’s assumed rate of return on its investments.

What’s a “Confidential” Employee?

Being confidential has nothing to do with privacy, except in terms of the privacy of meetings between the City Council and top management on the subject the details of contract negotiations

Your Job & Your Religion

The United States has no official Religion. Since its founding, it has guaranteed citizens the right to free choice and free exercise of religion. In public agencies, these principles are not just abstractions. There are a wide range of situations in which employees’ religious beliefs can become a source of conflict.

WAGE GARNISHMENT – THE LAW

Your wages are subject to garnishment only if someone has won a judgment against you in court, and you have not paid the judgment. Your employer is no different from any other party with regard to the protection of your paycheck.

WORKERS’ COMPENSATION

California employees who are injured on the job have the right to file claims for workers' compensation. The state recognizes essentially two types of injuries: those that occur as the result of one incident and those that are cumulative trauma injuries, resulting from minor strains or exposure to toxins over time.

Contract Negotiations: How the Process REALLY Works

In 1968, the Meyers-Milias-Brown Act gave city, county and “special district” employees the right to form unions and engage in collective bargaining. The law is broad: it allows groups to bargain over any aspect of its members’ wages, hours, or conditions of employment. The finished product of these negotiations is a Labor Agreement or MOU (Memorandum of Understanding.)

Can the City Require You to Show Your Child’s Birth Certificate?

Although it appears to be a violation of your privacy, you employer DOES have the right to request social security numbers and/or birth certificates for dependent children. The reason for this stems from regulations established by health care providers, including CalPERS.

Is Sexual Harassment A Thing of the Past?

One of the biggest success stories in the world of employee relations has been the significant reduction of sexual harassment in the workplace. This development didn’t come quickly or easily. Hundreds of lawsuits, brought by thousands of women, with settlements mounting to billions of dollars, resulted in legal changes that require employers to implement anti-harassment training and take harassment complaints seriously.

Don’t They Have to Let Me Take a Vacation?

Most MOUs also contain a section about the conditions under which you take your vacation. This usually says something about “mutual agreement of the parties,” or scheduling “with supervisor’s permission” or “based on the needs of the department.” In other words, you CAN’T just take vacation time whenever you want. In some agencies (or departments) there are policies about the length of time you must request the vacation in advance; in others, there are limits on the amount of vacation that can be used at one time. In still others, there are whole policies about vacation bidding and seniority.

DOL’S Expanded Overtime Program is Frozen; Paid Sick Leave Plan, Put on Hold

In June, the Labor Department announced a big adjustment in the federal overtime law to enable low paid “managers” to be eligible for overtime. The new regs, which were scheduled to go into effect in December 2016, would have raised the “cut-off” for overtime from about $23,000 per year to $47,476 (or $913 a week.)

WORKPLACE VIOLENCE: A LITTLE LAW… A LITTLE LOGIC

It’s hard to listen to the news nowadays without hearing about another incident of violence at the workplace. You should know that nearly 16 years ago – after September 11, 2001 -- our state legislature directed OSHA to develop guidelines for employers, to protect public employees in the workplace.

Private Sector Employees Are Facing a Retirement Crisis (But Public Employees Are Not…)

Starting with the “Reagan Revolution” in 1980, companies transitioned from traditional employer-sponsored defined-benefit pension plans to individual 401(k) plans. A recent article in the LA Times noted that this “has been a failure for all but the wealthiest Americans.” This is because most employees could not withstand the loss of their savings when the stock market plummeted in 2009.

What is Insubordination?

When you refuse to carry out a direct order, it’s called insubordination. Very few employees actually refuse to carry out orders, but people are accused of being “insubordinate” all the time. Why? Because this has become the “catch phrase” that employers may use when they aren’t happy with something a subordinate has said or done – and they can’t quite figure out what actual rule has been violated.

Most Repetitive Injuries are WORK Injuries

From clerical staff to mechanics to bus drivers… all are subject to repetitive stress injuries (RSI). According to the Occupational Safety and Health Administration (OSHA), there are more than 100 different types of job-induced injuries caused by repetitive motions. And, RSIs make up the largest category of workplace injuries….. even more than cuts, falls and car accidents. Hundreds of thousands of working people suffer from the cumulative effects of repetitive motions.

Pay Increases Are Back on the Scene (Sort Of…)

There’s a trend, and it’s real: public employees are getting raises again, mostly. The Recession is over. Housing prices are up. Sales are up. Sales taxes are up. Government programs are staffing up and those staff are being compensated – sort of. We say sort of because this “recovery” for most small government employees is spotty and inadequate, at best. And, at worst, it is entirely non-existent.

PERS Cracks Down on Part-Time Labor

In 1982, the Board of Directors of CalPERS acted to control the rising tide of part-time employees who were working year-round, but were not being enrolled in the Retirement System. This had led to two problems. First, the part-time employees were not accruing benefits for future retirement. AND second, the System was being eroded, due to declining participation.

YOUR Health Care: How Good is Your Plan? How Much Can it Change?

The health plan that your employer provides is 100% negotiable. Most, but not all, public agencies in California contract with CalPERS medical. If your city is not in PERS Health, it may have its own private health plan. Or, it may participate in some other benefits pool. (A “pool” is simply a group of employers that “pool” their numbers for purposes of negotiating lower rates.)

YOUR UNION IS YOUR ADVOCATE WHEN YOU’RE SICK OR INJURED

Until the mid-90s, there was little protection for your job during illness or injury. If you were sick, or even injured on the job, you could be terminated with little recourse. The passage of the Family Medical Leave Act (FMLA) in 1993 opened the way for a dozen other laws which protect you, and often provide pay and benefits, when you are seriously ill, hurt at work or become disabled.

If you are off the job with an illness or injury, the Family Medical Leave Act requires the City to continue your medical benefits (including the City’s contribution to those benefits) for at least twelve weeks. But what if the condition lasts LONGER than twelve weeks? Can the City discontinue your benefits?

Phone Scam targets CalPERS members

If someone contacts you claiming to be a representative of CalPERS, BE CAREFUL!! Right now there is a scam going around where a fraudulent “CalPERS representative” calls to tell you that there is a problem with your retirement account, requiring immediate attention. The caller then asks you to confirm personal information to verify your account.

New (2017) Law Expands CalPERS’ Marketplace – A LOT!

Specifically, SB 1234 requires all California companies with a minimum of five employees to either enroll workers in the new “Secure Choice Retirement Savings Program” or offer their own plan. It is targeted to lower-wage positions in companies that have no employer-based retirement, and requires employers to automatically enroll employees and deduct money from each paycheck.

When Can I Refuse to Perform Dangerous Work?

There is really only one circumstance under which a public employee can refuse a direct order: when you believe that performing those duties would present a direct hazard to yourself, your co-workers or members of the public.

SOME THINGS SHOULDN’T BE PRIVATIZED…LIKE PRISONS!

FINALLY, the Federal Government has gone on record stating that it will cease to conduct business with an entire range of private companies: PRISONS. Why?

California Public Employees May File Claims for Back Wages Under Supreme Court “Donning & Doffing” Decision

In 2010, the Supreme Court made an important decision about employees’ right to be paid for time spent changing in and out of uniforms and safety gear. The case, brought by butchers at a major chicken distributor in Texas, found that the employer was saving tens of thousands of dollars by forcing employees to “don and doff” their special clothing on their own time.

What Is An “Invasion of Privacy?”

The urge to poke into other people's business seems almost inherent in the human animal. Until the 20th century, however, there was no legal concept called “Invasion of Privacy.”

Who’s Got the Power?

It is unavoidably true: the standard of living for most public employees is declining. The cost of living continues to rise while raises and benefits slip behind. Why is this happening?

Study Correlates Decline of Unions with Decline of the Middle Class

A recent report by the Economic Policy Institute shows that all Americans have been impacted by the decline of unions in the U.S. The study finds that, historically, unions have “set the standard” for wages, especially among jobs that don’t require college degrees.

How Would the Legalization of Marijuana Affect YOUR Job?

In November 2016 an initiative to allow recreational use of marijuana is on the ballot, and expected to pass. This raises BIG questions about how marijuana usage will be treated differently (or not) in the workplace. Based on the legal decisions in states like Colorado and Washington, which have already decriminalized we can make several predictions

How Would Legalization of Marijuana Affect Your Agency’s Income?

When California residents have been polled about their position on legalizing marijuana, the subject of tax comes up nearly half the time. There is a general assumption that millions in revenue will find their way to the state coffers. This is because cannabis in Colorado, which was legalized in 2012, has led to taxes and fees which contributed significantly to new schools and roads

AB241, Protects Retirees’ Right to Negotiate in Case of Public Employer’s Bankruptcy

The Retired Public Employees' Association (RPEA) a statewide advocacy group for retirees, stepped in to help retirees form a group so they could negotiate on behalf of their members. The group was certified by the IRS, hired an attorney, and recognized by the Bankruptcy Trustees as a party to the litigation. In the end, they were able to block the loss of ANY of their pension benefits.

Does H.R. Have the Right to Call My Doctor?

Question: Our HR Manager called my doctor’s office to find out if I had been there to get my FMLA papers filled out. They also asked about my upcoming appointments and what treatment I was receiving. Is this legal?

HERE’S A GOOD QUESTION…TIME OFF TO VOTE

Can you tell me what the law says about an employee’s right to take time off to vote? Our HR Department is telling us that because the polls close at 8:00 p.m. there is no right to take time off.

You are REPRESENTED; You DO Have RIGHTS!

WHAT TO DO, if you are called into an investigative meeting (or any kind of meeting). You have the right to representation at any meeting that you reasonably believe could lead to discipline.

Class-Action Lawsuit Claims Gender Discrimination in California's Workers' Compensation System

Equal pay for equal work has been a long term battle for people in “women’s jobs.” And now there is a new twist: a class action lawsuit has been filed against the State, arguing systemic gender discrimination in the system that compensates injured women workers. If this claim is true, it violates both state and federal “equal pay” laws.

Working with the Public Isn’t Easy (Here are Some Ideas for Coping)

Working with the public has ALWAYS been a challenge. But today, when temperatures are high and lines are long and many offices are understaffed, it’s almost a formula for disaster.

SHOULD I FOLLOW MY BOSS’S ORDER TO BEND THE RULES?

Find out the answer. Ask for this article.

WHEN DO I HAVE THE RIGHT TO A REPRESENTATIVE?

The right of employees to have union representation at investigatory interviews was established by the U.S. Supreme Court in a 1975 case, NLRB vs. Weingarten. Thus, this right has come to be known as the Weingarten right.

Cities Can’t “Impair” Retiree Health Benefits

In this time of economic instability, local agencies are searching for ways to cut corners. So, not surprisingly, the high cost of retirement (particularly retiree health benefits) always leaps into the picture. But the state of the law is that employers CANNOT reduce post-retirement benefits – even health benefits – for current employees.

Lawsuit Turns Cafeteria Benefits into Compensation

In June 2016, the Court of Appeals issued a ruling that may affect public employees’ benefit cash out provisions, statewide. The case, brought by the Police Officers of the City of San Gabriel, argued that the dollars they were allowed to cash out from unused cafeteria plan benefits (when they opt out of the medical plan) should be considered as part of base pay.

Employers Can’t Use Layoffs to Get Rid of “Problem Employees”

Public employees in California can’t be terminated without a hearing. In 1978, the State Supreme Court decided that they have the constitutionally protected right to due process before their employer can strip them of the vested “property interest” of their jobs.

How Is Your Retirement Really Funded, Anyway?

In truth, the cost is quite modest because the majority of PERS' money comes from its investments – and not from employers and their employees.

If You Are Suffering Side Effects From Medications You May Be Due Additional Workers' Compensation Pay

If you are taking medication for a work-related injury, you may be entitled to additional Workers’ Compensation benefits for side effects related to the medication.

“PAY SECRECY” POLICIES ARE ILLEGAL!

Prohibiting or discouraging discussion about wages is far more widespread in the private than in the public sector; but it still exists everywhere. Often this is because people perform similar duties under wildly divergent job titles. In 1985, California was one of the first states to pass a law against pay secrecy.

City Can’t Require You to Bargain OVER ANYTHING - If You Have an MOU in Place!

Even if the MOU has expired, employers may not change any aspect of your wages, benefits, or conditions of employment without bargaining. If it has expired, the City can force you to negotiate; if it is still in effect (or an extension has been negotiated) your association can “just say no” to the City’s proposals for a change.

Labor Department Amps Up Overtime Law

The new Guidelines include cost-of-living adjustments every three years, so that the threshold will be over $51,000 by 2020. They ALSO include a new, higher cut-off for the exclusion of highly compensated employees. In other words, currently, if an employee is eligible for overtime, but earns over $100,000 per year, the employer doesn’t have to pay overtime.

Courts ‘Lean in the Direction’ of Employee Free Speech

These decisions point to a trend: employers are being told that what employees say to one another at public media sites is really none of their business. Unless the employees commit outright slander, they should not expect to be disciplined for “talking” about their jobs.

Did You Know? PAID LEAVE FOR ORGAN DONORS

California Senate Bill 1304 enacted in 2011, requires employers with 15 or more employees to provide paid leave for employees who donate an organ or bone marrow to another person. The leave period may be up to 30 days per year for an organ donation and up to five days for a bone marrow donation.

Who Are Your Staff at the CEA Office?

CEA staff also conducts “decertifications” for groups of employees that want to leave their big unions and form their own independent unions. More than half of CEA’s current members were previously represented by large, International unions.

New Law Mandates Higher Level of Sexual Harassment Training

New California Fair Employment and Housing Act regulations that went into effect April 1, 2016, requires employers to have a discrimination, harassment, retaliation and prevention policy, and set criteria for mandatory sexual harassment training. The regulation requires employers with at least 50 employees to provide regular training to a supervisor

WHY ARE PUBLIC EMPLOYEES UNDER ATTACK?

Public employment has been “the Great Escalator,” enabling working people to bootstrap themselves into the American Dream. In the past, community residents always appreciated their public servants: teachers, firefighters, trash collectors, library staff, maintenance crews, recreation staff, etc. These are the people who make our neighborhoods civilized and comfortable. It’s truly shocking that this has been nearly forgotten: that public employees have become the scapegoats of the new millennium.

Why You Probably Can’t Get Your Boss Fired (Except Under Very Special Circumstances)

The vast majority of supervisors and managers achieve their positions because they work hard, are well versed in their fields, and are fair and reasonable in their dealings with others. HOWEVER, every once in a while there’s the one guy (or gal) who belittles subordinates, is compulsively critical, plays favorites, micro-manages, crosses personal boundaries, or just plain bullies people.

WHY YOU PROBABLY CAN’T SUE YOUR BOSS

Actually, you CAN sue your boss, as an individual, in court. Unless he has ALSO committed a crime which violates the law, your lawsuit will be a civil matter. To sue in court, you’ll need a lawyer, and unless you can make a case that your boss did so much damage to you that you are owed a great deal of money, the cost of the lawyer will probably exceed any reward that a court would grant.

City Must Pay Current IRS Mileage Rate -- or Risk Paying A Whole Lot More

Answer: Believe it or not, it is legal for an employer to reimburse employees for mileage at a rate which is lower than the current rate established by the IRS.  However, if the employer chooses to do this, it must accept liability for any loss or damage to the employee’s vehicle that occurs while he/she is on the employer’s business. Here’s why:

Can Public Employees Picket? (Yes…)

When things aren’t going well at the bargaining table, employees often want to know what leverage they hold, in order to force their employer to offer a more reasonable contract.

VACATION PAY: What Does the Law Say? What’s Negotiable?

Vacation benefits are voluntary in California. In other words, there is no law requiring employers to provide paid vacation leave. However, IF employers DO provide vacation (and almost all public employers do… at least for full-time employees) then the law does require that this benefit be honored: it must be paid to the employee, either in the form of time or money.

Excessive Absenteeism or Not? Your “Right” To Use Sick Leave

Can they call you about work issues, when you’re off the job, sick? When you return to work, can they change your job or reassign you to a different location? What if you can’t return to work after 12 weeks? Could they fire you? Could you be terminated for “absenteeism”?

WHAT’S THE DIFFERENCE BETWEEN A UNION AND AN EMPLOYEES ASSOCIATION?

Association members are often hard pressed to explain the difference between an Employees Association and a Union. This is because, legally speaking, there is no difference. They are both unions. Both kinds of unions are mandated to perform the same functions: 1) to “collectively bargain” a Contract (also called a Memorandum of Understanding); and 2) to enforce their members’ rights under that Contract.

ENVIRONMENTAL HAZARDS IN YOUR WORKPLACE

People often work in hazardous environments without knowing it. Fast moving vehicles and complex machinery are obviously dangerous, but most “environmental hazards” are unseen. In many ways, they are more dangerous because the injuries from these hazards can take years to surface.

COULD THE CITY TAKE US OUT OF CALPERS?

Although it is a complete fabrication, all too many Good Citizens truly believe that YOUR retirement plan is bankrupting THEIR city! This has led to lots of discussion, even at the City Council level, about whether individual agencies may actually withdraw from PERS.

When Your Co-Worker Has a Communicable Illness

If a co-worker has a serious, communicable illness, he should NOT be at work. If he doesn’t stay home voluntarily, the City should send him for a fitness for duty exam to make sure he isn’t contagious. The problem with most illnesses is that we are most contagious before the disease actually “manifests.”

“Everything Is Always Changing!” What Is Your Right to a Safe, Secure, and Stable Workplace?

The entire function of a Contract is to establish mutually acceptable “wages, hours and other terms and conditions of employment,” for the term of that contract – which is usually several years. (In fact, the state labor law, the Meyers-Milias-Brown Act, speaks about workplace stability when it guarantees that the terms of your Contract remain in place, even AFTER it expires, until new conditions can be negotiated.)

Sheriff’s Union Can’t Block County From Releasing Bargaining Records to Public

Late last year, the Association of Orange County Deputy Sheriffs’ filed a request for a restraining order, to block the County of Orange from releasing to the public recent labor negotiation records with the union. After a very quick hearing, a Superior Court Judge said that “the public should not be deprived of their right to see” the parties’ bargaining communications.

NO MANDATORY RETIREMENT AGE FOR NON-SWORN EMPLOYEES

By Federal law, it is illegal to terminate employees (or compel them to give up their jobs) because of their age. However, this didn’t stop the State Department of Consumer Affairs from telling 23 employees that the department had a mandatory retirement rule for business inspectors who hit age 65. There IS NO mandatory retirement age for non-sworn employees.

Must I Disclose my Medical Diagnosis in a Request for Accommodation?

When an employee is requesting accommodation, but the disability is not obvious, the employer may ask for documentation, including information about and functional limitations that might interfere with the employees’ job performance. The employer is entitled to know that the individual has a legitimate disability, but can only request information that is pertinent to the employee’s job.

Your “Right to a Fair Hearing”

Most public employees know that they have “the right to a fair hearing” if they are threatened with major discipline. But what IS major discipline… and what IS a fair hearing? Who do these rights belong to? And what happens if you’re deprived of them?

What’s the Difference between a Grievance and a Disciplinary Appeal?

Although both procedures are probably found in your MOU, this is where the similarities between a grievance and a disciplinary appeal end. A grievance is a claim by an employee, a group of employees, or your Association as a whole that your right under your union contract, or other city rules, have been violated. Discipline is a claim by the employer that an employee has done something wrong, and is being punished.

Changing Status of Marijuana Laws Doesn’t Require California Employers to be “Compassionate”

The majority of employers, still take the position that use or possession of marijuana is likely cause for termination. This is true even where marijuana is fully legal under state law. This principle was recently tested in a landmark case (Coats v. Dish Network) in Colorado. In “Dish,” the Court upheld the termination of a quadriplegic employee who was taking medically-administered marijuana for nerve pain. Employees should be aware of the fact that California is NOT a “compassionate state” when it comes to public employment.

New Labor and Employment Laws

California legislators passed these laws, and a few more last year. They went into effect January 2016. 1) AB 987 expands the Fair Employment and Housing Act (FEHA) to make requests for a reasonable accommodation for a disability or religious beliefs a protected activity. Your employer can’t retaliate against you for asking for accommodations. 2) AB 1509 protects employees from retaliation if a family member engages in a protected activity.3. SB 623 protects employees receiving Workers Compensation benefits against discrimination due to citizenship or immigration status.

Can the City “Force Open” Your Contract Due to Fiscal Emergency?

In truth, unless really dire circumstances are befalling your employer, NOTHING in the MOU gives the City the unfettered right to change your “wages, benefits, or conditions of employment” without bargaining.

DEPARTMENT OF LABOR PUSHES FOR PAID FAMILY LEAVE

When the Family Medical Leave Act went into effect in 1994, it was a huge benefit for working people. Before that, anyone, anywhere could be terminated for taking too much time off the job with illness…one’s own illness or a family member’s. There was no definition of “too much”; some employers were generous and some were punitive.

Is the Public Employee Retirement System “Unsustainable”?

The fact is your benefits are not in jeopardy and PERS is NOT “in trouble. Either way, the way PERS invests its money has no bearing on the safety of YOUR retirement fund, nor on the amount you will receive in your pension. The amount you receive when you retire has nothing to do with how much money PERS is “holding” in your City’s account. There is no relationship between the amount of money your employer’s PERS account “earns” in the stock market and the amount that must be paid to you when you retire.

Watch Out! Your Exercise Monitor Could Be Used Against You!

Modern technology is amazing. The good news is that you can now purchase a device that will monitor your physical activity, your blood pressure, and even tell you when you’re awake or asleep. The bad news is that it can tell OTHER PEOPLE the same information. For the first time that we know of, a Canadian law firm introduced its client's “Fitbit” data into evidence to show that there was a drop in her activity level following a work-related accident.

Your Right to Time Off for Jury Duty, for Victims of Crime or Response to Domestic Violence

In 2001, California’s labor law was modified to include an employees’ right to attend to Court matters or to seek a restraining order in response to domestic violence. No employer shall discharge or discriminate or retaliate against an employee who is a victim of a crime, for taking time off to comply with a subpoena or other court order as a witness in any judicial proceeding. No employer shall discharge or discriminate or retaliate against an employee who is a victim of domestic violence as defined in Section 6211 of the Family Code.

Can the City Deny Your Use of Vacation Leave?

Employees are provided a negotiated benefit, but not really able to use it. One Solution is a vacation bidding System , another solution is vacation payouts.

Employees MAY have “Reasonable Expectation of Privacy” in Text Messages

Until recently, employers had assumed that text messaging was, like all other on-the-job communication, subject to employer monitoring. But the 9th Circuit Court of Appeals has provided a loud wake-up call. The court held that the City of Ontario violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.

Can the City Make Me See THEIR Doctor When I Return From Medical Leave?

Under the Family Medical Leave Act (FMLA), you have the right to use up to twelve weeks’ leave for your own illness or injury. When you return to work, your employer may require you to provide a doctor’s note, explaining that you’re released to full duty, or stating what accommodations you may still need on the job. The law says that the City can “delay restoration to employment” following a medical leave until you provide such a “fitness for duty certificate.”

WHAT THE BROWN ACT REALLY SAYS

California law requires local agencies (i.e. city councils, water districts, school boards) to conduct their business in public. The Ralph M. Brown Act – or “the open meetings act” -- directs agencies to give public notice of meetings and items that will be on the agenda. It sets forth the few exceptions that permit a public agency to conduct business out of the public’s view or in closed session.

SHOULD YOUR ASSOCIATION GET INVOLVED WITH LOCAL POLITICS? SHOULD YOU FORM A “PAC”? You have the right to meet with elected officials! But never do this while on-duty. Consider forming a legal PAC (Political Action Committee). Interview Council Candidates and work actively in their campaigns. You don’t need to endorse or contribute to anyone. Consider grooming candidates for local elections. A small amount of activity can go a long way. Get to know your elected officials’ staffs, especially their Administrative Assistants. Maintain the relationship year-round. Anticipate their future interests. Never ask for permission from Management to talk with the Council.

WHAT TO DO WHEN COUNCIL HATES YOU

City Councils and District Boards all over the country are out to “get” their employees. Between media attacks on government and the impact of the recession, anti-government/anti-employee sentiment have become rampant -- even amongst people who claim to want to improve government.

More Good Law: No Need to Exhaust Your Grievance Procedure Before Filing a Claim with State Labor Commission

Employees were required to go all the way through their grievance procedure before asking the State to investigate a legal violation. The new law makes it clear that “a plaintiff seeking to enforce his rights under any section of the Labor Code” need not exhaust “internal remedies” prior to bringing suit.

SOME BASIC INFORMATION ABOUT THE WORKERS COMPENSATION SYSTEM

It used to be difficult to be an injured worker. Those were the good old days. Now it is horrendous. Over the past decade, employers and insurance companies have managed to change the law so it is extremely difficult for injured employees to get the benefits that the law entitles them to.

When Are Public Employees “Liable” for Damages?

The general rule is that the employer -- not the employee -- is responsible for mishaps on the job. This situation is generally upheld by another, practical factor: employees are not very good targets for lawsuits. They do not have the “deep pockets” of large, public employers.

LAYOFFS & THE LAW

There is an old law from the ‘30s which says that layoffs in cities, “for economic reasons,” must be based on inverse seniority (in other words, the least senior employees are laid off first.) However, this law wouldn’t apply if the layoffs are just a matter of reorganization, or at an agency other than a city OR at a charter city. In other words there are many ways to get around the law.

“CLASSIC” EMPLOYEES MAY CHANGE JOBS WITHOUT LOSS OF PERS BENEFITS!

Do not be deterred from expressing your ambition in service to the public! If you are a Classic PERS employee, you will ALWAYS BE a classic employee, unless you have more than a 6-month break in service.

Cities Can’t Fill Permanent Jobs With Temporary Labor…

Cities are in the service business; most spend more than 80% of their revenues on labor. So, when they have financial problems – or just want to save money – one very simple solution is to “hire a temp.” If your co-worker retires, and you find yourself unable to perform ALL of her duties, your boss may help you out by “hiring a temp.”

The City has “Recovered.” But Has Your Job?

Management has the right to decide how to staff its workplaces. But YOU have the right to a safe, healthy environment. You ALSO have the right to require your employer to follow your MOU and the law. If you are unable to take time off, working excessive hours, skipping lunches and breaks, working-out-of-class, and/or being generally run ragged, these are grievable conditions. They violate your Contract.

Courts Finally Recognize that “Not all Retaliation Is One Swift Blow”

The legal system is finally beginning to acknowledge that employers may use subtle forms of retaliation to “punish” employees who are “complainers.” These might range from assigning unattractive duties or changing work schedules to negative performance reviews, deprecating remarks, harassment over the use of sick leave, difficulty scheduling time off or, as in the recent case, an involuntary transfer.

WARNING! Be Careful What You Sign!

The “Public Employees Pension and Retiree Healthcare Benefits Initiative”

The newest ploy for turning off the caviar and champagne for you opulent public employees is headed for the November 2016 ballot. Sponsored by Chuck Reed’s pension busting brigade in San Jose and San Diego, this initiative would do away with CalPERS and allow voters to overturn negotiated MOUs. Last month, the State Attorney General’s office released its summary of this initiative; now its proponents are out gathering signatures.

Court Says “Working for a Jerk” is Not a Disability

Most people have had to work for a "jerk" of a boss at one time or another. It’s rare, but sometimes this relationship is so bad that the subordinate employee is rendered ill. The question recently addressed by the California courts is whether being subject to direction by a difficult supervisor can be the basis for a disability claim. According to a recent Court of Appeal case (Higgins-Williams v. Sutter Medical Foundation) the answer is, generally, NO.

“But it’s Not Fair!” (The BIG Difference between Law and Justice in the Workplace)

The purpose of this article is to explore the difference between what’s “unfair,” what’s “illegal;” -- and what may be a violation of your Union Contract. The goal: helping you and your Association maximize your potential for “justice in the workplace.”

SURPRISE! CONTRACT BARGAINING ISN’T “FAIR” EITHER…..

Anyone who has ever sat on a Union bargaining team knows that “the table” is not a fair playing table. Your Union enters the process with the goal of making improvement in members’ pay, and in their daily work conditions. Most employers enter the process with a plan to spend a small, fixed amount of money, and change little else. The Union pushes; the employer resists. And the employer holds most (but not all) of the cards

California Supreme Court Reinforces the "Grand Bargain" in Workers' Compensation

In exchange for protection against potentially crippling lawsuits, employers must provide prompt medical treatment for employees with workplace injuries, as well as compensation if they miss work due to the injuries, or sustain permanent disabilities.

WHAT IS THE PURPOSE OF OUR ASSOCIATION?

Public employees – and their employees associations -- had to adapt to some BIG changes in the last decade, and during the recession many associations had to face choices that affected their basic survival. With so much in flux, it is useful for you to take stock of YOUR Association and its purpose

How Has Your Job Changed Over the Years?

The rights of public employees have changed over the years—both for the good and the bad. Whereas issues of equality and medical leave have improved, pay and benefits have declined, resulting in a decrease in income for the average city worker.

Healthy workplaces, healthy families act of 2014

This law is in effect as of July 2015. It establishes minimum requirements for sick leave, but does not preempt other policies providing greater benefits. It also creates rules for reporting violations and restrictions on retaliation against workers who do so.

Why am I classified as a contractor rather than an employee?

Employers are able to evade many employment laws, as well as workers compensation and unemployment taxes, by hiring a worker as a contractor. Strict federal guidelines govern whether you are classified as a contractor or employee, which include where you perform your duties and who you take directions from.

Working in high temperatures

The US Department of Labor has released specific guidelines that employers are required to follow to prevent heat-related illnesses in the workplace. They affect any employee who is exposed to hot and/or humid conditions, especially those doing heavy labor or using or wearing bulky equipment.

Wage theft

There has been a rising number of cases filed against employers who violate wage laws, which includes erasing work hours and wrongfully taking tips. The most common violations concern inaccurate recording of overtime hours or regular work hours. In some cases employers have been required to compensate

What Happens When Your Employer Says You Owe Them Money?

It doesn’t happen often, but it does happen: your employer sends you a letter saying “Sorry, Changing

YES! Salaried Employees Are Considered “Hourly” When Furloughed

Most professionals and managers in public agencies in California are considered salaried and not eligible for overtime. But this changes when your Association agrees to a furlough.

Ergonomics…Is the City Required to Make Sure Your Work Station Fits?

OSHA (the Occupational Safety and Health Administration) publishes extensive guidelines for ergonomically safe workplaces insuring an employee’s work site and/or tools are arranged to minimize workplace injuries. How does this affect white collar workers?

What Does the City Have the Right to Know about Your Medical Condition?

Your employer has the right to know that you may have a serious medical condition which may require you to take time off the job. This information should come from a doctor, who should certify that your condition meets the Family Medical Leave Act’s standards and estimate the length of your expected leave. But neither you nor your doctor are required to tell the City anything else about your condition or illness.

SURPRISE! NATIONWIDE SURVEY FINDS THAT EMPLOYERS ARE FOISTING MORE HEALTH COSTS ONTO BACKS OF EMPLOYEES

A survey of 3,139 public and private agencies has found that employers are pushing the cost of health care onto the backs of their employees at a much faster rate than the actual increases in the cost of that health care. The increase in the cost of health care, nationwide, was only 2.3% -- considerably lower than most years in the last three decades. But many employers are passing disproportional amounts of those costs onto their employees.

“Transparency” In Public Sector Negotiations: Does It Cripple Your Ability to Negotiate a Fair MOU?

Just when we thought things were getting back to normal, public agencies are being hit with a whole new challenge. The so-called “Taxpayers Movement” is now pushing for “transparency laws” to enable the public to watch – and participate -- in your contract negotiations! In the last year, however, dozens of Councils have passed “COIN” (Civic Openness in Negotiations) ordinances. Hopefully, yours won’t be next...

New EEOC Guidelines Emphasize Accommodation for Pregnant Workers

In June 2014, the federal Equal Opportunity Employment Commission (EEOC) issued its enforcement rules for the first time in 30 years. The rules pertain to employee rights and employer responsibilities for most federal discrimination laws, including the Pregnancy Discrimination Act (PDA), the American with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA.)

Can They Just CHANGE That? What’s negotiable? What’s a “Management Right?”

In general, the "Meyers-Milias-Brown Act., mandates that your employer is required to confer with employee Associations or Unions before it can make changes in “wages, hours, or conditions of employment.” This rule applies to big changes, such as your pay rate or medical plan or small changes such as the City’s dress code or your job description. However, there are a few exceptions.

Where has all the money GONE? What is the middle class?

Did you know that when economists study “the middle class,” they study city employees? Not just “public employees,” but city employees. You are considered “the middle of the middle” There used to be more of you, but even now, City employees are, by far, the biggest group of public employees. So, studying what has happened to YOU over the last few decades supposedly gives historians pretty decent idea about what has happened to the middle class…

New Law Prohibits Public Agencies from Automatically Disqualifying Convicted Criminals for Job Applications

Assembly Bill 218 went into effect on July 1, 2014. The new law impacts the ability of people with felonies to apply for jobs at public agencies. Agencies can no longer automatically disqualify someone with a conviction as lacking the minimum qualifications for a position.  It is now illegal for public agencies to ask questions about convictions on an initial job application.

Workplace Bullying: What Can You Do?

The Workplace Bullying Institute (WBI) which assists people in understanding and dealing with this problem defines bullying as "repeated mistreatment: verbal abuse, threatening conduct, intimidation, humiliation and/or sabotage by others that prevent work from getting done." Using this definition, we are told that 35% of employees experience bullying in the workplace and that 62% of the bullies are men. A separate Harris, poll conducted in 2011, found that 34% of women reported being bullied in the workplace.

Major Legal Decision: 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 in the past, however, this neutral hearing Board was advised, legally, by the same attorney who served as the advocate for the City. In other words, the “neutral” hearing board was receiving its advice about how to conduct the hearing by the same person who was assigned to WIN that hearing.

The Law Protects You Against Discipline For “Off Duty” Conduct

Several years ago, the Labor Code was amended to resolve one of the largest questions in California’s labor relations: “what right does my City have to punish me for what I do in my personal life?” The new law makes it clear that if you suffer “a loss of wages as the result of demotion, suspension, or discharge for lawful conduct during non-working hours,” you may file a claim with the California Labor Commissioner.

What Does the City Need to Know About Your Medications?

Find out the answer to these questions: “I am a bus driver and am taking medication for chronic back pain. I told my Department about this, and they now want more information. They also said they may have to send me to a fitness-for-duty exam. Can they do this? Could my job be in jeopardy?”

Your “Right to a Life”:

When Must Your Employer Accommodate Your Personal Needs?

A variety of laws, most people know little about, enable employees to take time off the job to manage personal problems. They protect your right to vote, to care for children’s needs, to go to court, to flee from domestic violence – all without loss of employment. Another set of laws provide for your privacy and confidentiality of records, and almost all protect you against retaliation for making use of these rights.

What if I’m Accused of Doing Something Illegal?

People who work for public agencies work with the public. Total strangers. A LOT. They go into people’s yards and sometimes into their houses. They rescue them, fine them, arrest them, transport them, teach them, watch their children, feed their grandparents, and clean up all around them. With all this interaction, there is occasional friction…and sometimes real sparks. So, what happens if a member of the public accuses you of doing something improper – or perhaps even illegal?

E-Cigarettes in the Workplace

Electronic cigarettes, or e-cigarettes, have grown in popularity in the last few years and this trend is expected to continue. An e-cigarette is a battery-powered device that provides the user with inhaled doses of vaporized liquid, usually nicotine. The vapor is inhaled as an alternative to a tobacco smoke.

What If My Job Makes My (Pre-Existing) Injury Worse?

Everyone knows that you can file a workers compensation claim if you are hurt on the job. But what if you are hurt (or sick) from causes outside your job, but the condition becomes worse as the result of the work you perform? These situations are called “exacerbation” or “aggravation,” and you may be able to collect workers’ compensation benefits when they occur. There is a significant difference between the two circumstances, however

More Answers to Questions About Your Medical Plan

Understanding your medical coverage can be very difficult. This article can help overcome that difficulty by answering some common questions about plans.

WHO SAYS PUBLIC EMPLOYEES “REFUSE TO COMPROMISE”? (And Why Are They Saying This…?)

Between 2009 and 2012 more than 100,000 public employees in California were laid off. This was more per capita than any other state in the country. Despite our “recovery,” the average city employee is STILL, if we adjust for inflation, taking home far less than he was five years ago. So, why is there still such a myth – in the media and in the minds of many residents -- that public employees are a problem… that you are somehow “scamming the system,” or that your unions are exerting inappropriate control in the protection of your “lavish lifestyle”?

What Is Sexual Harassment?

Legally speaking, sexual harassment is a form of discrimination. Under both federal and state laws it is illegal for employers to discriminate on the basis of an individual’s age, disability, religion, race, national origin, or gender. In fact, sexual harassment has been illegal for more than a generation now and, thanks to widespread education AND litigation, it is far less common than in the past, especially in public agencies.

There Ought to Be A Law…

Public employees are shocked to discover that the law does not address the vast majority of workplace issues.

Careful…. Last Night’s Drink Could Endanger Your Job!

Changes in the Department of Transportation substance-testing rules could mean that last night’s beer might endanger your job.

I’m Leaving My Job! What Should I do About Medical Insurance?

Today, no one needs to go without medical insurance. In fact, today, if you’re about to be an ex-employee, you have choices that may be confusing

What to do about that Crazy Council?

Everyone knows the “buck stops” with the City Council. They are elected to be the “voice of the community.” The Council decides how funds will be allocated and what services the City will provide. They hire (and fire) top management. They consult with management on staffing decisions, personnel policies, and employee compensation.

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?

Study Finds that Defined Benefit Plans (like CalPERS) Are Superior to Defined Contribution Programs The National Institute on Retirement Security has just released its study of three states that discontinued traditional, “defined benefit” retirement plans and placed new employees in individual (“defined contribution”) retirement investment programs. The findings were surprising…

No Retaliation for Exercising Your “Family Responsibility Rights”

Just twenty years ago, you could have been fired for taking time off the job to stay with your child in the hospital. But, with the passage of the Family Medical Leave Act, in 1994, most employees gained the right to take up to 12 weeks of time off the job, without threat of termination. Family Medical Leave time is NOT paid time, but you do have the right to use all accrued sick leave and vacation if you are the subject of the leave.

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.

Department of Labor Plugs “Loopholes” In Family Leave Act

The Family Medical Leave Act, passed in 1994, is essentially a “job protection law.” If you have been employed for at least a year, it protects you against termination for up to twelve weeks, while off the job with your own, or an immediate family member’s, serious illness. It also requires that your benefits continue for this time period, and that you are returned to the same job -- or one of equal pay – when the leave is over.

Public Employees’ Right to Free Speech

The First Amendment to the U.S. Constitution establishes American citizens’ right to free speech. It says “Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” In other words, “we the people” have the right to speak out – and even speak against – our government.

But what if you are a government employee? Do you have the right to speak out against your employer? The courts say “maybe.” Let us explain.

BUT I'M SICK! YOU MEAN THEY CAN FIRE ME??

As too many employees have learned in recent years, the myth that "You Can't Fire a Public Employee" is false. There are three general reasons you can be unwillingly separated from your job: 1) disciplinary dismissal, 2) layoff, and 3) termination due to absenteeism caused by illness or disability.

AB 2126 Would Improve Bargaining Rights for Unions in Cities, Counties & Special Districts

Passed in 2014 but ultimately vetoed by the governor, AB 2126 proposed big changes to the Meyers-Milias-Brown Act (our collective bargaining law.) These included: (1) The right to mediation at the point of impasse at the request of either party; (2) The right to fact-finding at the point of impasse over any mandatory subject of bargaining.

What is COBRA & How is It Affected By the Affordable Care Act?

COBRA, the Consolidated Omnibus Budget Reconciliation Act, was enacted in 1986, COBRA requires employers to continue to make your health plan available to you until you have another job or another source of medical insurance. The cost of your insurance under COBRA can be no more than 2% higher than the rate for active employees.

Drugs, Alcohol & Your Public Job

In the late 1980s, during a fit of public hysteria over drunken oilrig crews and drug-addicted airline pilots, Congress passed the “Drug Free Workplace Act.” This law was used by many employers as the basis for enacting - or attempting to enact - random, unannounced drug testing.

YOUR RIGHT TO TAKE TIME OFF FOR COURT

Does the Labor Code section requires an employer to either provide paid time off for employees to attend family law court hearings or at least prevent them from denying time off for this purpose?  Does this law cover attending court-provided clinics to assist people in filling out court documents?

Nationwide Study Shows Long-Term Impact of Recession on Cities

A recently completed study (2014) by the Pew Charitable Trusts looked in depth at data from 30 of the country’s largest cities to evaluate the long-term effects of the Great Recession. It found that most have NOT recovered and are still functioning with fewer staff and lower revenues than they had in 2008.

Who Qualifies for Overtime Pay – and Why?

There are very few federal employment laws… but there is ONE important one: the Fair Labor Standards Act. The overtime rate is high (one-and-a-half times your normal pay) because the Congress and the President were working hard, back then, establish the 40-hour week. The intent was not only to discourage employers from forcing long hours upon their employees with long work hours, but also to encourage them to hire more people.

President Orders Labor Department to Develop New Rules For Overtime Designation

Declaring that “Americans have spent too long working more and getting less in return,” President Obama has directed the Labor Department to review the federal rules for determining who is eligible for overtime. The reason for this is that fewer and fewer people are collecting overtime when they work 40+ hours a week.

Court Strikes Down San Jose Voters’ Effort to Gut City Retirement Program

In late 2012, 70% of San Jose’s voters approved a measure which could have devastated its employees’ retirement plan. In January, 2014, the Court struck down most of the initiative. Measure B, as it was called, included nearly a dozen takeaways to the employees’ pay and retirement-related benefits.

Here’s A Good Question…Is My Job at Risk Because I Take Medication?

Question: I have a medical condition which requires that I take medication which often leaves me groggy in the morning. This often causes me to be late to work. I’ve been written up for the lateness and, even though I’ve explained the problem to my boss, he says the next step will be a suspension or termination. He also says that I could be fired because the medication could cause me to be unsafe on the job. Is there anything I can do about this?

Does the City have the Right to Tell You What to Wear?

More than any time since the ‘60s, people are expressing their “uniqueness” through their dress: short skirts, bare midriffs, tattoos, piercings, neon hair, (or no hair,) etc. Employers, in response, are expressing their needs for order and uniformity by passing dress codes, right and left.

About Uniforms

Although it seems obvious that many government employees must wear uniforms, the entire subject is negotiable.

DISABILITY IS NOT A DEFENSE AGAINST DISCIPLINE IN THE CASE OF WORKPLACE VIOLENCE

An employee working for the Orange County Superior Court had a recognized mental disability, bi-polar disorder, which caused her extreme mood swings.

The Family Medical Leave Act – Two Decades 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 truth, however, the concept of “family leave” wasn’t really all that radical. Most Western countries had been providing extended leave for maternity, disability, and sick-family- care for decades.

How Do You Enforce Your Rights on the Job?

Employees have rights through federal and state law, and under their MOU. Workplace problems may violate an employee’s rights and be addressed by seeking informal resolution, filing a grievance to enforce the MOU, filing for arbitration, or filing PERB complaint. This article discusses each process in detail.

Is Your Retirement Money Safe?

Public employees retirement plans with CalPERS are guaranteed based on a pre-existing formula and the CalPERS system was designed to adjust to the ups and downs of the economy. This article discusses CalPERS retirement plans, the types of investments made by CalPERS, employer contributions, and how they affect employees.

SOME STATISTICS ABOUT TODAY’S WORKFORCE

The gap in pay between men and women grows smaller every year but in unionized workplaces the gap is much smaller, and the pay difference between unionized and non-unionized workers is much greater for women than men. While union membership increased in the private sector last year, the increase was offset by a decline in public sector jobs where the largest amount of unionized employees are.

Careful What You Post: Your Manager May be Watching

Investigators for employers and insurance companies are increasingly gathering information about employees on their social networking sites and using this information against them as evidence in workers comp cases.

When is Travel Time Considered “Time Worked?” What IS a “Call Out?”

For employees who are eligible to receive overtime, there ARE certain instances when travel from home-to-work is considered “time worked” under the FLSA, however these rules may be superseded by City policy.

Why Giving Raises to Middle Class Workers Is Good For EVERYBODY

For the first time since 2008, most public agencies in California can afford to give their employees a raise. Part of the reason agencies can afford the raise is because employees have become so cheap. Most of them have been through some combination of layoffs, furloughs, wage reductions and, of course, “sharing” of retirement and medical costs. Most public employees are taking home 5% to 10% less than they were in 2008, which would be 10 to 20% less if adjusted for inflation.

DO YOU HAVE “THE RIGHT TO REMAIN SILENT”?

It’s not common, but it happens: someone is suspected of stealing (or selling drugs or falsifying police reports or giving away bus passes…) Now there will be a formal investigation. The guilty person could not only lose his job, but could be charged with a criminal offense. What rights do employees have in this situation? Can they be compelled to answer questions? Can they “take the 5th Amendment,” to be protected against self-incrimination? Do they need criminal defense a lawyer? Here are some answers…

Age Discrimination is Real – and Illegal!

Although we accumulate skills, information and wisdom as we age, there is no question that many employers would prefer to hire younger workers. This is especially true in manual labor jobs.

What Do I Get By Filing a Workers Comp Claim?

The California Workers’ Comp system is far, far from perfect. However, if you are truly injured on the job, and have correct information (and an experienced attorney if you need one) the system works, and justice usually prevails. Here are answers to some frequently-asked questions concerning this issue.

How Much Are YOU Paying Toward Your Retirement?

The law is clear: your retirement plan is a “VESTED” benefit. It cannot be canceled or reduced; it can’t be bargained away. Although there have been many legal AND political challenges to this principal of vested benefits, thus far, all have been defeated. The plan in place on the day you are hired must be in place on the day you retire.

When Must the City Negotiate Before Making a Change in Your Workplace? (Answer: almost all the time…)

Your Association’s most important function is to negotiate your contract with the city, your Memorandum of Understanding (MOU). By law, that MOU covers all aspects of “wages, hours and terms of employment” where the parties reach agreement. Reps from the City and your Association negotiate over any topic either side wants to discuss.. The agreed-upon changes, once ratified by you, the membership, and the City Council, are formalized into a written Contract, along with a new expiration date.

English Only?”…Can the City Control the Language You Speak at Work?

For many public employees in California, English is their second language. Can they be compelled to speak “English Only” at the workplace? Can people who speak multiple languages be required to “contribute” this skill to the workplace? Can the City refuse to hire employees that are not bi-lingual? Here are some answers.

Age Discrimination: The Most Common Form of Discrimination

As public agencies try to decide how to balance their budgets, one group of employees comes under scrutiny more than any other: older employees. Why? First, because older employees generally cost more; and, second, because they are often viewed as a greater liability (or less productive) than younger workers. The first case is largely true: senior employees are usually at top pay step and often hold benefits that have been taken away from newer employees.

A Few Questions about Age Discrimination

Nothing in the law specifically prevents an employer from asking an applicant's age or date of birth. However, because such an inquiry could indicate an employer’s concern with age, many do not ask for this information.

2014: a WHOLE LOT OF NEW LAWS…. hUNDREDS OF NEW STATE LAWS GO INTO EFFECT THIS MONTH. hERE IS A SUMMARY ONLY OF THOSE THAT MAY AFFECT YOU…

Sexual harassment, retaliation/whistleblower, discrimination, wage garnishment, wage and hour law, paid family leave, discrimination/retaliation based on status as a victim of domestic violence, employment applications, veterans’ credits, contract negotiations, time off for union representatives, loss of retirement benefits for work-related felonies, closure of public libraries.

Understanding the Workers’ Compensation System

Reporting a work-related injury to your employer and filing a Workers’ Compensation claim can be intimidating, but it doesn’t have to be There are many myths about how bad the “workers’ comp” system is, and how an injured worker can be “punished even more” under the system. However, if you are equipped with the correct information—and have an experienced attorney when needed— justice usually prevails. This article will provide answers to frequently asked questions so you do not need to be fearful of exercising your rights.

Cutting Through the Confusion About the Affordable Health Care Act

Members have been calling the CEA office, concerned about the impact of the Affordable Health Care Act on their benefits. So, here’s the good news: if you are a full-time, permanent employee, the ACA, also known as “Obama Care” has NO effect on your health care program – except that your rates probably came down. Your health care benefits are covered in your union contract, and are negotiated with your employer.

Hurt at Work? Tips to Protect Yourself

Seven useful tips from our worker’s compensation experts.

What Are Our Association’s Goals? (How Can We Accomplish Them?)

The key difference between an international union and a local one is control. Local control, by the members, themselves. The “internationals” have tens of thousands of members. This means that decisions about dues rates, member representation, legal work, financial expenditures, and political endorsements are generally made at a national headquarters.

Varicose Veins May Be an Industrial Injury!

Problems caused by varicose veins can result in the loss of your job, so you should not fail to report this condition. Ultimately, you want to make sure that you receive proper medical care – even when you may no longer be employed.

HOW MUCH IS YOUR TIME WORTH?

Who’s responsible for the time an employee spends “preparing” to do his or her job? Putting on a uniform or protective gear? Scrubbing up? Sharpening tools? Conducting a safety check? Although the US Department of Labor has, since the 1950’s, held the opinion that “prep time” is work time, that opinion had been “forgotten” over the years.

Labor-Management Committees: A Mechanism for Resolving Problems Without Grievances

All too often, people think of union issues in terms of struggle and conflict…. The union wants a fair raise for its members; the City wants to offer much less. The District wants to fire a problem employee; it’s the union’s job to defend him. The City wants to fill permanent jobs with part-time labor; the association files suit to stop this. It’s all adversarial.

How Has the New Fact-Finding Law “Altered the Landscape” for Public Employees?

When AB 646 went into effect in January 2012, no one knew exactly what effect this might have on the world of labor relations between “local agencies” and their employees associations. But everyone knew that it was a very big deal. AB 646 is the new Fact Finding law. It allows a union, faced with an employer’s declaration of impasse to call for a three-person panel to review the differing positions and render a recommendation for settlement.

The Minimum Wage: What Does It Have to do with YOUR Job?

Last month, the President made a speech suggesting that the minimum wage be “indexed” to the cost of living. Under this scenario, when the cost of living goes up, the minimum wage would increase by an equal percentage. Since the cost of living increased nationwide by less than 2% last year, and the federal minimum wage is $7.25, this would only be an increase of $0.14. But it would be something -- and it would increase steadily each year, with the cost of living.

What the Law Says about “Worker’s Comp” Retaliation

It is one thing to believe that you are the victim of retaliation for filing a worker’s comp claim. It’s another to prove it. To establish a case of discrimination an employee must show that 1) you suffered an injury on the job, 2) your employer caused you to suffer some detrimental consequence as a result, and 3) your employer singled you out for the negative treatment because of the work related nature of the injury.

SHOULD YOU FILE A WORKER’S COMP CLAIM?

You’ve got several things to consider… For example, if you haven’t reported the injury yet. should you?

WHAT THE DEPARTMENT OF TRANSPORTATION REALLY SAYS ABOUT DRUG TESTING….

Although it has been 20 years since the Federal Department of Transportation mandated “regular, random substance testing” for employees in “safety sensitive positions,” there is still a great deal of controversy about what the Feds REALLY require.

EMPLOYEE RIGHTS “WHEN THE LIGHTS GO OUT”

Your employer has an obligation to maintain a work environment that is physically “habitable,” if not always comfortable. For most employees, this means a workspace that has electricity, plumbing, heating and air conditioning, etc.

WHAT ARE ALL THESE RETIREES DOING AROUND HERE?

For years, it’s been a common practice for top managers to retire from one public agency and then “show up,” at another agency. It’s called “double dipping” and it’s partly what made the public so angry about our retirement system. “Double dippers” are collecting their full retirement benefits AND collecting full pay for the “temporary” job they are filling. It’s not difficult to find city managers and department heads who make hundreds of thousands of dollars – while working and while retired.

Overtime Alert! City Can’t Tell You “No Money is Available.”

Overtime pay can be expensive: the Fair Labor Standards Act requires employers to pay time-and-a-half for overtime. Overtime in the public sector is triggered after 40 hours in a week. The City does have the right to REQUIRE you to work overtime.

Your Right to “Take Time Off…”

Until fairly recently, California employers were relatively free to decide whether they would allow you to take time off the job to care for personal need or family business. Beginning in the late 1990s, however, our legislature passed a series of laws protecting you against termination due to your need to attend to a variety of situations.

Who Really Pays for Your Retirement, Anyway?

In the last few years, critics of government have gone to a lot of trouble to confuse the public about the "excessive" cost of your retirement plan. In truth, the cost is quite modest because the majority of PERS' money comes from its investments -- not from participating agencies and their employees.

What Toll Has the Recession Taken On Your Workplace?

Public and private employees, alike, have been “ratcheted down,” not only in the form of money, but in the forms of violated rights and deteriorated work conditions.

“No Better than Walmart?” Public Agencies Cut Employee Hours to Avoid Payment of Benefits

Employee organizations have every right to challenge “replacement of bargaining unit labor,” but many are too overwhelmed, or preoccupied with daily difficulties, to track and much less challenge this “erosion.”

Is PERS Really in Financial Trouble?

The media has saturated us all with information about the “skyrocketing increases” in employers’ PERS contributions. It is true that rates are going up. But it is not true that this has anything to do with PERS’ solvency or its ability to meet its obligations to its members.

Overtime Pay for Eligible Employees Cannot be Denied

The federal Fair Labor Standards Act requires that ALL employees be offered PAYMENT (not just “comp time”) for work in excess of 40 hours in a week. If you are an hourly employee (not salaried/FLSA-exempt) and you are required to work overtime, you cannot be forced to accept “comp time” instead of pay, unless your Association has negotiated such an agreement.

What is a Grievance?

Ninety-five percent of public employees NEVER file formal grievances, but everyone has a problem once in a while. This is our best effort to explain where a "problem" ends and a "grievance" begins and how the grievance mechanism works.

WHAT IS A FURLOUGH? CAN THE CITY “MANDATE FURLOUGHS?”

A furlough is 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.”

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.

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

There IS a line between hard work and exploitation. Employees should not be expected to work through lunch, skip breaks, come to work sick, take work home, work overtime without appropriate pay, perform the work of higher job class without the pay, or do the work of several job classes. No one should be endangered or made sick by exploitive work conditions. After all, it is one thing for a beleaguered employer to ask you to "pitch in" during an emergency, but it’s quite another to threaten you with layoffs or contracting out if you can't do the work of three people!

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?

LAYOFFS AND THE LAW

What rights does an Association have to meet and confer over a layoff’s effects? How must it be notified? "Can union block layoffs?" What about Seniority requirements law? Are there Legal remedies such as wrongful termination actions?

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.

The Retirement Conundrum

Is it true that the Public Employee Retirement System has lost so much money that it has become “unstable?” Is it possible that the System won’t be able to pay back your City’s investment when the time comes for YOU to retire? The answer is an absolute NO on both accounts. But it IS true that PERS (and ALL public employee retirement systems) is now much more expensive for your employer.

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.

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. What are some of the reasons for the disparity?

WHEN DO YOU NEED A (Workers Compensation) LAWYER?

You should report all injuries. You do have a Right to see your own doctor. The City's Worker's Comp program: it’s negotiable. Call your union rep BEFORE calling a lawyer; we're more likely to save your job. If the injury is short-term... If it's long-term... DO call a lawyer when... Work with the lawyer the Association refers you to.

SKELLY RIGHTS: DUE PROCESS PRIOR TO MAJOR DISCIPLINE

Federal and state 'property rights' to your job. The appeals process; including post-Skelly evidentiary hearing. The role of the union rep. Negotiating a better appeals process.

YOUR PERSONNEL FILE

Your right to view & reproduce your file under the law. No discipline for material not seen & signed. Significance of your file to your future employment.

PAID TIME – WHEN AM I ON THE CLOCK? “Volunteering” to work overtime. On call time. Rest and meal periods. Sleeping time and certain other activities. Lectures, meetings and training programs. Travel time – home to work. Travel time in the course of the day.

CalPERS AND SOCIAL SECURITY

Most public employees are in the PERS retirement system. Some also have -- or are now contributing -- to Social Security. It IS TRUE that when you retire from both systems the value of one plan is partially deducted from the other. Here is how PERS and the Social Security System “reconcile” your retirement benefits.

NO FREE LUNCH; LIMITS ON SERVICES TO NON-MEMBERS

What are the legal responsibilities of union to non-member?. Need for "vote of support" from all represented employees. Attitude of members toward non-members. Free rider problem drags everyone down. Services not provided to non-members.

BUT IT'S NOT MY JOB: WHAT TO DO ABOUT OUT-OF-CLASS PROBLEMS

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.

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. The Association can give you advice that could protect your job.

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.

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?

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.

'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.

UNDERSTAFFING & WHAT YOU CAN DO ABOUT IT

Management’s right to manage vs. your right to a safe and healthy workplace. Effects of understaffing. Problematic conditions: inability to take lunches or breaks, stress, etc. First steps to getting relief. When to file a group grievance? City’s potential responses. Big picture – top management may want to fix the problem if made sufficiently aware of it.

BUT I'M SICK... YOU MEAN THEY CAN FIRE ME? PART II

Here’s the answer: If the only law protecting you was the FMLA, then the answer could be yes.  However, if you have a medical condition which keeps you off the job for more than three months, other laws come into play:

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'.

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.

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?

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.

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?”

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?

CAN THEY GIVE OUR JOBS TO 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 respond to the City's replacement of permanent jobs with "part-timers?"

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?

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.

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?

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?

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?"

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…

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.

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.

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.

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.

RANDOM DRUG TESTING UNDER THE D.O.T.

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

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.

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.”

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.

DECLARING “IMPASSE”

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

THE CARGILL CASE: 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.

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.

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….

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?

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?

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.

“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.

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.

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.

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, these 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..

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.

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.

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.

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.

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.

VEHICLE LIABILITY

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.

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.

However, 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.

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

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 over 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.

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?

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.

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.

What is 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 SURVIVOR 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.

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.

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.

WHISTLEBLOWER REWARD FROM IRS

Did you know that the IRS now has a Whistleblower Reward Program? It has become increasingly popular as employees

in large corporations have seen their own incomes and benefits decline, while their companies rake in profits.

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.

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.

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.

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.

WHAT MUST YOUR 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.

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 MEDICAL 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.

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 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.

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.

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 Flex Plan

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.

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”)

MEDICAL MARIJUANA: NEITHER A DEFENSE AGAINST DISCIPLINE, NOR GROUNDS FOR ACCOMMODATION UNDER THE ADA

Medical marijuana has now been legal long enough in California for it to make its way into a myriad of Court decisions. For example, if an employee is in a vehicle accident on the job, is he less guilty of intoxication if he has a prescription for his marijuana? Does the prescription protect him from discipline? If a job applicant is found to have marijuana in his system, is this not a violation of the “zero tolerance” policy because it’s “legal?”

VOTER INITIATIVES ON RETIREMENT BENEFITS: HOW SERIOUS IS THE THREAT?

In June 2011, statewide voter initiatives are circulating which, if implemented, could change the shape of retirement benefits for all public employees. The initiatives could; prohibit “full retirement” for current employees until age 62, prevent future employees from ever earning more than 60% of the average of their highest three years’ compensation, deny retirement benefits entirely for future part-time employees, require future employees to make retirement contributions at least equal to their employer’s contribution and prevent any public agency from providing retroactive pension increases “under any plan…”

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.

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.

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.

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.

“Two-Tiered” Retirement Systems…Are They Legal?

In a word, Yes. The “two tiers” refer to different levels of benefits for different groups of employees. When benefits get expensive – or political leaders start getting cheap – the most common way for agencies to save money is by providing lesser benefits to new employees. As long as the employer negotiates these changes with the affected unions, they are perfectly legal.

FITNESS FOR DUTY EXAMS: WHEN CAN THE CITY SEND YOU TO A DOCTOR?

Most people are surprised to find out that your employer CAN send you for a medical or psychiatric exam as a condition of continued employment. Both state and federal law allow these exams when the employer can show that its inquiry about your condition is job related and consistent with business necessity. This means that an exam can be triggered for your out-of-the-ordinary behavior, or for your employer’s reasonable belief that you may no longer be able perform the duties of your job. Learn when you do have the right to a hearing and why therapy isn’t considered discipline.

A Key Amendment to the Americans with Disabilities Act

The Americans with Disabilities Act (“ADA”), if an employee becomes disabled while employed, the employer must engage in a good faith interactive process in order to reasonably accommodate the employee’s disability. Accommodations may include restructuring a job, modifying work schedules, reassignment to a vacant position or providing special equipment or devices. Whether a particular accommodation is reasonable depends on the disabled employee’s circumstances and whether the accommodation would place an “undue hardship” on the employer.

UNEMPLOYMENT BENEFITS FOR PARTIAL JOB LOSS: Help for Employees with Reduced Work Hours Or “On Furlough”

Did you know, though, that there IS a provision under the State’s Unemployment Insurance program to allow employees who are “experiencing partial job reductions” to receive supplementary unemployment benefits? It is called California’s “Work Sharing,” or “partial unemployment” Program.  Once the employer’s plan is approved, eligible employees may apply for the benefits.

Do Salaried Employees Become “Hourly” When They Are Furloughed?

Technically it is illegal for an employer to forcibly deduct pay from an exempt employee, for less than a full pay period. Do the salaried employees become hourly? According to a recent opinion issued by the Department of Labor Standards Enforcement (“DLSE”) the answer is YES: salaried employees who take furlough days DO become hourly employees, but only for the pay period in which the partial week’s loss – the furlough -- occurred.

Sports Injuries – Who’s Liable?

California law severely limits your right to sue in case of injuries during recreational activities. If you are involved in a sport under the auspices of your employer, your employer may be liable if you are hurt. If you were hurt because your equipment was defective, the maker of the equipment may be liable.

Is the Public Employee Retirement System GOING BROKE?

Of the 80 public retirement systems in California, CalPERS (California Public Employee Retirement System) is the largest. It is true that large portions of PERS’ money was generated by, and invested in, the stock market. There is no relationship between the amount of money your employer’s PERS account “earns” in the stock market and the amount that must be paid to you, when you retire. The employer portion is “experience rated,” which means that it fluctuates in response to plan usage AND in response to stock market earnings.

PERS Health Takes a Stand on National Health Reform

PERS Health insures the vast majority of public employees in California. Answer: The plan currently being discussed in Washington would not affect CalPERS members’ benefits. Health care costs are now absorbing huge portions of public agencies’ budgets. It will also help control health care costs for current and future retirees. Health care reform is critical.

The Gender Gap: Where Do We Stand Today?

In 1972 women earned 59-cents on every dollar a man earned. What explains this difference in pay between what the average man and average woman earns? Women supposedly “pick” lower-paid jobs than men. They pick “service work” while men pick industry or business. Since 1982 women have been earning more bachelor’s degrees than men. Women earned 52% of professional degrees conferred in 2008. Between 1960 and 2006, percentage of dentistry degrees earned by women increased from 0.8% to 44.5%. Before unions, most working class jobs were paid at starvation wages. Today, over 8 million women are union members – most of them public employees.

DUI - DRIVING UNDER THE INFLUENCE: WHAT IMPACT WOULD AN ARREST HAVE UPON YOUR JOB?

The courts take intoxicated driving seriously. Whether you drive your car on the job or not, almost all job descriptions require that you carry a valid California driver’s license. Driving between worksites on City time IS driving on the job. If your job requires both driving AND holding a commercial license, however, you are going to have significant problems at work.

PRESIDENT EXPANDS FAMILY MEDICAL LEAVE RIGHTS FOR MILITARY FAMILIES

President Obama signed legislation that gives families of military personnel the right to two different forms of Medical Leave. These circumstances apply when there are medical issues resulting from Active Duty within the five-year period prior to the request for the leave. Get more details in this article regarding Caregiver Leave and Exigency Leave.

THE “UTAH EXPERIMENT:” DOES THE ALTERNATE WORK WEEK REALLY SAVE MONEY?

In 2008, the State of Utah decided to close all of its offices on Fridays and move state employees to a four-day, ten-hour work schedule. The move was an experiment, to determine whether the alternate work week really did save the State money. The outcome was a $4.8 million savings for the year – but the REASON for the savings turned out to be a big surprise. The State had anticipated a $3 million dollar savings in energy. HUGE savings in employee costs: in overtime expenses, to be exact.

WHAT’S THE CITY’S ROLE DURING AN EPIDEMIC?

It’s clear now that the H1N1 Influenza (“swine flu”) is becoming a global pandemic. Luckily, it is not as deadly as we feared a few months ago; but it CAN BE a serious illness: disabling for several weeks, life-threatening for some people, and very, very contagious. So, there are many questions about what responsibilities Management may have for protecting you from contracting H1N1 at the workplace, or relieving you from work if they believe that you have the flu. The article has some very general answers.

DOES COLLECTIVE BARGAINING COMBAT RECESSION? (YES)

Unions weren’t really new in 1935. Workers had been forming unions, primarily in heavy industry, since the 1870’s. When wages plunged from subsistence to starvation levels, millions of hungry homeless people turned to the government for relief. Unions were still a radical idea, but the President and Congress clearly believed that the times called for radical action. There is no question that the government’s support for collective bargaining empowered unions to raise wages -- and no doubt that this helped alleviate the Great Depression.

SHOULD YOU FILE A WORKERS’ COMP CLAIM?

Should you file a workers’ comp claim? What if the injury gets worse, rather than better?

ALWAYS Report an Injury. The law firmly protects employees against retaliation for filing a workers’ compensation claim. Proving workers’ comp discrimination – in fact, proving ANY retaliation or discrimination, requires proving a “nexus” (a connection) between the injury and the negative actions.

STATE FURLOUGHS TURN OUT TO SAVE LITTLE MONEY (BUT CREATE BIG HEADACHE…)

The Franchise Tax Board, which delayed audits due to the furloughs, lost approximately $231 million in revenues. The state will also collect about $60 million less in income tax, due to the employees’ lower incomes. The state is now ordered to pay the employees back – with a predicted cost, thus far, of $37 million. Union lawsuits are not the only kind of legal problem the furloughs have engendered. The State’s response time had fallen below acceptable standards set by the National Emergency Number Association.

DOWNSIZING: HOW SHOULD WE RESPOND TO UNDERSTAFFED WORKPLACES?

Understaffed workplaces triggers a CHANGE in work loads and assignments. It’s perfectly reasonable for you – if you ARE affected – to ask about Acting Pay (or reclassification,) training, work schedules, deadlines, etc. WHAT IF THE UNDERSTAFFED WORK CONDITIONS ARE ABUSIVE?

Most public employees truly believe in the City’s mission of serving the public, even in the face of declining work conditions. SO…here lies the difficulty in “drawing the line” tolerable vs intolerable work conditions. People’s “toleration levels” vary wildly.

COURTS FORCE EMPLOYERS TO COMPLY WITH FEDERAL WAGE LAWS –

EVEN FOR IMMIGRANT WORKERS

This settlement benefitted about 650 workers, and was the largest class-action back-wage agreement involving California's dairy industry.

YOUR LYBARGER RIGHT: YOUR RIGHT TO CONFIDENTIALITY DURING

AN ON-THE-JOB INVESTIGATION

What if you are being accused of stealing, or something else, which COULD lead to criminal prosecution? In this case, you have what is called your “Lybarger Right,” the right to your employer’s guarantee that the information you provide in an administrative setting will not be provided to criminal authorities, nor used against you, for criminal prosecution. In other words, you can’t refuse to answer questions from the employer, under threat of losing your job, but you should be assured that your answers will not be used in any other setting. .

GOVERNOR SIGNS SB186 – CONTINUED RIGHT TO PRE-DESIGNATE YOUR DOCTOR

In the nick of time last year, Governor Schwarzenegger signed Senate Bill 186, which enables California employees to continue to pre-designate their physicians in the event of work injuries. Had the governor vetoed the bill, this right would have been eliminated as of December 31st 2009.

Do’s and Don’ts For Public Employee “Activists”

Some important reminders for employees and associations who may choose to become active on Council or initiative campaigns.

Warning: Your Employer May Be Monitoring Your Voice Mail & Email!

Technology now makes it possible for employers to track virtually all workplace communications -- on the phone and in cyberspace. A recent survey over the use of tracking devices found that roughly three quarters of all companies monitor their employees' use of the internet and/or email. Whether all this monitoring is legal depends on what type of communication the employer is trying to eavesdrop on, how reasonable it is for the employee to expect the communication to be private, and the employer's reason for listening in. This article contains a summary of what to expect.

ARE CITIES GOING DOWN THE TUBES?

Are service cuts inevitable? What about local taxes? What’s a poor city to do? Cities are turning more and more to service charges as a source of revenue. Almost all cities levy business license taxes or fees. These bring in 3% of the average city’s general revenue. Read more about financial trends in the cities in this article.

AGE DISCRIMINATION: AGE DISCRIMINATION IS COVERT, BUT ALIVE …

The Age Discrimination in Employment Act (ADEA) is the federal law that protects individuals from employment discrimination based on age. A retirement incentive offer isn’t discrimination. The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to prohibit employers from denying benefits to older employees. It’s valid to terminate an employee, even an older employee, for poor job performance.

COURTS OVERTURN SCHWARZENEGGER FURLOUGHS - AGAIN

In December 2008 Governor Schwarzenegger ordered mandatory furloughs of state employees of two days per month. The mandatory furlough affected about 200,000 state employees and was supposed to save about $2 billion. In January 2009 a Superior Court Judge ruled that Schwarzenegger did have the power to implement emergency furloughs. In February 2010 another Superior Court ruled that the furloughs must stop. The furloughs had been authorized ONLY to respond to an emergency. Once an emergency is over, employee compensation -- and compliance with union contracts – must be restored.

FRATERNIZATION

There are no laws that regulate workplace “dating and mating,” but employers may pass policies about these. Often called “Fraternization” policies, they ARE negotiable

and can’t be implemented until your union has had the opportunity to meet and confer.

IS YOUR EMPLOYER “CLEANING HOUSE?”

If your Association’s layoff procedure is weak (or there is no layoff procedure,) then the City can probably “hand-pick” the employees it wishes to lay off. But, if you have a good, seniority-based layoff procedure, their hands are a bit tied. Layoff-by-seniority treats employees objectively: the newest must go first (usually by job class) without regard to their helpfulness or “flexibility.” Under these circumstances, Management may

step up disciplinary activity to begin eliminating those people they prefer.

HEALTH REFORM LAW

We are entering the era of universal health care in America. This means lots of change for people who can’t afford or have been denied insurance, lots of tough rules for insurance companies, and a noticeable tax increase for the wealthy. But, if you’re a moderately paid public employee in California, it probably means very little change for YOU.

COULD THEY GIVE MY JOB TO A VOLUNTEER?

We thought we hit bottom with cheap, non-career labor, but the recession has created a whole new low “nadir of cheapness:” the volunteer. This is not to say that volunteers are an entirely new phenomenon. They’ve always been around, and have always been appreciated – especially in youth programs or senior citizen centers. For as long as their supply and their enthusiasm lasts, they are being used to replace regular, full-time positions.

PROBATIONARY EMPLOYEES PROTECTED AGAINST RETALIATION

An employee filed a claim with the Public Employment Relations Board (PERB), saying that he was wrongfully terminated in retaliation for exercising his grievance rights. The PERB hearing officer agrees.

WHAT THE MANAGEMENT-SIDE LAWYERS ARE TELLING THEIR CLIENTS

This article is a summary of a management-side lawyer’s suggestions about how to handle employee problems. We don’t know how many HR Directors are taking this underhanded advice, but it is amazing to discover an entire premeditated strategy for “turning the tables on the unions” in six easy lessons. Here is a summary.

IMPORTANT ADA DECISION: EMPLOYERS MUST ACCOMMODATE EMPLOYEES’ NIGHT-DRIVING PROBLEMS

The Third Circuit Court of Appeals overruled Rite Aid and held that “changing an employee’s hours to prevent disability-related transportation issues is exactly the type of accommodation contemplated by the Americans with Disabilities Act.” In fact, the ADA specifically cites “modified work schedules” as an example of a reasonable accommodation.

EMPLOYERS CANNOT BAR ASSOCIATIONS FROM USING E-MAIL SYSTEM

In today’s workplace e-mail has become the most common method of communication – not only between employers and employees, but between employees and their co-workers. Employers DO have the right to control the use of e-mail and the internet, particularly as it relates to the CONTENT of material or the use of employee time. But it has become virtually impossible for employers to deny the use of e-mail for non-work interpersonal communications. And, as a result, it has become virtually impossible for employers to deny the use of e-mail for union communications. Learn why.

NEW HEALTH CARE LAW: EMPLOYERS MUST ACCOMMODATE NURSING MOTHERS

Most people don’t know in March 2010 the FLSA (Fair Labor Standards Act) was amended to allow working mothers time to express milk. The modified law now requires employers to provide a “reasonable” amount of time based on the woman’s need.

THE CITY IS “REORGANIZING”…. DO EMPLOYEES HAVE ANY CONTROL?

So, what kinds of changes does your Management have the right to make “unilaterally,” -- and which must be negotiated with your union? This question goes to the core of the purpose of the Meyers-Milias-Brown Act (MMBA), which is the collective bargaining law for cities and special districts. The MMBA says, essentially, that ANY topic affecting “wages, hours and conditions of employment” is negotiable. So, when can the City “just reorganize” YOUR job, and when do you have the power to protect yourself from undesirable change? This articles gives some answers.

EMPLOYER MAY BE HELD LIABLE FOR EXACERBATING EMPLOYEE’S INJURY

If an employer knows of a dangerous condition that causes an employee's work- injury and they fail to correct that condition, the employee may be entitled to an additional 50% compensation beyond their workers' compensation settlement..

EMPLOYEES ON DISABILITY ARE ELIGIBLE FOR COBRA

If you are off the job with an illness or injury, the Family Medical Leave Act requires the City to continue your medical benefits (including the City’s contribution to those benefits) for at least twelve weeks. But what if the condition lasts LONGER than twelve weeks? Can the City discontinue your benefits?

WHEN CAN YOUR ASSOCIATION “JUST SAY NO” (TO TAKEAWAYS?)

The function of an MOU is to summarize the various agreements between an agency and its employees and to hold these in place until the contract expires. This means that if you have a contract in force, your union can “just say no” to management-initiated proposals.

DEPARTMENT OF LABOR EXPANDS DEFINITION OF “PARENT”

UNDER THE FAMILY MEDICAL LEAVE ACT (FMLA)

Given recognition of the many alternate ways that a family might be constructed today, the DOL has been asked to render an opinion about the specific meaning of loco parentis.

The new Guidelines make clear that there is no requirement for a biological or legal relationship with the child to stand in loco parentis. FMLA leave can be extended to domestic partners, grandparents, or other family members who provide either day-to-day on-going care or financial support for the child.

WHAT TO DO WHEN YOU CAN’T DO IT ALL

One of the most immediate outcomes of financial difficulties at any agency is understaffing. This is not just a word; it’s a major predicament: how to keep shoveling the work forward with fewer and fewer hands on the shovel. Most cities won’t just shut programs down so they try to reorganize. “Reorganization,” as we know, may be little more than a smokescreen for making fewer people perform more job duties.

EMPLOYERS CAN’T MAKE HOURLY EMPLOYEES “EXEMPT” TO AVOID PAYMENT OF OVERTIME

Runaway overtime can easily double the cost of an employee. It’s legal for public agencies to cut back sharply on overtime opportunities. What’s NOT legal, however, is for the City to attempt to designate hourly employees as “salaried,” or FLSA-exempt, in the attempt to avoid payment of overtime.

MUCH ADO ABOUT BELL

The Bell story triggered investigations about the pay packages of councils and managers all over the state. Clearly some people have the goal of convincing people that government is inherently bad, and that their long-time “public servants” are public enemies! The Real Story…

IS THE RECESSION HAVING A “CHILLING EFFECT” ON EMPLOYEE RIGHTS?

People are afraid to speak up when they are harassed about finishing work they can’t possibly finish. People are simply afraid. Although it’s blatantly illegal for employers to retaliate against employees for exercising their “protected activity rights” (i.e. their right to file a grievance,) it occurs nonetheless. Group grievances obviously provide some protection for each individual member.

CITIES CAN’T USE LAYOFFS TO AVOID DISCIPLINE PROCEDURE

Public employees in California can’t be terminated without a hearing. Layoffs, on the other hand, are widely recognized to be an absolute management right, and very few agencies make any provision for employees to appeal or object to layoffs. The case, Levine v. City of Alameda, involved an employee who believed that his layoff was a pretext, and that he was actually terminated because his supervisor disliked him. The Court held that the employee was entitled to a hearing prior to the layoff, including full evidentiary due process to raise issues about the “real” reason for the layoff.

ASBESTOS IN THE WORKPLACE

If you have been exposed (or suspect you have been exposed) to asbestos you should inform your doctor about the exposure history and about symptoms you may be experiencing. Your employer is obligated to notify you if they believe that you have been exposed to significant doses of asbestos on the job. At your request, they are also required to send you to a doctor for tests and assist you in filing a workers’ compensation claim. Companies and public agencies have paid billions in workers’ comp claims to victims, and their families who were killed by asbestosis.

“PICKING YOUR BATTLES” DURING HARD TIMES

Some declining work conditions just SHOULDN’T be “adjusted to” at all! The line between hard work and exploitation is thin. You should not be expected to work through lunch, skip breaks, come to work sick, take work home, work overtime without pay (including taking “comp time” when you want the pay), work excessive overtime, perform most of the duties of a higher job class, or be harassed, made ill, or given negative evaluations for failing to do an impossible amount of work.

EMPLOYEES’ SHARE OF HEALTH CARE COSTS ARE SKYROCKETING

The Kaiser Family Foundation and National Health Research Trust have just released a survey about the health care programs of more than 3,000 private and public employers. The findings were predictable: while the actual cost of health care premiums rose only 3% in 2009, the amount paid by employees rose by 14%.

SACRAMENTO COUNTY LOSES THE BATTLE FOR PENSIONERS’ PRIVACY

In September 2010 a Sacramento Superior Court judge ruled that the County’s retirement system can't withhold information about employees’ pensions from the public.

BE CAREFUL WHAT YOU TWITTER: THE JOB YOU LOSE COULD BE YOUR OWN

The use of social networks has raised questions about whether employees, especially public employees, can be held responsible on the job, for things they say or do off the job and “in the media.” Non-sworn employees are NOT considered “representatives of the City” except when they are at work. You have the right to free speech. Public employees are held to a higher standard than private sector employees. In all cases, the Courts have allowed the employer to impose the discipline.

MORE ANSWERS TO QUESTIONS ABOUT YOUR MEDICAL PLAN

Can I take legal action for increased share of costs? Can they just lower the retiree health care fund contribution? Can they just stop one HMO provider and start up with another?

NEW FEDERAL RULES FOR INVESTORS HANDLING PUBLIC MONEY

The Securities and Exchange Commission (SEC) has adopted new rules designed to curtail questionable investment practices by people managing money for state and local governments. The problem, we have learned, is that wherever there are large sums of money available, there is room for bribery and fraud.

HOW DO PUBLIC JOBS COMPARE TO THE PRIVATE SECTOR - TODAY?

The study found that public employees make lower pay than private employees, but receive significantly HIGHER medical and retirement benefits. Public employees are generally better educated than private employees: 55% hold Bachelor’s degrees, compared to only 35% of private employees have BA’s.

Public employers spend 36% of “total employee compensation” on benefits, including 11.8% on medical and 8.2% on retirement. Private sector employees with Masters Degrees earn 33% more than employees with equivalent education in government ($107,017 compared to $71,527.)

HR DIRECTORS PUBLISH THEIR “TAKEAWAY PLANS”

California’s Human Resources Managers meet regularly to discuss their common issues on the job. or the last several years, the overriding topic has been how to manage their agencies’ workforces with rapidly diminishing resources. In reality, this means how to accomplish employee takeaways, without a lot of conflict and without the union suing you. (This is why the same strategies and bargaining packages show up in differing cities all over the state.)

ARBITRATOR REVERSES MANAGER’S DISCIPLINE FOR LOW PRODUCTIVITY -- IN UNDERSTAFFED WORK CONDITIONS

The County of Contra Costa has been ordered to reinstate a manager in its Mental Health Department who was demoted for “failure to perform” in severely understaffed work conditions. In fact, the arbitrator who heard his case said that it was “remarkable” that he made only four significant errors, “given the scope of his responsibilities” and the extent to which the program was “stretched to the limit on resources.”

IF YOU (OR A FAMILY MEMBER) HAVE A CHRONIC ILLNESS, YOU SHOULD HAVE AN “FMLA LETTER” ON FILE

Why? Because if you or a member of your immediate family have a medical condition which might cause you to lose work time, you will be protected from job loss for up to 12 weeks. Further, it is illegal for employers to “adversely impact” (discipline, reprimand, or give negative evaluations) employees for the legitimate use of time under the Family Medical Leave Act.

THE PERS “GOLDEN HANDSHAKE:” HOW IT REALLY WORKS

The “Handshake” is a program enabling employers to provide two years of service credit for any “retirement eligible” employee. The Handshake isn’t free. There is NO requirement that the benefit be offered to ALL eligible employees in the unit, although this subject is negotiable, also.

WHAT DOES “SENIORITY” MEAN?

Seniority is a principle, not a law. Seniority rules are negotiable. As long as everyone agrees on the policy, seniority is the perfect way to sort out people’s differences. Often the details about how a seniority policy works aren’t written down. Unlike seniority systems for picking shifts or days off, seniority-for-layoff is controlled by law. Layoff procedures are a major subject of bargaining – and layoffs for “economy purposes” must be based on seniority.

WHAT IS A “PAST PRACTICE?”

An employer cannot change a legitimate past practice without bargaining with the Association. If your “past practice” contradicts what the MOU (or other City rules) say, the City can enforce the language in the written

rules. When contract language is “clear and unmistakable” it will always “trump” past practice. Past practices “detail out” how the rules really work. Under these circumstances, Management can’t change a past practice without bargaining.

GINA….PROTECTION AGAINST GENETIC DISCRIMINATION

The new law prohibits discrimination -- by health insurance companies or by employers – against individuals on the basis of genetic characteristics. It also restricts employers or health insurance companies from disclosing genetic information.

CALIFORNIA IS AN “AT WILL” STATE …. EXCEPT FOR PUBLIC EMPLOYEES

Employees in California can be terminated “without cause,” unless they are public employees. Other employees in California have no such system. If the employer fires the employee before the contract is completed, the employee may have grounds for suing over a “breach” of that contract. The law protects people against retaliation for reporting violations of law, or exercising their rights under the law. There are also a few other times that employees are protected: when they are in court as crime victims, when they are in a shelter due to domestic violence or natural emergency, when they are voting, etc. Employees terminated during one of these periods may have cause for legal action.

TOUGHER LAWS FOR PEOPLE WHO HOLD “HEAVY VEHICLE” LICENSES

In the last few years, these employees have been subjected to huge changes in work conditions, as the laws surrounding these licenses have become more and more stringent. Starting in the mid-‘90s, the federal Department of Transportation began requiring employers to conduct random drug and alcohol testing. After that, a series of rules were implemented which raised questions about employees who have vehicle accidents, and require employees with positive substance tests to be removed from the job.

WHO MADE PUBLIC EMPLOYEES THE SCAPEGOAT … AND WHAT DO THEY HAVE TO GAIN?

There isn’t any way to ignore it any longer: the media have declared war on public employees. From overblown reports on sleazy politicians, to exaggerated tales of pension plan debt, public employees have become our country’s? scapegoats. You know that we’ve lost all sense of proportion when even liberal politicians like Jerry Brown (himself a public employee for 30 years) says he’s going to “break the unions’ stranglehold” on the State budget. More about the myths in this article.

WHEN DOES A CITY EMPLOYEE HAVE THE RIGHT TO APPEAL A LAYOFF?

Since Levine v. City of Alameda, attorneys for public employers have been advising their clients that they should make some sort of hearing process available to employees who believe that they have been targeted for layoff for some reason other than the City’s need to eliminate the job. The court in the Levine case didn’t draw a distinction between layoffs for economic reasons and layoffs due to reorganization, contracting out, or discontinuation of services. In California, layoffs for economic reasons, are supposed to be based primarily on seniority.

DO YOU HAVE THE RIGHT TO TAPE RECORD YOUR BOSS?

Because it is against the law to tape record anyone without his knowledge or permission. It’s also illegal to place a bug or recording device on a person, or in a home, office, or restaurant to secretly record conversations. Does your boss have the right to tape record you? When it comes to tape-recording phone calls, the current law applies: your employer must tell you if you are using a tape-recorded line.

ANSWERS TO SOME QUESTIONS ABOUT OVERTIME

As city administrators scrutinize their budgets, trying to provide services with less and less money, you – the employee – are inevitably asked to do more work for less pay. Overtime costs are a large portion of public agency budgets; it isn’t unusual for agencies to be “pushing the boundaries” of the federal overtime laws. Here are some answers to employees’ recent questions on this subject.

SUPREME COURT DETERMINES THAT HEARING OFFICERS MUST BE TRULY IMPARTIAL

Several years ago, a decision by the California Supreme Court finally addressed a problem that public employee associations have been complaining about for years: decision-making by “impartial” hearing officers who are clearly NOT impartial. They are either part of the City’s Management or are selected and paid by City Management.

EMPLOYER LIABILITY FOR AUTOMOBILE ACCIDENTS

if you are in an accident, while performing work-related duties, your employer is responsible. Liability applies under this section only if the public employee is operating the vehicle in the scope of employment; accidents incurred by employees driving to and from work are NOT “within the scope.”

HAVE YOU HEARD ABOUT THE FACEBOOK FIRING CASE?

In October 2010 the National Labor Relations Board (NLRB) filed a complaint against American Medical Response (AMR), a Connecticut ambulance service, on grounds that the company violated federal labor law when it fired Dawn Marie Souza. Employees are prohibited from making disparaging, discriminatory or defamatory comments when discussing the Company or the employee's superiors, co-workers and/or competitors.

WHAT ARE ALL THESE “CONSULTANTS” DOING AROUND HERE?

It’s easy to forget that there are reasons for all those burdensome rules about advertising, testing and hiring

employees, “on the basis of merit” for jobs in public agencies. Simply put: the duties of a job belong to a job classification. If the duties of the position are assigned to someone outside the bargaining unit, the City has essentially “stolen” a position from the union.

YOUR “RIGHT” TO USE SICK LEAVE

When sick employees are harassed for their legitimate use of sick time, this doesn’t make the employee perform the job any better. If you have a serious medical condition, or if you have a family member with a condition who you must care for, you have the right not to be bothered about this. What IS sick leave “abuse,” anyway?

EMPLOYERS HAVE LEGAL OBLIGATION TO PROVIDE SAFE AND HEALTHY WORKPLACE

Employers recognize they have a legal obligation to provide their employees with a safe environment in which to work. In most people’s minds, this means minimizing employees' exposure to dangerous work-related processes, machinery, or environmental risks in the field. However, the legal obligation to provide a safe work environment also includes minimizing the risk that employees will be victims of workplace violence. One way to do this is to make everyone aware of the “early indicators” of a potentially violent co-worker.

IN TIMES LIKE THESE, WHY BARGAIN AT ALL?

Today (2011) bargaining is almost all bad. Whether your City is really broke, or just responding to vague “political pressure,” MOU negotiations are likely to be your City’s opportunity to implement “takeaways.” Associations that are in the middle of long contracts are better off than groups whose contracts are expiring. Those with expiring contracts are best off negotiating the longest extensions possible. Unfortunately, public agencies in California have become increasingly aggressive in pushing for shorter and shorter contracts.

WHAT DOES THE CITY “HAVE TO PAY” TOWARD YOUR RETIREMENT BENEFITS?

Most, but not all, Cities and Water Districts in California participate in the California Public Employment Retirement System, commonly known as CalPERS. There’s no legal requirement that they belong to PERS. Several dozen belong to county retirement systems, such as the San Bernardino- or Orange County Retirement Systems. A few agencies also have privately-funded retirement programs.

PUBLIC OPINION ABOUT PUBLIC EMPLOYEES IS CHANGING

Last month California voters were asked their opinions of public employee unions, and public employee pension plans. The Field Poll, which surveyed 1035 people found that nearly half (46%) felt that “unions do more good than harm.” Only 35% felt the opposite. The opinion split along party lines. Nearly six in 10 Democrats surveyed support labor unions, while 57 percent of Republicans believe unions do more harm than good.

WHAT HAPPENS WHEN PUBLIC EMPLOYEE UNIONS ARE DESTROYED?

The 2011 uprising in Wisconsin has fostered some good debate about the cost of public employees and the “value” of their services. The big philosophical question is: what difference do all the “services” make in people lives? Is there a relationship between public services and public well being? Does it make any difference what we pay these “public servants?” Does it make any difference whether they have the ability to negotiate over that pay?

IRS KICKS OFF “WHISTLEBLOWER REWARD PROGRAM” The whistleblower program was designed to encourage tips in large-scale organizations.

WHAT IS ARBITRATION? Arbitration is a formal hearing process. In many agencies, however, the decision of the arbitrator is advisory to the City Manager or the City Council. This article discusses Limitations to Arbitration, Why Choose Arbitration, and Arbitrating a Major Discipline Case.

VOTER INITIATIVES ON PUBLIC EMPLOYEE BENEFITS: HOW SERIOUS IS THE THREAT? Statewide voter initiatives are circulating which, if implemented, could change the shape of retirement benefits for all public employees. Prohibit “full retirement” for current employees until age 62 and deny retirement benefits entirely for future part-time employees. This article discusses the state of the law for current employees and changes to future employees’ benefits.

THE REPORTS OF CALPERS’ DEMISE ARE …. PROPAGANDA!

There is no need for reform of the statewide pension system. In fiscal 2010, the fund earned a 13.3 % return on investments. Those advocating massive pension reform don't admit that only 22-cents of any pension payout dollar comes from taxpayer funds. 

ANOTHER HURDLE FOR HEAVY VEHICLE DRIVERS: SLEEP APNEA TEST

Millions of public employees drive trucks or busses. To do this they must carry Class A or Class B drivers licenses take special driving tests and pass a physical every two years. As many drivers know, the criteria for passing both the test and the physical have been getting tougher every year. This year, a new component has been added: a test for sleep apnea.

“HOW CAN I GET THE TRUTH ABOUT MY CITY’S FINANCES?”

Is there some way to gather concrete information about the status of your City’s finances? The answer is YES. It is called the Comprehensive Annual Financial Report or CAFR. The CAFR is an annual report filed by every city in California, within six months after the end of the fiscal year. It is has to be submitted to independent auditors for verification.

CAN YOUR ASSOCIATION “TRADE AWAY” YOUR BENEFITS?

Both State and Federal law establish some basic rights and benefits of public employees. But “basic” is the operative word; employees are often surprised to discover how minimal these legal “protections” really are. The vast majority of your rights and benefits are NEGOTIATED, and are found either in your City’s Personnel Rules or in the MOU between the City and your Association.

DID YOU KNOW THAT YOU ARE AN “EMERGENCY DISASTER SERVICE WORKER”?

Under Government Code 3100 all public employees in California are considered “Emergency Disaster Service Workers.” If you are at work, you can be compelled to stay at work until you are released. All public agencies are required to have a Disaster Preparedness Plan.

IF YOU’RE SUFFERING SIDE EFFECTS FROM MEDICATIONS ….

YOU MAY BE DUE ADDITIONAL WORKERS COMP PAY

If you are taking medication for a work-related injury, you may be entitled to additional Workers Compensation benefits for any side effects related to the medication. Some common medications can cause or aggravate these serious conditions:

CALPERS CONFIRMS IT: PENSIONS ARE A VESTED RIGHT

A June 2012 CalPERS report confirms that public employee retirement benefits are a form of deferred compensation. As Anne Stausboll, CalPERS’ Chief Executive Officer put it, a pubic employer’s promise to its employees for a pension “is a promise that employer must keep.”

SO NOW …THE CITY MANAGERS TAKE A STAND ON PENSION REFORM

The League of California Cities’ Board of Directors has now adopted its own policy on public pension reform. Crafted primarily by the “City Managers Department,” the policy starts out by agreeing that high pension costs have created a problem of such proportion that they seem to be shaking the very foundations of civilization:

PAY GAP BETWEEN UNION & NON-UNION PUBLIC EMPLOYEES

This table, put together by the American Federation of Teachers, shows public sector salaries, nationally, from 2002 through 2010. The data shows that employees with collective bargaining agreements (Union Contracts) make, on average, about 30% more than employees who have no such agreements. This is true even during a recession.

UNDERSTAFFING MAY BE HAZARDOUS TO YOUR HEALTH!

Understaffing legal violations can be fairly obvious: unpaid hours of work, skipped lunches and breaks, working out-of-class, abuses of part-time labor, etc. It is almost inevitable that work injuries increase when people work in understaffed circumstances. The problem, of course, is that a short-staffed work place also often pressures people about constant attendance. (Similarly, management may “look the other way” when employees take work home or work overtime “under the table.”

WHAT IS COLLECTIVE BARGAINING?

Is collective bargaining a "right"? Could Public Employees LOSE their Right to Bargain? Several states HAVE taken away their public employees’ collective bargaining rights this year. Public employees’ bargaining rights are NOT guaranteed by the federal government.

DECLINE IN PUBLIC EMPLOYMENT CITED AS A “DRIVING FORCE” IN THE STATE’S RISING POVERTY RATE

California’s poverty rate has risen in the last year, faster than any other state in the country. One of the key causes, according to economists at the University of the Pacific is budget cuts in the cities and school districts.

WHAT TO DO WHEN YOU’RE INJURED

Even if you think the injury is minor, report it. The system doesn’t really care how the injury occurred. If you’re hurt on the job and DO need medical care, the law requires your employer to provide it. If your injury is so serious that you end up with a permanent disability that results in job loss, YOU WILL NEED A LAWYER.

MOONLIGHTING . . . DOES THE CITY HAVE THE RIGHT TO INTERFERE WITH MY OTHER JOB?

The employer has the absolute right to make sure that you are not performing outside work that could influence your decision-making in your City job. Section 96(k) also allows employers to take disciplinary action when the non-work activity causes the employee’s work performance to suffer. This means that an outside job which takes time away from your City job, or may leave you too tired to perform that City job, can be cause for suspicion.

BIG, BIG CHANGES IN STATEWIDE BARGAINING LAW!

On October 9, the Governor signed AB 646 the Meyers-Milias-Brown Act (the bargaining law for cities, counties and “special districts”) to include mandatory fact-finding. The law is very general and will certainly result in litigation to pin down the details, but it basically says that an employer can no longer simply, and often time quickly, impose their “last best offer” when the parties reach a stalemate in bargaining. Instead, when the union and the employer reach an impasse, either side may call for a panel of fact-finders to investigate the situation and make recommendations for resolution.

JERRY BROWN’S “12-POINT PLAN” DOESN’T AFFECT CITIES OR UTILITY DISTRICTS (YET…) In October, Governor Brown unveiled a proposal for the massive overhaul of the Public Employment Retirement System. Although the plan could NOT affect cities or utility districts immediately (because they all have independent contracts with PERS) it holds real potential for future benefit losses.

IRS CLARIFIES TAX TREATMENT OF EMPLOYER-PROVIDED CELL PHONES

The IRS has issued clarification on the subject of taxation of employer-provided cell phones.

NEW LAW RAISES PENALTIES FOR EMPLOYERS WHO MISCHARACTERIZE EMPLOYEES AS CONTRACTORS Governor Brown has signed SB 459, which has the capacity to impose big penalties on employers that

willfully misclassify employees as independent contractors. Currently, millions (if not billions) of dollars are lost each year to both state and federal governments when employers force employees to absorb the cost of their own payroll taxes.

WHEN CAN YOU FILE A WORKERS COMP CLAIM OVER A PSYCHOLOGICAL ILLNESS?

Everyone knows that people who are physically injured on the job have the right to workers compensation benefits. But it is also true that employees who suffer psychological or psychiatric injury may be due payment or medical care under the workers comp system.

WHEN DOES THE CITY HAVE THE RIGHT TO BREAK YOUR CONTRACT?

The Labor Agreement between your Association and the City -- your MOU -- is a Contract. The enforcement of that Contract (your right to expect that your negotiated “wages hours and working conditions” will be honored) is rooted in the “Contracts Clause” of the U.S. Constitution. It literally says that written agreements may be upheld by force of law: people or entities that violate contracts can be sued. Contracts can be enforced.

DOES RAISING THE RETIREMENT AGE INCREASE INEQUALITY?

Right now, our national Congress is considering raising the eligibility age for Medicare and Social Security. At the same time, Governor Brown’s pension reform plan is proposing to raise the retirement age for most public employees to 67. On the surface, this looks sensible. After all, life expectancy is presumed to be much higher today than when any of these programs was initiated.

CAN THE CITY INSTALL SURVEILLANCE EQUIPMENT IN YOUR WORKPLACE?

You are not going to like this, but your employer has the right to monitor your workplace and can install audio and video devices. The state of the law is actually self-contradictory about whether they actually have to tell you. It’s illegal, for example, to tape record employees without their knowledge, but legal to videotape them!

DIFFERENCES BETWEEN UNION AND NON-UNION SALARIES PERSIST, DESPITE RECESSION

With all the loss public employees are experiencing, it’s reasonable to ask what your Association is doing for you. Analysis of the data for most of the last decade (from the American Federation of Teachers 2010 Compensation Survey) gives a concrete answer.

COURT RULES THAT DISCUSSIONS AT LABOR/MANAGEMENT COMMITTEES NEED NOT BE MADE PUBLIC

The State Attorney General ultimately issued an opinion: Since the law exempts “any meeting and negotiating discussion between a public school employer and a recognized employee organization” from the Brown Act, and since health benefits are within the scope of bargaining, and the Committee was a product of bargaining, the Committee is a part of the continuing bargaining process. The A.G. advised that the committee was not a legislative body subject to the open meetings law, and the Court sustained this position.

HOW THE NEW “FACT FINDING” LAW IS GOING TO WORK (AND WHY IT’S IMPORTANT TO YOU…)

Last month the Public Employment Relations Board held forums to enable lawyers, union reps and managers of public agencies to submit their ideas about how AB646 will be administered. AB646 is the new law, allowing labor organizations to call for fact finding in negotiations before their employer can impose a “last best offer.” Predictably, labor and management differed wildly in their recommendations about how the law should be interpreted.

THERE OUGHT TO BE A LAW

What does the law say about these situations: When are pay raises required? What is an employer required to pay extra for weekend or night work? Don’t I have to be paid overtime after eight hours in a day? How are vacation, sick leave and holiday pay computed? When must they be paid? I thought federal holidays had to be paid at time-and-a-half…? If I work overtime, but am sick during the pay period, my employer subtracts my sick leave from my overtime pay.

2.5% at 55 OR 401(k) … WHAT’S YOUR CHOICE?

Here are some facts about our economy, our retirement, and the cost of public employee benefits, gathered from more than a dozen studies conducted by universities, advocacy groups and bi-partisan organizations. Our goal is to give you a wide swatch of factual information, to help clear the fog in the “Pension Debate.”

EMPLOYER LIABILITY FOR AUTOMOBILE ACCIDENTS

Suppose you are running an errand for your boss at lunchtime in your car and have an accident -- who is liable? If you are in an accident, while performing work-related duties, your employer is responsible if the public employee is operating the vehicle in the scope of employment; accidents incurred by employees driving to and from work are NOT “within the scope.”

HOW HAS YOUR ASSOCIATION CHANGED OVER THE YEARS?

The big cultural change in the '80s was the crackdown on racism and sexism in the workplace. This wasn’t necessarily out of the goodness of the cities’ hearts; it was fueled by a LOT of legal action. This articles discusses: Bargaining in Good Times, The Impact of Prop 13, Transitioning from Social Group to Union, Who Will Enforce These Laws?, The Need for Skilled Staff, This Year’s Big Change, Political Action isn’t a Luxury Today.

EMPLOYERS CANNOT BAR ASSOCIATIONS FROM USING E-MAIL SYSTEM

In today’s workplace e-mail has become the most common method of communication – not only between employers and employees, but between employees and their co-workers. Employers DO have the right to control the use of e-mail and the internet, particularly as it relates to the CONTENT of material or the use of employee time. But it has become virtually impossible for employers to deny the use of e-mail for non-work interpersonal communications.

SEXUAL HARASSMENT …. OR NOT? USEFUL RESPONSES TO EVERYDAY CIRCUMSTANCES

Sexual harassment in the workplace is much less prevalent than it was a generation ago. Reports from the Equal Employment Opportunity Commission show that the number of cases have been dwindling every year since the mid-'90s. The decline has been attributed to a combination of good laws (and good lawsuits!) as well as active employer education. To put it bluntly: employers don’t “look the other way” at sexual harassment the way the used to.

THE RIGHT TO BARGAIN PERSISTS, EVEN WHEN YOUR MOU EXPIRES

A Union Contract is a CONTRACT. Really. If you belong to a public employees association, your Contract is your Memorandum of Understanding and, even if your MOU has “expired,” it remains in effect. The City may not change any aspect of your Contract without bargaining. If your Contract has not expired, your Association probably can’t be compelled to bargain at all! (Not bargaining, nowadays, is probably a good thing.)

SLEEPING AT WORK MAY BE A SIGN OF A “PROTECTED” DISABILITY

The City gave me a termination notice because I have fallen asleep several times at my desk. I went to a meeting and brought a letter from my doctor, explaining that I have sleep apnea. But they fired me anyway. Is there anything I can do?

WHEN DOES THE CITY HAVE THE RIGHT TO BREAK YOUR CONTRACT? BreakingContracts

The Labor Agreement between your Association and the City -- your MOU -- is a Contract. The enforcement of that Contract (your right to expect that your negotiated “wages hours and working conditions” will be honored) is rooted in the “Contracts Clause” of the U.S. Constitution. It literally says that written agreements may be upheld by force of law: people or entities that violate contracts can be sued. Contracts can be enforced.

WHAT IF MY JOB MAKES MY (PRE-EXISTING) INJURY WORSE?

AgravateInjury

Everyone knows that you can file a workers compensation claim if you are hurt on the job. But what if you are hurt (or sick) from causes outside your job, and the condition becomes worse as the result of the duties you perform?

LABOR-MANAGEMENT COMMITTEES: SOLVING WORKPLACE PROBLEMS, EVEN DURING HARD TIMES: LMCsAs the depression deepens for public agencies, the potential for conflict between labor and management only increases. Why? Because public employers are under increasing pressure (both financially and politically) to squeeze more money out of employee wages and benefits. Your union’s job, of course, is to prevent this. This creates conflict….

HEALTH CARE FOR “THE WORKING POOR” (Sitting Next to You) Health4WorkingPoor

Did you know that California was one of the first states to create a universal health care system? In 2003, Gov. Gray Davis signed legislation which required employers of more than 50 people to provide all employees with health insurance, or pay a fee to the state so that it could provide insurance. Before the program could get off the ground, though, it was repealed by voter referendum.

AB1203: RELEASE TIME FOR ASSOCIATION LEADERS releaseTime4Leaders

This bill will allow employee association leaders in cities and utility districts “reasonable time off” for representation of co-workers and for attending organizational events. Under current law, the right to paid time for union business is strictly limited to contract negotiations.

WHAT TO DO ABOUT A BOSS WHO… Bullying

If you have a problem supervisor, whether he or she is nasty or discriminatory or incompetent, the need to get along is more important and, often, more difficult. This person has control over your livelihood. There are no foolproof methods for getting along with difficult bosses, but here are a few tactics we can recommend.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

In some cases, an employer’s behavior toward an employee is so cruel, intimidating, and severe that an employee suffers extreme emotional upset. You may use your grievance procedure to report harassment and seek relief, but if you believe that your employer OWES YOU SOMETHING for your suffering, you have the right to sue. This would be a claim over the “intentional infliction of distress.

WHEN AM I “ON THE CLOCK”?

It’s not unusual for an employee to be working, but not at the regular worksite during normal work hours. The law controlling wages and hours is the Fair Labor Standards Act and, with few exceptions, the FLSA says that all work “suffered” on the part of your employer must be paid.

WHAT’S THE IMPACT OF OBAMACARE ON THE YOUR HEALTH CARE PROGRAM?

What impact will the ObamaCare program (if it survives court challenges) have on contract negotiations? Will it assist cities and counties in reducing costs for employee healthcare? Will it reduce their alleged skyrocketing costs, which they now say they must pass along to the employees?

OVERTIME ALERT!

Overtime pay can be expensive: the Fair Labor Standards Act requires employers to pay time-and-a-half for overtime. Overtime in the public sector is triggered after 40 hours in a week. But does the City have the right to REQUIRE you to work overtime?

HIRING AND PROMOTIONAL PRACTICES: WHAT RULES MUST A PUBLIC EMPLOYER FOLLOW? (AND WHICH ONES CAN THEY MAKE UP AS THEY GO ALONG?)

Employers are supposed to be unbiased when it comes to hiring and promotional practices. It is illegal to discriminate on the basis of race, ethnicity, gender, age, sexual orientation or disability. Government agencies jobs are supposed to be filled primarily on the basis of merit: the absolute best person for the job determined on the basis of an objective testing procedure.

WATCH OUT FOR THE 38-HOUR WEEK!

The practice of alternate work weeks is not exactly new. However, the idea of the 38-hour week IS relatively new, and relatively rare.

ON THE JOB INJURY: WHEN DO YOU NEED A LAWYER -- AND WHY?

If you're hurt on the job, either physically or psychologically, your employer has the responsibility to care for you, in accordance with the law. You DON'T necessarily need a lawyer. The decision about whether you need one depends on (1) whether you have a permanent injury, and/or (2) whether the City is contesting your claim.

NASTY NEW “IMPROVEMENTS” TO DOT DRUG TESTING PROCEDURES

Several years ago, the Department of Transportation issued new procedures allowing ‘direct observation’ of certain employees when they give urine samples. This means that employees (who meet certain standards for “suspiciousness”) will now be subject to being watched (by “same sex observers”) while they provide urine samples.

ANSWERS TO YOUR QUESTIONS ABOUT FAMILY MEDICAL LEAVE

This article examines how do I notify the City that I need to go on FMLA; will my job or salary be in any jeopardy while I am out; Do vacation, sick and holiday time accrue while I’m off on FMLA time. How will this leave affect my CalPERS service time; does the time off affect my anniversary date? Can it interfere with evaluations or step raises; what happens if my doctor is not able to release me back to work and the FMLA period is over; what can the City do to me; what if my injury is work-related, could they still terminate me; does my association provide any help to me if I need to go to a termination or ADA meeting?

THE WAR ON PUBLIC EMPLOYEE PENSIONS: WHO IS REALLY SPEAKING FOR “THE PUBLIC”? The war on public employee pensions is being generated by people with self-interest. It really IS “all about the money.” Since the mid-70’s, well-heeled “taxpayer groups” have been trying to implement “reforms” at the state level.

THE “VALUE” OF YOUR VACATION

There is no requirement that employers provide paid vacation in California. However, if you have a union contract (and most public employees do…) then you probably accrue a small number of vacation hours with each paycheck.

STATE GEARS UP FOR MASSIVE HEALTH CARE PROGRAM

Individuals earning less than $44,000 may be eligible for subsidies on the exchange. A family of four may earn as much as $92,000. The exchanges will be open to a LOT of people. In California, they are expecting at least two million in the first few years.

COULD THE VOTERS IN YOUR CITY CANCEL YOUR RETIREMENT?

Despite the voters’ enthusiasm, this “pension reform” will probably be held up by litigation for years. After that, they will probably be told that they can’t “reform” employees’ retirement plans in violation of state bargaining law or the Constitution. In the meantime, however, similar voter initiatives are springing up all over the country. Even if they are ultimately blocked, it’s an ominous sign.

ARE PERMANENT EMPLOYEES BECOMING EXTINCT?

If you are a full-time employee at a public agency in California, chances are that you work side-by-side with employees who have no medical plan, no retirement benefits and no job security. They may be called part-timers, or “at wills,” or contract employees; but whatever they are called, they are REALLY cheap. They are also so much more “flexible” than you are…They have no MOU and no employees association.

MUNICIPAL BANKRUPTCY: HOW DID WE GET HERE? MORE ON THE WAY?

Moody’s is advising its customers NOT to invest in cities in California. Municipal bonds – investments in cities – used to be amongst the safest places for investors to save their money. Now, however, they are amongst the riskiest. This is something to think about…

BANKRUPTCY LAW FOR CALIFORNIA PUBLIC AGENCIES: A QUICK PRIMER

Municipal bankruptcy law arose out of the Great Depression. In 1934 Washington enacted Chapter 9 of the Bankruptcy Code, specifically for public agencies. Since then, there have been fewer than 500 municipal bankruptcies.

THE “STIMULUS EFFECT” OF RETIREMENT BENEFITS

When retirees spend their pension checks, this spending ripples throughout the economy. The CalPERS retiree receives an average of only $28,400 per year, but that money goes almost immediately to food, housing, medicine and other basic essentials.

YOUR RIGHT TO SEE YOUR PERSONNEL FILE

By state law, public employees have the unrestricted right to examine their personnel files. You have the right to view ALL contents of ALL files with your name on them. You may do this on paid time, and you may request copies of anything in the file. The agency also cannot charge a prohibitive rate for the copies.

THE MYTH OF THE “UNFUNDED LIABILITY”

There is a deliberate campaign being waged in the media, trying to make it appear as though public employees, with their “excessive” benefits, are stealing resources from innocent taxpayers. A big piece of this campaign is intended to cause panic about their cities’ “unfunded liabilities.” This term refers to the costs that are owed, but not yet sitting in the bank, for future retirement benefits.

DOWNSIZING: HOW SHOULD WE RESPOND TO UNDERSTAFFED WORKPLACES?

Change can be irritating, but it’s not normally “abusive.” However, when change involves fewer and fewer people carrying the load of a full-time office or crew, potential abuses CAN arise: excessive demands, extended work hours, out-of-class assignments, disparate treatment, harassment for unfinished work, unsafe conditions, anxiety-related illnesses, etc.

ANSWERS TO YOUR QUESTIONS ABOUT CHANGES IN PERS LAW

The state of California is still one in which “vested benefits” must be respected. In layman’s terms, this means that if you are a current employee, your employer may not change any aspect of your retirement-related benefits. The plan in place on the day that you are hired must be available when you retire. It may be improved through negotiations; but it cannot be reduced.

SCIENCE “PROVES” THAT WORKPLACE RESPECT ENHANCES BOTH HEALTH AND PRODUCTIVITY …

Researchers have now “discovered” scientific proof that “workplace respect” leads directly to success for ALL PARTIES in a business environment.

CELEBRATING THE HOLIDAYS AT A PUBLIC AGENCY

Parties at work are good. Most public agencies have become pretty dreary environments over the last few years, but socializing builds relationships and injects pleasure into the daily routine. Ultimately, group celebrations are good for teamwork and productivity.

UNEMPLOYMENT INSURANCE: HOW DOES IT WORK?

If you are laid off, terminated or in some other way forced to leave your job, you may be eligible for Unemployment Insurance. Initiated during the Roosevelt administration -- when 25% of the population was out of work -- the Unemployment System was designed not only to benefit the individual worker, but the community in which s/he lived.

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 your in-house mechanism for asking the City to fix a problem. Nothing more; nothing less.

RETALIATION IS THE MOST COMMON FORM OF WORKPLACE “DISCRIMINATION”

Retaliation is any “adverse action” taken by an employer against an employee in response to a complaint. That complaint could range from a problem with a co-worker to a safety call to OSHA; a posting on Facebook, a grievance over work hours, or a whistleblower’s tip to a state agency. The point is that employers don’t like “complainers.” And, as much as retaliation is illegal, it happens all the time!

THE CITY’S CONDUCTING A CLASSIFICATION STUDY. HOW SHOULD WE RESPOND?”

Jobs change over time, even in public agencies – and especially in the last few years. Technology changes. Grants are funded (or de-funded.) Programs are created – or canceled. Outside governments impose new regulations. Departments are reorganized. People are laid off, or retire. And all the time, competent employees rise to the occasion. It’s all happening, all the time, in most cities.

CHANGES IN WORKERS COMP LAW SET FOR NEW YEAR

Senate Bill 863 is making changes to the workers compensation system. While most of them provisions are procedural, a few will have significant effect on public employees with work injuries.

HOW THE PUBLIC EMPLOYMENT RELATIONS BOARD ENFORCES EMPLOYEE RIGHTS

When Senate Bill 739 passed in 2000, it granted “local government employee organizations” the right to take cases before the Public Employment Relations Board (PERB). This was a revolutionary change in labor relations for cities, counties and utility districts. For the first time, even the smallest organization gained the ability to enforce its MOU without the trouble or expense of going to Court.

YOUR RIGHT TO APPEAL NEGATIVE PERFORMANCE REVIEWS

Unless your MOU specifically prohibits this, you have the right to appeal negative performance reviews. A negative review is considered a form of minor discipline. The comments on the review CAN BE used against you later, in a more substantial disciplinary procedure.

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

When city, county and “special district” employees gained the right to unionize in 1968, they were the last – and the weakest – group of public employees to accomplish this goal. The Meyers-Milias-Brown Act gave “local agency” employees the right to “collectively bargain” a contract over “changes in wages, hours, and terms of employment.”

COSTA MESA CASE SETS BIG PRECEDENT AGAINST CONTRACTING OUT CITY JOBS

The basis of the CMCEA’s lawsuit (based on very old state law) was that the City had no authority to contract out most of its services unless 1) these services were taken over by another public agency and 2) the action had no “adverse impact” on the City’s employees.

CAN THEY MAKE ME TAKE A LIE DETECTOR TEST?

The short answer for most employees is “No.” The Federal Employee Polygraph Protection Act (EPPA), passed in 1988, restricts the employers’ ability to require employees to take a polygraph test as a condition of continued employment. With some exceptions (for jobs relating to state security, government contracts and matters related to criminal investigations) polygraph tests no longer have any place in the public workforce.

THE NEW YEAR USHERS IN NEW LAWS…

The Workplace Religious Freedom Act was signed by Governor Brown September 2012, but went into effect in January. New Pregnancy Discrimination Regulations modify the current law so that an employer must maintain group health care benefits for employees on pregnancy leave.

MORE GOOD DECISIONS ON “FREEDOM OF EXPRESSION” IN SOCIAL NETWORKS

The National Labor Relations Board ruled in December that comments that employees make about working conditions on Facebook are considered private speech, and protected from retaliation, to the same extent as “comments made around the water cooler."

VACATION PAY EQUALS EARNED WAGES UNDER THE LAW

There is no law in California requiring that employees be provided with paid vacation time. However, most employers provide some vacation, at least to full-time employees, in order to be able to attract and retain skilled staff.

IMPACT OF THE “GREAT RECESSION” ON PUBLIC EMPLOYMENT (AND PUBLIC SERVICES) IN CALIFORNIA

The Great Recession began five years ago with the bursting of an $8 trillion housing “bubble.” The collapse of housing values triggered a banking crisis, which triggered a plunge in all economic activity.

HOW DOES THE NEW HEALTH CARE LAW AFFECT ME?

The new American Affordable Care Act will take full effect in January, 2014, and California’s Health Care Exchange is gearing up NOW to begin matching people who need coverage with companies that provide it.

BEFORE YOU BLOW THAT WHISTLE, TAKE A DEEP BREATH!

What should a public employee do if he or she suspects that the boss (or department …or the whole agency) is doing something improper or illegal? How should you go about speaking up? Should you speak up at all? What are the consequences if you do decide to “blow the whistle?” And what if you don’t?

ANSWERS TO YOUR QUESTIONS ABOUT THE AFFORDABLE HEALTHCARE ACT

Starting in October 2013, any citizen will be able to sign up for a health care plan, under “the California Exchange.” The plans will be in effect starting January 2014. Even if you have a good health plan now, the new system will have a “ripple effect” in your workplace.

WHAT’S THE DIFFERENCE BETWEEN THE FMLA AND THE ADA?

In the early ‘90’s, the Clinton administration passed a series of laws aimed at making American workplaces more humane and family-friendly. The Family Medical Leave Act and Americans with Disabilities Act were the cornerstones of that effort. Both laws protect employees against job loss due to serious medical conditions; but this is where the similarities end.

RIGHTS OF RETURNING VETERANS

If you or one of your co-workers is a veteran who is returning to the job from active duty, it is important to KNOW YOUR RIGHTS. The federal law, USERRA, establishes that right to return to your previous position (or an equivalent one) as if you had been continuously employed during the time of service. This includes all rights of seniority, promotions, salary and benefits.

STATE DEPARTMENT OF INDUSTRIAL RELATIONS RENDERS DECISIONS WHICH AFFECT YOUR JOB

Most labor laws affecting public employees in California are NOT federal laws. They are State laws, and they include the right to negotiate and enforce a contract, to be paid in a timely manner for all hours worked, to be paid for your vacation if you leave your job, to appeal unjust discipline, to receive retirement benefits.

WHAT’S ALL THIS ABOUT “CHARTER CITIES”?

One of the quiet developments of the Recession has been a spate of interest in the “Charter City” movement. Examined closely, this is little more than the newest trick on employers’ parts of to evade the costs of fundamental labor laws.

STOCKTON BANKRUPTCY CALPERS DECISION

The litigation flowing out of the bankruptcy proceedings of the City of Stockton concluded in a decision holding that debt owed by cities to PERS has no special status and may be sloughed off in bankruptcy proceedings on equal footing with cities’ other debts.

NEW IRS RULES ALLOW WITHDRAWAL FROM EMPLOYER CAFETERIA HEALTH PLANS

The IRS has changed its rules to make it easier for employees to opt out of employer-offered cafeteria health plans without a change in work status. An employee may now opt out if either: 1) their work hours fall below an average of 30/week; or 2) the employee seeks to get health care coverage through Covered California. In the second case, an employee must represent to the city that their reason for dropping coverage is to go on a Covered California plan and their new plan must go into effect immediately following the last day of the cancelled plan, with no break in coverage. The employer must accept an employee’s representation of intent to enroll in a Covered California plan.

STOCKTON FINAL BANKRUPTCY DECISION

Judge held 1) public employee pensions have the same status as any other creditor during city’s bankruptcy; and 2) Stockton has to fully repay its unpaid CalPERS contributions. Reasoning was based on the city itself pushing to pay the PERS debt, PERS being part of total compensation package, and Stockton employees having already acquiesced to taking major hits during the bankruptcy proceeding.

WORKERS’ COMP MEDICAL TREATMENT

Companies have been gaining more control over medical treatment of employees injured on the job. The Medical Provider Network requires employees to choose their doctor from a list made by employers and insurance companies. The Utilization Review process gives the employer’s insurance carrier the right to hire a company to find ways to challenge and deny medical treatment ordered by the employee’s doctor. Finally, since 2012, disputes regarding Utilization Review decisions are handled not by a judge but by an “Independent Medical Review System.”

NEW CALIFORNIA SICK LEAVE LAW

A new sick leave law goes into effect July 1, 2015. It requires all California employers to provide a minimum of 3 days (24 hours) of sick leave to every employee who works at least 30 hours a week. Unused sick days can roll over from year to year, but employers can establish a 48-hour cap on accrued sick leave.

CAN THEY JUST CHANGE MY JOB DESCRIPTION?

No. Your members’ job titles and job descriptions are considered part of your MOU and are as negotiable as any other part of the compensation package. The City can’t change them without giving the union’s Board of Directors the chance to meet and confer about the proposed changes.

CONSTITUTIONAL RIGHTS

Public employees don’t waive their rights to participate in political activity. You can’t use work time or City resources, but you are allowed to have an interest in the community where you work. However, lobbying about matters that affect your job should be done under the auspices of your Union to avoid any discipline.

LAS VEGAS FMLA

Summary of Ballard v. Chicago Park District – employee’s request for FMLA time to travel to Vegas with her ailing mother was denied. The 7th Circuit Court of Appeals ordered the employee’s reinstatement. Reasoning: employee was mother’s primary caretaker and Vegas trip was her dying wish, the location of caregiving is unimportant – if employee needed to give care in Vegas she could use FMLA leave to do so.

STRIKE

Since 1985 California public employees gained the right to strike except when their MOU contains a ‘no strike’ clause and isn’t expired or if the employees perform direct public safety duties. A strike must be authorized by an association’s membership and striking employees are generally not paid and may have their benefits affected. These days striking is unlikely to win public sympathy, but other means of moving management are available, like filing ULPs or asking for fact finding. Another effective tactic is political activity like meeting with council members when they’re running for office and attending council meetings.

LOYALTY OATH

Many California public agencies require employees to sign a loyalty oath. The oath (which is required of all state employees) originated in 1950’s efforts to blacklist Socialists and Communists but its interpretation has narrowed since then. Employees who disagree with public agency decisions or criticize an existing administration are not considered to have violated it. Not all agencies will require you to sign a loyalty oath as a condition of employment, but those that do can require you to sign it. The only exception are ‘religious objectors’ whose religion forbids the signing of oaths to anyone other than their churches or God.

INTERNS CONSULTANTS

Bargaining unit erosion and how to fight it. Giving the duties of any job covered by an MOU to someone outside the bargaining unit is a violation of the MOU. This can be remedied by filing a grievance and, if necessary, bringing the case to PERB. The subject of allowing your employer to fill bargaining unit jobs with temporary employees or trainees is entirely negotiable and it’s a good idea to establish how long these employees can fill bargaining unit jobs. While most agencies have rules limiting use of temporary labor, it falls to the union to make sure these rules are being followed. Cities may try to claim that consultants hired to do bargaining unit work have special skills allowing the City to ignore its own hiring rules – don’t believe them. In recent years several lawsuits have successfully challenged the use of consultants and temp agency employees by public agencies.

DISABILITY RETIRE

A summary of CalPERS Disability retirement programs. If you become disabled and decide (or are forced) to retire, the PERS Disability Plan will cover you if you have at least five years in the program. The maximum available retirement for any non-safety employee is 33 1/3% of your salary, so service retirement is usually a better choice if you are eligible for one. Employees with 5-10 years of PERS service can figure out their benefit by multiplying their final compensation by 1.8%. Employees with more than 10 years will be credited by PERS with the number of extra years you would have worked until age 60 up to a max of 18.5 years, though the final benefit will not be more than 1/3 of your paycheck. Workers injured on the job may file for disability retirement and workers’ compensation simultaneously.

Q U E S T I O N S A N D A N S W E R S A B O U T Y O U R R I G H T S

QUESTIONS AND ANSWERS # 2

1) "I hurt myself on the job. Doesn't the City have to provide modified duty?" 2) "My boss accused me of stealing. What are my rights?" 3) "Can the City force me to do work that is dangerous? 4) "I was told that I couldn't talk to the Association about a problem until I had gone, alone, to my boss. Is this true?"

QUESTIONS & ANSWERS # 6

1) "What can I do about my boss accusing me of things I didn't do?" 2) "I'm doing the work of a higher-paid job. If I file a grievance, will I get back pay? Will my boss be mad?" 3) “Can I be forced to transfer?” 4) "If I promote, but don't pass probation, can they fire me or can I go back to my previous job?"

QUESTIONS & ANSWERS # 9

1) "What can I do about a boss who screams, throws tantrums, uses foul language?" 2) "What is mediation? How does this differ from arbitration?" 3) "Can I be forced to take a drug test?" 4) I hurt myself on the job, but the City seems to be questioning the injury. I've filed a claim and have been using my sick leave and vacation while I'm off the job and waiting for the case to be settled. My time is almost used up. Doesn’t the City have to continue to pay me? If not, what can I do?

QUESTIONS AND ANSWERS # 11

1) "I have been off the job with a serious illness and my supervisor is threatening to terminate me. Could this really happen?" 2) "The City just informed me that they have been overpaying me, and are going to take money out of my upcoming paycheck! Can they do this?" 3) After several years of doing the work of a higher classification, I'm finally transferring. Now the job is being upgraded! Can I get any back out-of-class pay?"

QUESTIONS AND ANSWERS # 14

1) "My Merit Step evaluation was fine, don't they have to make the corresponding pay increase retroactive?" 2) "I was in an accident which wasn't my fault, and I'm about to go to an investigation meeting with our City's Accident Review Board. Am I allowed to have a representative?" 3) "Two of my co-workers have left the City and their jobs are being filled by 'part-timers' (who actually work full time, but get no benefits...) Doesn’t the City have to fill these positions with permanent workers?"

QUESTIONS AND ANSWERS # 15

1) "I'll be retiring in a few months and the City is trying to force me to use up my accrued leave, rather than paying me off. Can they do that? 2) "I had a run-in with a neighbor over the weekend, unconnected to my job. Can the City discipline me for this? 3) "My Workers Comp claim has been settled and my doctor says I can return to work. But the City fired me and filed for my PERS Disability Retirement. What should I do?" 4) "My supervisor put things in my Performance Review that are a complete lie! What can I do?" 5) "I've been told that I could be sued, as in individual, if a member of the public was not happy with my conduct. Is this true?"

QUESTIONS AND ANSWERS # 16

1) "I disagree with several things that my boss wrote in my performance review. Do I have the right to file a grievance?" 2) I was given a letter of reprimand, but not told that I had the right to appeal it. Don't they have to tell me? (In fact, don't they have to tell me that they are considering discipline before giving it?") 3) "The City eliminated my supervisor's job several years ago & gave me many of her duties. I got a small raise and a new job class, but it wasn't nearly enough. Is there anything else I can do?"

QUESTIONS AND ANSWERS # 18

1) "I have an old sports injury which has been made much worse by my job. Recently I lost days at work

because I could hardly walk, and I've had to spend $250 on an orthotic. Should these be covered by

Workers Comp?" 2) "I’ve developed a hand and shoulder problem from the console I work at. The doctor has said that I need a different chair and desk. The City SAID they'd get these months ago, but haven't. What can I do?" 3) "I've worked the night shift with the City for many years. When a position opened up on days, I asked for it, but they gave it to a new employee. Shouldn't I have first choice?" 4) "Years ago my supervisor started assigning me work of a lower-paid class. Now they want to reclassify me downward and lower my pay! Can they do this?"

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QUESTIONS AND ANSWERS # 19

1) "Last year I was given more responsibilities but not upgraded. I asked my supervisor about being reclassified, but he said no. When I said I would grieve it, he said it was too late because I'd been doing the new work for so long! Is this true?" 2) "One of my co-workers overheard my supervisor making personal comments about me to another employee. What should I do?" 3) "When I try to get non-members to join the Association, they say, 'why should I? I get the same benefits as members, anyway.' Is this true?" 4)"I have a locker at work with my own lock on it. My boss wants to put a City lock on it. Can he do this? Can he go into my locker without my permission?"

QUESTIONS AND ANSWERS # 20

1) "If I'm eating my lunch at my desk, and someone comes to the counter needing help should I go and help them even I'm not on the clock?" 2) "My boss says I have a drinking problem and that he wants me to see a doctor. Do I have to go? Can he get information about me from the doctor?" 3) "My new supervisor sent out a memo asking us for 'any information you feel is important regarding your education

, work background, outside interests or other items which may affect your working life.' Isn't this an invasion of privacy?" 4)"I am thinking about taking a second job on weekends. Can the City stop me?" 5)"My supervisor called me into a meeting. Do I have to go?"

QUESTIONS & ANSWERS #21

1) "I've been seeing my doctor for a work-injury. Can city now force me to see their doctor?" 2)"Can I be fired for refusing a drug test? 3) I'm frequently called to speak Spanish on the job, but I've been denied bilingual pay. Does this mean that I don't have to translate now?" 3)"What should I do if I'm directed to do something illegal?" 4)"Can I get in trouble for speaking at the City Council meeting?"

QUESTIONS & ANSWERS #22

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1) "I hurt my back at work. The City sent me to their doctor, but I am not happy with his treatment. Do I have right to see my own doctor?" 2) "My boss gave me a letter saying I abuse sick leave and am a bad example to others. He threatened me with discipline. I've truly been sick and have always brought in doctor' slips. Isn't this harassment? What constitutes sick leave abuse? 3) I had a major injury at work and now I go to physical therapy twice a week. The City has been using up my sick leave when I'm off. Shouldn't this be Injured-on-duty time?

QUESTIONS & ANSWERS #23

1) “Can I be compelled to wear a beeper? Can I get extra pay for this? 2) ”Shouldn’t I be paid for time spent at night working on the phone handling work problems?

QUESTIONS & ANSWERS #25

1) “I use toxic chemicals on the job, and I just found out that I’m pregnant. My doctor says I should stop using these chemicals until the baby is born. Can my boss force me to either do my job or to go home “sick” for the rest of the pregnancy? 2) I hurt my shoulder at work. The City sent me to their doctor, who said I should return to work without using that arm. My doctor advised me to stay off work. I stayed home for four weeks, and then I found out my sick leave bank was almost wiped out! Shouldn’t this be paid, injured-on-duty time? 3) I’ve been off the job for five months on a major injury that happened at work. The City has just informed me that it’s no longer going to pay for my monthly medical plan. Isn’t this illegal?”

QUESTIONS AND ANSWERS #26

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1) "If I promote, but don't like new job, can I return to my old position?" 2) "What about if I don't pass probation in the new position? Can I be fired." 3) "My Co-worker wears perfume that I have an allergic reaction to. What should I do?” 4) Can I be compelled to wear a beeper? Can I get extra pay for this? 5) I am a Building Inspector and was told, indirectly, by my supervisor, to "look the other way" at building code violations by a particular member of the public. Now the violations have resulted in problems and the City is being sued. Can I be sued personally? Would the City have to defend me? 6) Shouldn't I be paid for time spent at night on the phone handling work problems?

Questions And Answers #27

1) I was involved in a car accident during working hours. My insurance company paid for the damage to my car, but I had to take about four hours during the day to meet with a lawyer. My boss says that I have to use my vacation time for this. I think the City should pay me. Who's right? 2) What can I do about my boss's changing of my lunch hour or starting time whenever it's convenient to him? 3) Can my employer force me to be clean-shaven? 4) I want to check myself into a 10-day detox clinic, but I don't want my supervisor to know about it. Am I required to tell them? 5) I had a minor stroke and I will be returning to work after six weeks off. The doctor says that I can only work 4-5 hours per day. The City says they only have full-time work available. Don't they have to accommodate me?

QUESTIONS AND ANSWERS #29

1) "Can my employer listen to my private conversations on the telephone?" 2) Can comments I made about my supervisor to a co-worker on the phone be used against me on the job?"

QUESTIONS AND ANSWERS #30

1) “I had an argument with my boss & said I was quitting. Later that day, I realized this was a mistake & told him I was NOT quitting. He said I was too late & had lost my job. What can I do?” 2) “I told a co-worker that our boss was keeping a private file on him. My boss found out and chewed me out. What should I do? Could I be disciplined?”

QUESTIONS AND ANSWERS #31

1) “I just told the City that I’m pregnant. They told me that I can’t do my job anymore and that I’ll have to stay off the job until my baby is born. Can they do this?” 2) “I have a weekend job that has nothing to do with the City, but my boss says I have to provide information about my other job. Is this true?” 3) “Our office is all pitching in extra hours, some of them “off the books.” I objected to this, so they are changing my schedule constantly to avoid paying overtime. Is this legal? 4) “For three years, I wasn’t charged to put my baby on the medical plan. Now they say I owe a back $900 and want to take this out of my check!”

QUESTIONS AND ANSWERS #32

1) “Our supervisor had us vote on what would be a “fair absenteeism policy,” which set a number of hours, over which somebody could be considered abusing sick leave. The hours are less than the number provided by the MOU. Isn’t this undercutting our MOU? Can we be disciplined if we violate this new policy? 2) If I have a random drug test, do I have the right to see the results?"

QUESTIONS AND ANSWERS #34

1) “The City has introduced uniforms for people who do our jobs. They provide the shirt but I have to provide black pants and shoes. Don’t they have to pay for these? 2) I was reclassified, but the new position doesn’t pay as much as I think it should. Do I (or the Association) have any control over this? 3) Do I have a right to see medical information the City has about me?”

QUESTIONS AND ANSWERS #35

1) “Can I be disciplined for refusing to speak to co-workers?” 2) “What kinds of information can go on a performance review?” 3) “What can I do about a boss who doesn’t do his work and then blames me when the job isn’t done right?” 4) “Once a year we have to get uniforms at a local store. Do I have the right to be paid during this time?”

QUESTIONS AND ANSWERS #36

1) “The State has established a new licensing requirement for my job. The City is forcing us to pay for the license out of our own pockets. Doesn’t the City have to pay for the license? Can I get extra pay for holding this license?” 2) “Can I be required to answer questions, to help a co-worker, on phone from home?” 3) “My co-worker and I reported our boss for conducting personal business on City time, using City property, and falsifying time cards. Management promised us something would be done, but he’s still here, as if nothing happened. What should we do?” 4) “Can I have a non-family member as my PERS beneficiary?”

QUESTIONS AND ANSWERS #37

1) “If I get laid off, but resign instead, can I still collect unemployment? 2) "My supervisor sent me a memo requiring me to sign in and out during breaks. Other employees don’t do this. Do I have to comply?" 3) “If the City suspects that someone is stealing cash at the counter of our department, can they install video cameras to watch us? Do they have to tell us? Could something we do or say, not related to the cash issue, be used against us? Does the public have to be told?”

QUESTIONS AND ANSWERS #38

1) “I have been laid off, and am on the “reemployment list.” I want to look at my personnel file. Can I? 2) My supervisor said the City is instituting a use-it-or-lose-it policy on vacation. Can they do that? 2) “I am off the job on workers compensation, and my City is going through layoffs. I’ve heard that I can’t be laid off. Is this true? 3) I have two little children who need to be picked up right after work. Lately, my supervisor has been pushing me to work overtime. Can I get in trouble for refusing?”

QUESTIONS AND ANSWERS #39

1) “A number of my co-workers receive federal (CDBG) funds to do work like graffiti removal. The problem is that the City is eliminating other jobs and using these employees to do other work. Isn’t this illegal? 2) “I am a supervisor, in the same bargaining unit as my subordinates. Who does the union represent if we have grievances against one another? 3) My co-worker puts religious stuff on the bulletin board at work. I know other people don’t like it, but I’m the only one who seems to object. Do I have the right to demand that he take it down? 4) We’re assisting in a campaign for a few promising Council candidates. How much money can we contribute? Do we need to form a Political Action Committee? Does any of this activity jeopardizing our jobs?

QUESTIONS AND ANSWERS #40

1) ”I was told that if I resigned from my job, I'd lose my PERS benefits. Is that true? Is it true that I can only collect PERS for as many years as I worked? 2) The City told me we could pay our own PERS, then have the dollars added to paychecks. What's the advantage of this? 3) I was told that the City has to provide health benefits for retirees under the PERS medical system. Is this true? Can the medical plan for retirees be changed after I retire?”

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QUESTIONS & ANSWERS #41

1) “I was involved in a car accident during working hours. My insurance company paid for the damage to my car, but I had time off from work to meet with a lawyer. My boss says that I have to use my vacation time. I think I should be on work time. Who's right? 2) What can I do about my boss's changing of my lunch hour whenever it's convenient to him? 3) Can my employer force me to be clean-shaven? 4) I want to check myself into a 10-day detox clinic, but I don't want my supervisor to know about it. Am I required to tell? I had a minor stroke and I will be returning to work after six weeks off. The doctor says that I can only work 4-5 hours per day. The City says they only have full-time work available. Don't they have to accommodate me?”

QUESTION AND ANSWERS #42

1) “Can City require me to take a drug test a part of a return-to-work physical after an illness? 2) If I quit my job, can I still pursue a grievance? 3) If I quit my job, can I collect Unemployment Benefits? What if I’m terminated? 4) Can the City deny me the right to serve on jury duty?”

QUESTIONS AND ANSWERS #43

1) “The City says I need hearing aid, but I don’t think so. Do I have to go along with their request? Would they have to pay for these? 2) I take garlic pills, and apparently some of my co-workers were upset about the smell. Rather than tell me, they went to our supervisor, who said I needed to go home until the smell wore off. He said I could use sick leave to cover this time. Can they do this? 3) My department doesn’t have money allotted for overtime, and they are asking us to volunteer to help with an upcoming public event. Can I be compelled to “volunteer?”

QUESTION AND ANSWER #44

1) “I’m a crew leader, but lately I’ve been given more and more supervisory responsibilities. Supervisors make 20% more than I do! Do I have a right to higher pay -- or to refuse to do this work?” 2) I have work-related injury and am restricted from lifting more than 20 pounds. But I can do most of my normal job. The problem is that the City says they have no “modified duty” for me. I know they have arranged modified duty for other people. isn’t this discrimination? what should I do? 3) My supervisor criticizes everything I do, and is making me miserable. I’m a good employee and I always got good reviews in the past. I’ve never been disciplined or even reprimanded, but nothing I do can please him. What should I do?

QUESTION AND ANSWER #45

Some employees are allowed to park in the City parking lot, while some of us are told we can’t. Isn’t this discrimination?

QUESTIONS AND ANSWERS: #46

1) I’m a working supervisor and have just been told that my job class is being made “exempt” and I won’t be receiving overtime pay anymore. Does this mean that when I’m called out in the middle of the night to oversee an emergency, I won’t get Call Out pay anymore?

QUESTIONS & ANSWERS: #48

1) I was sexually harassed by a co-worker to the point of being made ill and losing time from work. I filed a

worker’s compensation claim, I was off the job for two months. Now I'm back on the job, but I still have to work with the person who was harassing me! Is there anything I can do? 2) My normal workweek is Monday through Friday. I went to a four-day training program last week, which ran Wednesday through Saturday. I took Monday off that week so that I could take care of business that I knew I wouldn't be able to get to on Saturday. My boss now says I won't be paid for Monday! Can he do this? 3) I spoke up once at “gripe session” at work and now my boss takes every opportunity to punish me. His most recent action was to change my days and hours of work. Can he do this?

QUESTION AND ANSWER #49

1) I’ve heard that the City Manager is creating several new positions in our department for “at will” employees. I think the jobs will be similar to mine; can he just do this? What’s to stop my job from going “at will?” 2) I'm in the middle of a grievance about the City's failure to provide my step increases for the last two years. I've also just been offered a better job in another City. If I leave here, do I lose my right to pursue my grievance? 3) I reported a co-worker for having sexually explicit materials on his screen saver at work. Management deleted the screen saver. I think he knows I'm responsible because he won’t speak to me at all now. He gives all his work to another person in the office now and I sometimes see him staring at me. What can I do?

QUESTIONS AND ANSWERS: #50

1) I’m about to retire and just found out that I have accrued more Vacation Leave than the maximum allowed in our MOU. The City is telling me now that they don’t have to pay me for my time above the maximum. I thought my right to be paid for unused vacation was covered by the law. Who’s right?

QUESTIONS AND ANSWERS: #51

A female co-worker has accused me of sexually harassing her. At what point do I need representation? 2) I’ve been bothered at work by a male co-worker, who won’t seem to take “NO!” for an answer. I mentioned it to my supervisor, asking that he say something to the guy. I clearly stated that I did NOT want to file any complaint and wanted the whole thing kept confidential. Now a City Attorney has called me to an interrogation about my Complaint! What should I do?

QUESTIONS AND ANSWERS: #52 RIGHTS OF PROBATIONARY EMPLOYEES

1) I had been working for the city for 5 months when I was involved in a car accident that left me unable to work. I applied for and used up my FMLA leave time. I just received a notice I did not pass probation and they are letting me go. I think it is because of the accident and not my performance on the job. Can I do anything?

QUESTION AND ANSWER: # 53

1) I’m a supervisor in the Parks Department and I had a run-in with one of the employees in the Water Dept. He became so angry that he actually hit me. I reported the incident & now our Personnel Dept wants me to give him a letter or reprimand. He is not my employee …Shouldn’t his own supervisor give him the discipline? 2) My load at work has gotten so out of control that I’ve broken out with a rash and my doctor says that it is because of the stress. I’ve tried talking to my boss about controlling the workload he just ignores me. 3) Our City is requiring all maintenance workers to obtain a Class B drivers license and we don’t even have any vehicles that require a Class B license. Can they do this?

QUESTION AND ANSWER: # 54

1) I work nights and weekends and work a lot of overtime. I can take my “OT” in the form of pay or use as “comp time.” My problem is that if I want to use comp time, I’m told I have to find my own replacement, which is often difficult. Whose responsibility is it to make sure my shift is covered – mine or theirs? 2) How is the new law on “overtime after eight hours” going to affect my job?

QUESTIONS & ANSWERS #55

1) I spray insecticides and herbicides as a regular part of my job, and have recently been diagnosed with a liver ailment. I have had to take quite a bit of time off. The City has just sent me to their doctor, who has said that the chemicals I use could worsen my condition, and I should no longer do my job! The City has told me they have no other work for me, and I am worried that they are going to fire me. What should I do? 2) My doctor says I am disabled and I want to retire, but the City has denied my application for a PERS Disability Retirement. I went through the appeals process, which was in front of the City Manager. H also denied it. Do I have any recourse?

QUESTIONS & ANSWERS #56

1) I was scheduled to work eight hours of Overtime on a holiday, but after two hours, I was sent home. Don't they have to give me pay for the full eight hours? 2) I have been in a City internship program for the last nine months and am now returning to my regular job. My supervisor just informed me that I have to take a drug test before I can return to work. Is this legal?

QUESTIONS & ANSWERS #58

1) I have been taking medication for a psychological problem for more than 20 years, but have never told the City about it. Recently, I've had some temper-control problems at work. I am going back to the doctor for a possible change of medication but I'm worried that I may be receiving some discipline. Should I tell the City about my medical condition? 2) I've heard that probationary employees can't join the Association. Is this true? 3) Question: I know that one of my co-workers once had tuberculosis. She is now coughing a great deal and I am concerned about contagion. She sits quite close to me. Do I have the right to ask that the City makes sure that she is not contagious now?

QUESTIONS & ANSWERS #59

1) I heard about this new law that requires the City to allow me to use half of my sick time to take care of sick family members. When I asked my human resources department about it, they said I could only use 48 hours per year. Who is right? 2) My co-worker and I are the only two people in our office during the day. We have always had a half-hour lunch period, but now our new Department Head wants us to take a full hour. He says he wants us to have the same length of lunch as 'everyone else' in City Hall - although our jobs are completely different. Do we have any recourse?

QUESTIONS AND ANSWERS #60

1) My co-worker was upgraded when the department was reorganized, but I wasn’t. What can I do? 2) Do I have the right to see my results from a promotional exam? 3) “Is my employer responsible for my health coverage following my retirement?” 4) “Can my medical benefits be bargained away or reduced after I retire?” 5) Do I have to report a misdemeanor conviction on a job application? 6) My leadsman has started acting like he’s a supervisor. How much authority does a leadsman really have?

QUESTIONS & ANSWERS #61

1) Can the city change the medical plan without a vote of the membership. 2) Does the agreement to meet and confer over some job classes during the term of the MOU open up the rest of the MOU? 3) Can the City impose new state required certifications without bargaining?

QUESTIONS & ANSWERS #62

1) I am a Customer Service Representative with a problem back. I am now ready to return to work, but my doctor gave me a restriction on lifting. Since I don't really do any lifting on the job, I didn't expect a problem, but the City has refused to allow me back on the job. They say they have "no modified duty!" What should I do? 2) I am being given the "opportunity" to cross train at supervisory position, in another bargaining unit. The job is normally paid 20% more than I'm paid, but I haven't been offered any additional pay. What should I do? 3) I am often scheduled to come in on my day off to do maintenance work on the City's water system. I have been paid from the moment I leave my house until I return back home. Last week, my boss said I would only be paid from the time that I arrive and leave work. Can they do this?

QUESTIONS AND ANSWERS #63

1) What do I do about my workload while I’m on Jury Duty? 2) Help! They just assigned me to work around chemicals that aggravate my medical condition! 3) “What Can They Put in My Personnel File?” 4) What about the notes my supervisor keeps in his desk drawer?

QUESTIONS AND ANSWERS #64

1) I have been off the job for 6 months with a serious medical problem. I just had surgery, though, and am expected to recover. My problem is that the City is threatening to terminate me if I don’t come back to work by next week! What can I do? 2) My last performance evaluation was negative & I was denied my step increase. The MOU says that performance evaluations are not grievable, though. Isn’t there anything I can do?

QUESTIONS AND ANSWERS #65

1) I am going to be retiring soon and will be moving to another state. Can you tell me how I will be taxed on my PERS benefit? 2) Will I pay California taxes or the taxes of my new state? 3) I heard there is a built-in Cost of Living Adjustment to my PERS allowance. What is it? 4) Does it fluctuate or is it negotiable?

QUESTIONS AND ANSWERS #66

1) I was told at 3:30 in the afternoon that I had to be at a “mandatory” meeting in the council chambers at 7 the next morning. This creates a huge problem: I have no way to get my kids to school! Could I be disciplined for failing to attend the meeting? 2) Are my union dues tax deductible? 3) I am temporarily working in an “acting” capacity as a supervisor, and the City is telling me that I can no longer be on the bargaining team for my employees association! Is this true or is this just harassment?

QUESTIONS AND ANSWERS #67

1) Should I sign discipline I don’t agree with? Is not signing insubordination? 2) I was in a car accident while I was on work time. Does workers compensation cover me? 3) Is there anything I can do if I’m terminated while still on probation? 4) I found out that my supervisor has started a file on me but not anyone else. Is this discrimination?

QUESTIONS AND ANSWERS#68

1) Can my employer force me to take a polygraphed 2) I've always worked Mondays through Fridays, but

now my supervisor wants me to start working Saturdays. Can they do this? 3) My job has always been Mondays through Fridays, but my boss just told me that we are going to start working on weekends. Can we be forced to switch to weekends? Can we ask for extra money? This is going to be a major inconvenience for my entire family! 4) I was told in January that I’d been picked for a promotional position, but the City did not move me to the new job until May. Don’t they have to give me the pay for the position from the date I was selected?

QUESTIONS AND ANSWERS #70

1) I have been taking time off intermittently under the family Medical Leave Act to take care of my mother, who has a terminal illness. The week of Thanksgiving I worked one day, took two FMLA days, and then was off due to the holiday for two days. The City counted the holidays against my FMLA time. Is this legal? 2) Does a call to someone’s home to help with work, while on vacation, constitute a call out? 3) I am signing a resignation agreement instead of being terminated from my current job. Can potential employers have access to my file or find out why I left? 4) I will be having chemotherapy treatments for the next six months and expect to be off the job for a good part of this time. I'm on my wife's medical plan, and receive a monthly benefit of $550 “in lieu.” Does the City have to continue paying this to me while I'm off?

QUESTIONS AND ANSWERS #71

1) The City is rewriting my job description to include higher level duties after I complained about having to do them. Can they do this? 2) I perform water testing for the City and there was an incident with fecal matter floating in the City pool. I advised staff of the proper steps to take, but they did not do anything. What should I do? 3) My MOU says I get two hours of Overtime for a callout. One recent weekend I was called out five times, but the city only wants to pay me for one time. Can they do this? 4) I was reprimanded for leaving the job site while on my break, can’t I do anything I want on my break. 5) My husband surprised me with tickets to Hawaii, but the City denied my vacation request. Can they do this?

QUESTIONS AND ANSWERS #72

1) Can employees be forced to retire after age 70? 2) I have diabetes and the medication makes me hot. The recent power crisis caused the city to raise the thermostats and it is making me miserable. Can I be accommodated or what if I go off on medical leave. 3) Can the City require bilingual skills in a job posting? 4) Co-workers have talked to me about concerns about others who are not pulling their weight. We don’t want to get them in trouble – but do not want to do their work either. What should we do? 5) I received a reprimand from my supervisor. What do you think about talking to her informally before filing an appeal? 6) I just found out that my supervisor does not have the degree required for his job, should I tell upper management?

QUESTIONS AND ANSWERS #73

1) I was a part-time employee for several years and a portion of my income was paid to me in cash out of the City’s sports fund. Is this legal? What are the consequences? 2) The City sent me to a worksite that they knew was hazardous. They completely failed to tell me, and I was injured. Now I have a permanent disability. Can I sue? 3) I am in the middle of a grievance about harassment from my boss. Today, I came into work and found that all of my past e-mails have been erased! Of course, this includes some of the information involving my grievance. What should I do? 4) One of the “perks” in our MOU, is that each employee receives $150 for work shoes. The City decided to put the $150 on our paycheck, so it is taxed as earnings -- which means now we only receive about $85- $100. Is this legal? What can we do?

UESTIONS AND ANSWERS#74

1) What about part-timers and the 1000 hours threshold for PERS? 2) My pay adjustment was given two months after my evaluation, shouldn’t it be retroactive? 3) Can I be disciplined for not crossing a picket line? 4) Can my employer change my shift to avoid payment of overtime? 5) Doesn’t the City have to continue to pay my “opt out” fee if I go on FMLA time? 6) I often work a few minutes of overtime and my supervisor keep track of them as “funny minutes,” but can they do this?

QUESTIONS AND ANSWERS #75

1) When I was hired, there was no special drivers license requirement for my job. But now I’m being told I have to get a class B license. Is this legal? If I don’t get the license, can I be fired?

QUESTIONS AND ANSWERS #76

1). What’s the PERS long term care program? 2) Management says we cannot represent confidential employees? What is the definition of a “confidential” employee? 3). Can I be forced to stay in the office at lunchtime? The City does give us comp-time for this… 4). I’m unhappy with my current job; could the City fire me if I were to request a voluntary demotion? 5) What IS the CPI? What is a COLA? 5) I have been off the job for 5 weeks, due to some emotional problems. The City is now sending me for a “fitness for duty: exam. What does this consist of? Could I lose my job?

QUESTIONS AND ANSWERS #77

1) I gave the City the form my association provided to us regarding “designation of doctor” in case of work-related injury, but the City says they will not accept this form. What should I do? 2) I work at the Building Counter. Last week one of the Council people came to counter and had the 2 of us videotaped while I assisted him. Then this was played on cable TV. I did not give my permission! Do I have any rights here? 3) I was falsely accused of doing something criminal on job and went through a court trial. I had to hire a lawyer and asked City to pay for this, but they refused. I was found innocent, but spent $6,000! Shouldn’t the City have paid for my defense? 4) My co-worker has been assigned to a position that is normally much higher in pay. Shouldn’t she receive acting pay? I should mention that she’s still on probation…

QUESTIONS & ANSWERS #78

1) What does the law say about Supervisors interrupting our lunch to talk shop or hold meetings? Do we have the right to ask to be left alone?

QUESTIONS & ANSWERS #79

1) My supervisor is doing things to subtly sabotage my work. For example, he’ll send me to do a job, then when I get there, someone else had already done it. I heard him telling another supervisor that I’m a bad worker, but this is completely untrue. What should I do? 2) I broke my finger at a city-sponsored softball game during the work day. Is this covered by workers comp? 4) Can the City make someone your direct supervisor whose job description does not include any supervisory duties?

QUESTIONS & ANSWERS #80

1) We have a vacant clerical position which the City is not filling. Although I’m a Senior Account Clerk, I’m being given many of this job’s clerical tasks. Please let me know what my rights are. 2) Can Management assign a supervisory employee (from one bargaining unit) to do a subordinate’s job (in another bargaining unit) just to keep from paying the lower employee’s overtime? 3) Can Management discipline an employee in one bargaining unit, using work rules agreed to by a different bargaining unit? Also, are Department rules for non-supervisory employees applicable as work rules for the supervisory employees? 4) Our maintenance workers have been instructed to tell any troublemakers who show up at the park to leave the premises. Last week, some bikers became angry when they were told to leave, and rode around the employee in a circle, threatening him. Can the City really force us to “police” the parks? 5) I was told to lift some large tree limbs. They were too heavy for me, but I did it anyway, and hurt my shoulder. I want to know if I have the right to refuse to do work when I know it’s dangerous.

QUESTIONS AND ANSWERS #81

1) Several of us had our cars vandalized while parked in the library parking lot. The City has told us that this is not their responsibility…I don’t understand why the City can’t be held responsible. 2) On Saturdays we are short handed and I am often asked to stay in the building at lunch in case something happens. The City gives me comp time later. Is this a violation of the law? 3) I was just told that our entire crew will be required to work on the Christmas Eve. This is a holiday in our MOU. In the past, work on holidays was always voluntary. Can they force us to work? 4) I have pre-designated my own doctor in case of injury but would like to know: does this mean that if I have an injury and go to my own doctor, it is this under my regular medical plan? Does my insurance company go after workers comp pay for it? Also, if I had a serious injury, would I go to my doctor or the hospital for treatment?

QUESTIONS AND ANSWERS #82

1) I’ve been told that the City can legally listen in on my phone calls at work, but not tape record me. Is this true? 2) Can my supervisor get a record of my phone calls? 3) Is my e-mail private? 4) But our employer's electronic mail system has an option for marking messages "private." Are you saying that these are not really private? 5) Everyone in City Hall is suddenly being required to sign in and out from work when we leave the building. Don’t they have to bargain to make this kind of change? 6) I am a Librarian II at the top step in my salary range and have been at this level for 15 plus years. There doesn’t seem to be anyplace else to go. What do other employees do in similar circumstances?

QUESTIONS AND ANSWERS #83

1) My husband will be undergoing surgery next month. Am I allowed to use sick time on the day he is in surgery? Once he is released I will need to care for him. Can I use sick time for this? 2) Several employees have asked me if they have the right to take time off as “no pay” leave. Do we? 3) I just finished taking a test for a promotional position that had very little to do with the job. I believe the test was skewed to make one candidate look like the best person. What can I do about this? 4) Does your supervisor have the right to require you to complete 150 hours of training per year? Can they require as many hours of training as they want? Can they penalize an employee if he/she doesn’t reach the goal? 5) One of our Councilmen has asked the City Manager to provide a report on all the sick leave and vacation time used by everyone in our bargaining group. Can they do this?

QUESTIONS AND ANSWERS #84

1) What actions are considered work for the purposes of call-back pay? 2) My schedule has changed to reduce my hours from 80 to 72 a pay period. How will this affect my PERS contributions? 3) Does the City have the right to tell us what we can wear or how we style our hair? 4) Our manager screams, yells and kicks things. We complained to HR, but they turned our complaint into questions about our own work habits. Do we have the right to representation when management starts questioning us?

QUESTIONS AND ANSWERS #85

1) If I am home sick and am called to answer work questions on the phone, shouldn’t that time be considered work time? 2) Can the city maintain separate folders on employees, i.e. departmental and Human Resources, and not have the same information in both? 3) Do all of our years under PERS go with us if we go to work for another agency under the PERS system?” 4) If management is going to change our work from a 5-8 schedule to an alternative workweek schedule, don’t they have to let us vote on it? 5) A co-worker was recently told by human resources staff that the only way she can use FMLA time is after she has depleted her vacation time. Is this true?

QUESTIONS AND ANSWERS #86

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1) Can the public see my personnel files? 2) What can I do if I think my boss has interfered with my

getting a promotion? 3) My manager says that getting involved with our employees association would take up too much of my time. Can he keep me from participating in our association?

QUESTIONS AND ANSWERS #87

1) Can you tell me if there is any law that states if one works for an "agency shop", and the MOU has expired, the "agency shop" is still in effect during the new Contract negotiations? 2) One of my co-workers has been constantly calling in sick and I have to cover her job. She will write out a leave request on Monday saying that she knows she is going to be sick on Wednesday. How can she do that? How can we monitor if she is really sick or she just doesn't want to work? 2) Will Management employees ever receive pay for being required to carry pagers/beepers when off duty? 3) Can my employer terminate me after filing a claim for workers’ compensation benefits? 4) Can I return to my job after filing a workers compensation claim?

QUESTIONS AND ANSWERS #88

1) I’ve been told that it’s illegal for the City to contract out jobs without negotiating with our Union. Is this true? 2) Does the City have the right to tell me I can’t wear a stud in my lip? 3) I’ve been fired and intend to sue for wrongful termination. Do I have to go through the City’s hokey Civil Service process first? 4) We have just been told that we’re not going to be able to change out of our uniforms until the shift is over. I thought that time spent changing in and out of uniforms is considered paid work time. Please let me know by citing the law. 5) We are moving into a new building and the City has handed out new rules regarding what you can do; when you can do it etc. Can they do this? Don’t they have to bargain over new rules? 6) If I were to leave the City in September, could I request my PERS funds reimbursed to me in January, 2005 for tax purposes? I will have only two years of service.

QUESTIONS AND ANSWERS #90

1) The City Manager met with all the employees last week to tell us about the about the budget shortfall. We are in the middle of a contract, but want to know if the City can take any of these actions: 1) Put us on a four day work week to limit overhead costs, 2) Take a percentage of our present income, 3) Leave positions vacant when employees leave or retire? 4) I just heard a rumor that our new department head may require that we all be evaluated quarterly. I think they might want to give us negative evaluations as a basis for layoffs. Is this legal? 3) Can the city change my job duties without my agreement? Our receptionist has retired and my supervisor wants me to start answering the phones. I do the payroll and I can’t concentrate when I have to constantly answer the phones. Is there anything I can do about this?

QUESTIONS AND ANSWERS #91

1) My work hours are 7:30 to 5:30 p.m. and my supervisor expects the office to be “fully operational” during this time period. My problem is that in order to be operational, my co-workers and I have to come in 5 to 10 minutes early and stay 5 to 10 minutes late. My supervisor refuses to pay overtime. What should I do? 2) Can I get in trouble for speaking at a council meeting about the way the City is handling budget cuts? 3) Our Association Board reps are being told that we are not allowed to meet with City Council

members during work time. What is the law on this? 4) I was just informed that a classification analyst will be meeting with our work group tomorrow to get our input on our job descriptions. We have complained about doing a lot of work that’s outside the scope of our job. 5) Can my employer terminate me after I file a workers’ compensation claim?

QUESTIONS AND ANSWERS #92

1) Can you tell me what an “at will” employment means? 2) If an employee is on standby duty, can this time be banked as comp time instead of taking the pay? 3) The field operations people were told that they could not change out of their uniforms until after the shift was over. I believe that changing into and out of uniforms is paid work time – right? 4) Employees who are on stand by duty drive their personal vehicles into the yard to pick up a work truck when they are “called out.” Can they put in a claim to the City for mile reimbursement?

QUESTIONS AND ANSWERS #93

1) Our City doesn’t have separate categories for vacation and sick leave. We have something called “General Leave.” I was just told that if I quit, I will lose all my General Leave. Is this legal? 2) If a person works 7:30 - 5:30 Monday through Friday, and then is required to come back at 7:00 p.m. to take minutes at a meeting, the MOU says that they should be compensated with 4 hours minimum hours work. Can the Department Head tell them they will only be paid for the actual hours worked, even though the contract says otherwise? 3) Can the Department give an individual an early performance evaluation? 4) Can the City eliminate a vacant position without bargaining? 5) We never see one of our co-workers any more. Do we have the right to know what happened to him? Does the city have to inform the Association if he is terminated or quits? 6) Can a Water District have several different MOU's at the same time?

QUESTIONS AND ANSWERS #94

1) Can probationary employees join the Association? 2) What does ‘hostile work environment” really mean?

QUESTIONS AND ANSWERS #96

1) I have a Class A License and do the truck driver training for my City. I was wondering about how I would be affected if the student driver I was training got into an accident or a received ticket while I was in the cab with them. Would I take points on my driving record? In the case of an accident, who pays for the damages? 2) I have a Class A driver’s license because it is required on my job. I know that the legal maximum alcohol content for my class A License is 0.04 mg/l. But what are the requirements when I am driving my family car? Am I still held to this standard?

QUESTIONS AND ANSWERS #97

1) I sometimes receive packages at work of things I’ve ordered. The City has started opening them. Can they do that? Does it matter that I work in the Police Department? 2) The City is saying that I have to exhaust all accrued leave, including my vacation time, before I can go on FMLA time. Is this true? 3) I just heard on the radio that the “gender gap” in pay is worse than now than 20 years ago. Is this true? I thought it was illegal for people to be paid differently on the basis of gender!

QUESTIONS AND ANSWERS #98

1) What can I do if my supervisor schedules me in a way that restricts my access to resources that I need to perform my job? 2) We have had a long standing practice here that we can arrange to leave early on certain days by not taking lunch. One (newer) employee went to HR and complained that he is only getting one hour of comp time for working through lunch and he should be getting 1½ hours. This started an investigation, with the City Manager’s direction that NO ONE may skip lunch and go home early now. Can they simply change a past practice this way? Second, can’t an employee simply choose to take his lunch at the end of the day and leave early that way? 3) If an employee takes ten minutes out of their work day to change clothes this is considered work time - right? 4) My department has hired a part-time secretary and many of my regular duties are being handed off to her. I know my City is considering layoffs and I am worried they are going to target me. What should I do?

QUESTIONS AND ANSWERS #100

1) I am a Senior Librarian and have been told that I can no longer give “outstanding” reviews to my staff on performance evaluations. How should I respond? 2) There is a recall going on for one of our Councilman. I want to know if there is any reason I cannot sign a petition or be active in the campaign. What about my Association—can they take a position? 3) My co-worker needs to leave today from 12:30-5:00pm, so my manager needs someone to cover her desk. She is going to make me take lunch from 11:30-12:30 PM, instead of my usual 12 to 1 p.m. Is this allowed? Also is it acceptable to leave an employee alone at the counter? 4): Management is adding a new category to our performance evaluation system entitled “support of the City’s Mission Statement and to the goals of the City Council.” This is in addition to another new measure called "Cooperation and Teamwork.” Can we object to this type of language?

QUESTIONS AND ANSWERS #101

1) I had a baby, have been on Family Leave for ten weeks and am not planning to return to work. I let the City know I wouldn’t be back and they told me that if I did not return to work I would have to repay the money they spent on my medical insurance while I’ve been off. Is this legal? 2) When the city creates a new administrative regulation does our Association have the right to look at it and approve it? 3) At the last Council meeting, they passed a resolution dealing with a "fingerprinting policy." Is this something employee associations can have input in - or does homeland security override any rights of the employees? 4) Last week, when our community was on fire, everyone except for people on emergency crews were told not to come to work for a day. Now they are telling us that we have the choice between using our vacation or our sick leave for that time. Shouldn’t we be paid?

QUESTIONS AND ANSWERS #102

1) Another employee verbally attacked me. I complained and she was assigned to work in another building. Now she is being transferred back. I have expressed my concern, but my supervisor just says this person hollers at everyone and that I am too sensitive. Is there anything I can do? 2) Are there any regulations about lunch breaks? Are they supposed to be taken within a certain amount of hours from the start of the workday? 3) I want to know if a supervisor can demote someone because he is angry that the employee failed to show up to work on a Sunday. 4) Can the City videotape me, and then show the tape without my permission? 5) There is an employee in my office who uses a lot of foul language. What is the best way to stop this behavior?

QUESTIONS AND ANSWERS #103

1) I work in a nice, well-lit office with a window and am now being told I will be moved into a former storage area. It’s like a dungeon. Can they force me to move? 2) In April, I put in my request to have the week of Thanksgiving off, but I received no answer. Now it is October, so I just e-mailed my boss. He e-mailed me back and said he’s “thinking about it.” What can I do to try to get an answer? I need to make plans with my family… 3) What should I do about a co-worker who I know is using drugs? I don’t want to get the guy in trouble, but I don’t want to work with him, either. 4) I was off the job for more than a year with a work-related injury. I’m back now, but my problem is that the City failed to make any PERS or social security contributions on my behalf for the year. Is this legal? What should I do? 5) Isn’t there a law that says employees have to be paid double time after 12 hours straight?

QUESTIONS AND ANSWERS #104

1) Our department has three supervisors, one of whom will be off the job for the next two months due to a work injury. I have been given the responsibility of running his crew. Am I entitled to a pay differential for the added duties? 2) Our MOU states; "For each assigned period of standby duty employees shall be provided two (2) hours of pay per day." I want to know whether this two-hours per day can be banked & taken as time off, or whether it must be paid? 3) I am a professional employee and I put in many hours of (unpaid) overtime. This morning I called in to say that I was going to need to stay home until a plumber arrived, and I was told that I needed to use my vacation to “cover” this time. Doesn’t the City have to allow me some flexibility?

QUESTIONS AND ANSWERS #105

1) One of my co-workers was arrested Thursday morning for assault with a deadly weapon. He’s out of jail, but the City has put him on administrative leave. Is the City allowed to keep him off the job? 2) I need some clarification as to what our MOU allows in terms of using sick leave to stay home with my wife and newborn. Is there a limit as to how much you can use? 3) I’m about to retire and have about 960 hours of sick time on the books. How can I cash this time in? 4) Does a Police Aide who wants to work part-time as a dispatcher violate any FSLA regulation? 5): On March 11, 1994, an Interoffice memo was issued by the Records Division Administrator stating that a meet and confer was negotiated, changing the current shift rotation from two months to three months. On November 30, 2004 and e-mail was issued by the new Records Supervisor, notifying us that the current shift rotation was going to be changed from 3 months to 4 months. effective 09-07-03 to present. Isn’t this a violation of our MOU?

QUESTIONS AND ANSWERS #106

1) My father died suddenly in another state. Do I have the right to use Family Medical Leave time to stay on to help my mother settle his affairs? 2) I do not get along with my supervisor and have complained about harassment to the Personnel Department. The result is that they have called someone from the Employee Assistance Program to meet with us. Do I have the right to a representative in this meeting? 3) If an employee is fired for drug abuse, don’t they have to pay him off his sick leave and vacation? 4) My dept head is re-writing my job description and says I am going to have to take some accounting classes. Can they do this?

QUESTIONS AND ANSWERS #107

1) The new Family Leave Law indicates that I can take off up to 6 weeks paid family leave for the birth of my child. However, I’m being told that since the City doesn’t pay into some insurance fund, we are not eligible to participate. 2) I am a librarian and am often alone in one of the branches. We have had problems with a local resident who has actually almost been violent on a couple of occasions. I’m concerned about my safety. What should I do? 3) I am a childcare teacher and have been told that I can be required to stay on the job, indefinitely, and without overtime pay, in the case of an emergency. Is this true? 4) I hurt my back at work and have a 27% permanent disability rating. I work at a desk and have no restrictions except “no heavy lifting.” The City says they need to know exactly how much weight I am allowed to lift. My doctor says he can’t give it an exact number. What should I do? 5) I hurt my back at work and filed a workers compensation claim. I was off the job for about 2 weeks, and have returned to work without any restrictions. The problem is that my back goes into spasms sometimes causing me to have to take a day or two off once in a while. The City is now threatening that if I “continue to abuse sick leave” I can be discipline. Is there anything I can do?

QUESTIONS AND ANSWERS #108

1) I am a professional employee but often work very long days. Do I have the right to take time off to compensate for this? 2) In our City, when someone crosses 48 hours of sick leave use, he is penalized either by reprimand or by a statement on a negative performance evaluation. If we earn 96 hours a year of sick time, so when we are sick, shouldn’t we be able to use this time without reprisals? Can we address this as a “class action” grievance? 3) Since my last evaluation, the relationship with my boss has deteriorated. He keeps asking when I am going to retire and I think he is planning to downsize my position. I don't trust him and don't know what he may be telling his supervisor behind my back. I am concerned about what will happen with my next evaluation. Should I ask a representative to sit in with me? My concern is that he may he may be setting me up so that it will impact my salary or retirement income. 4) Isn’t there a law that says the City must conduct periodic salary surveys – or at least pay wages that are similar to the other cities in the area? I know my position is way underpaid in relation to the surrounding area, but the City doesn’t seem to be doing a thing about it.

QUESTIONS AND ANSWERS #109:

1) I am being assigned to train a new co-worker. I am not a supervisor or even a lead worker. I’ve asked for extra pay for this function and have been denied. Can I decline? 2)Can anything done about employees speaking another language at work? I find it rude because I don’t know what they are saying, and suspect that they are talking about me. 3) Some people in our office are required to bring in a doctor’s slip when they are out sick, and others are not. Isn’t this discrimination? What about my privacy rights?

QUESTIONS AND ANSWERS #110:

1) My new boss says I have to get the physical for my Class A license on my own time, rather than on work time. Is this true? 2) Don’t I have the right to use my sick leave when I need it? 3) Can the City require as many hours of training as they want? Can they penalize an employee if he/she doesn’t reach the goal? 4) I have a Class A License and do the training for my City. I was wondering about how I would be affected if the student driver I was training got into an accident or a received a ticket while I was in the cab with them. Would I take points on my driving record? In the case of an accident, who pays for the damages?

QUESTIONS AND ANSWERS #111:

1) There is a lot of conflict among people in our division, so the City is bringing in a “team builder” from Employee Assistance. Can I be compelled to participate? 2) I’m a smoker and would like to know what I can do about my need to take a quick break for a smoke a few times a day. 3) One of my co-workers was fired several months ago. He never filed an appeal, because there was no one to help him. Now that we have legal help, can he go back and fight the termination? 4) Last July I became ill, was in hospitalized and ended up taking 8 weeks off work. The HR department insisted that I be on Family Leave, although I didn’t request this and had more than 900 hours of sick leave on the books. Now I’m going to have surgery on both knees so I might be out for several months.. I still have over 700 hours of sick leave but have used most of that FMLA time. Do I need to get special leave permission from the City Council? Am I in danger of losing my job?

QUESTION AND ANSWERS #112:

1) What are my rights if I want to take a leave from work? 2) How to deal with direct complaints from a Councilman about my work. 3) Promises, Promises… I have been working out of class for two years but

keep getting put off when I ask for the promotion.

QUESTIONS AND ANSWERS # 113

1) My supervisor just gave us a dress code for work. Can they just make up a dress code and what is reasonable? 2) I was terminated from the City and have applied at a grocery store for work. I put the City down as my last employer. What can the City say about me to my prospective employer? 3) I took a lot of time off to care for a sick family member and they said I used too much sick leave on my evaluation. Now I understand I should have put in some kind of letter to protect myself. What exactly is this “letter”? 4) Can I use Family Medical Leave for the adoption of a child?

QUESTIONS AND ANSWERS # 114

1) I was at a party with friends and two police officers who work for the same city got into a fight. Now I am being called in as a witness by the city. Do I have to testify? 2) I am a dispatcher working nights and have a workers comp injury. The City is telling me I have to use my own time for physical therapy appointments. Don’t they have to pay me? 3) Do they have to reimburse me for mileage to and from my doctor’s appointments for a workers comp injury? 4) I recently resigned from the City. Don’t they have to give me my final paycheck within 72 hours? The labor law I looked up on the Internet said they did.

QUESTIONS AND ANSWERS #115

1) My crew works four 9-hour days per week, not including our one-hour lunch. The City pays us for a 40-hour week, but if we work overtime we’re told that the first four hours are at straight time. I wouldn’t mind except that we’re required to keep our radios on during lunch, and are frequently called out during lunch. Shouldn’t ALL of our overtime pay be at the overtime rate? 2) I have filed a lawsuit against the City over their mis-handling on several personnel matters. One of my co-workers told me that the lawsuit is now being attached to the City Council agenda! I consider this a major breach of confidentiality. What should I do? 3) I am a job share employee, working only 20 hours per week, so I can stay home with my baby. The City just informed me that I need to work on a Wednesday which is usually one of my days off. I have been unable to arrange childcare. Do I have the right to say I can't work that day? 4) My department is going to have a psychologist come in to conduct 'team building' meetings. I am concerned about invasion of privacy; Can I be forced to participate? 5) Last Friday I turned in a doctors slip for a week off, starting this Wednesday I'm going to be under doctor’s care. Today my supervisor asked me if I could reschedule the time off because my surgery is an elective procedure. I told him I would look into it. This afternoon he told me I HAD TO reschedule the operation and work this Friday. Can they do this?

QUESTIONS AND ANSWERS: #116

1) I know cannot campaign on work time, wear buttons, or use work resources, but can I campaign on my own time ? 2) Can you grieve temporary assignments to a lower position? 3) I have heard that I can take up to 12 weeks of FMLA time for the adoption of a baby. Is it possible to take off a full month at first and then use the remaining days when needed? 4) Isn’t the City supposed to provide a break room for the employees? 5) Question: does city need to provide rest periods between work shifts for emergency employees who may have worked all night?

QUESTIONS AND ANSWERS: #117

1) Someone broke into the Public Works yard and stole a good number of tools. I had nothing to do with this, but somehow the City suspects me. They’ve asked to search my house. Do I need to cooperate? 2) My co-worker uses the City truck to go to lunch. Today he was in a pretty serious car accident. Is this covered by workers compensation? 3) : The City puts on our evaluations the number of hours of family sick leave that we use. For me, it did not effect my evaluation or my raise, and nothing was actually written in the text. The question is, should it even be on the evaluations at all? 4) What is ‘premium pay' & what is ‘incentive pay.'? 5) What are my rights to take time off at the adoption of a child? What about after I come back from leave and I feel I need additional time off?

QUESTIONS AND ANSWERS: #118

1) I retired in December, while contract negotiations were still going on my association settled on a 4% pay adjustment, retroactive to July. Am I eligible for the retroactive pay for that time period? 2) I am a bus driver and was the victim of a person on the street who threw water on me. The City said I could go home for the day, but told me to use my own sick leave or vacation. Is this right? 3) My co-worker has been accused of a felony and is awaiting trial. The City called him in and told him that he was being “summarily terminated” and had no right to a hearing. Can they do that? 4) Our Department is changing the way we submit, and our granted approval, for vacation time. which we think this is cumbersome and ridiculous. We’ve complained to our manger who says she has the right to deny any annual leave and, since we have no Civil Service, she can change anything she wants. Is this true? 5) : I work in a small department with only a few full time positions. For the last two years our department has been severely understaffed. This has resulted to an increase in everyone’s workload and stress level. Can you offer some advice?

QUESTIONS AND ANSWERS: #119

1) I’m at home with work injury and my co-worker has just called to ask for the password to my computer. There are some things in my computer that I wouldn’t want her to see. Can I be required to give her my password? 2) An employee is accused of misconduct (non-criminal). The employer wishes to interview the employee, but the employee declines. Can the employer order the employee, under the threat of termination, to attend the interview? 3) Is it illegal for me to have a drink at lunch? 4) When we originally went to union I signed up to pay a fee - nonvoting. But I've decided to change that status, so I can vote. How do I do this? 5) Our department just had a meeting about the new Dress Code. We are being required to sign a document saying we have read the Dress Code, but the punishments for NOT following the Dress Code are NOT written in this code. Should we refuse to sign till this is provided? 6) The City says I have a hearing problem. Can they force me to get a hearing aid? If so, must they pay for this?

QUESTIONS AND ANSWERS #120:

1) What should I do if documents are missing from my personnel file? 3) Is responding to alarms on the city computer at home considered work and should I be paid? 4) While in acting duty for my supervisor, I’ve concluded that either he or the Department head have been involved in fraudulent behavior. Should I be a whistle-blower?

QUESTIONS AND ANSWERS #121:

1) I’m a probationary employee whose wife is six-months pregnant. Am I entitled to any time off when our baby is born? 2) To what extent can employers use sick leave usage as an evaluation parameter? 3) What state and federal labor laws apply to public employees? 4) Does the city have the right to rehire me even if I left a department that marked my final papers with “do not rehire”? 5) Do I have to supply my employer with my cell phone number so they can call me when I am out on an injury -- even though I call in every day anyway?

QUESTIONS AND ANSWERS #122:

1) Can I refuse to perform out-of-class work? 2) Are bonuses considered “PERSable” income? 3) What is the Association’s obligation to represent non-members? 4) If I come in for a scheduled overtime shift on the weekend but they send me home after a half an hour, shouldn’t I be eligible for my 2 hours call-back pay? 5) We have an employee being asked to pay back salary that Human Resources says he was overpaid. Does he have to comply?

QUESTIONS AND ANSWERS #123:

1) The City requires Water Operators to take their trucks home each night, but does not allow children to ride in them. I must pick up my kids from school! What can I do? 2) Does Personnel have to notify an employee if a Department head looks at his file in the Personnel Department? 3) Is it a conflict of interest if an employee owns stock in a company that the city is considering hiring? 4) Can employees document their daily observations? 5) Do we have the right to demand to be paid by check versus direct deposit? 6) Why are desk audits done at all if the only outcome is that the City “revises” the current job classification? 7) Can the City change our work hours whenever it wants to? 8) Is there a time limit as to when annual reviews need to be given to an employee when their anniversary has already come and gone?

QUESTIONS AND ANSWERS #124:

1) I retired in December, while negotiations were still going on. Now, two months later, I understand that my association settled on a 4% pay adjustment, retroactive to July. I was on the job for six months of that time. Shouldn’t I receive some of the retroactive adjustment? 2) I am a bus driver and was the victim of a person on the street who threw water on me yesterday. I was too wet to continue driving. The City said I could go home for the day, but told me to use my own sick leave or vacation. Is this right? 3) My co-worker has been accused of a felony and is awaiting trial. Can the City “summarily terminate” him with no hearing? 4) Can our manager change the way we are granted approval for vacation requests? 5) What can I do about chronic 50 to 55 hour weeks? 6) I had an argument with my boss and said I was quitting. Later the same day, I realized this was a mistake, and I told him I was not quitting. He said I was too late and had lost my job. Is there anything I can do? 7) I was on vacation out of the country and was unable to get back to work on time. I missed two days. The City said this was the same as resignation, and I had lost my job. Can they do this? 8) Does the City have to pay me for vacation time I’ve accrued above the maximum cap? 9) My co-worker keeps putting up religious stuff on the bulletin board at work. Do I have the right to demand that he take it down?

QUESTIONS AND ANSWERS #125:

1) Is there a difference in the benefits if someone is laid off as opposed to retiring? Can the City withhold medical coverage to the person who is laid off? 2) What kinds of "punishments" are there for not following the dress code? Shouldn’t the discipline be spelled out in the policy? 3) If I were asked to be in charge of the Department because all of our management employees were taking the same day off, could I decline without being accused of insubordination? 4) Shouldn’t the City be paying my medical premiums while I’m off work on disability? 5) Question about accumulation of vacation days when “day” changes from 8 hours to 9 hours. 6) The City did a salary survey and found that my position was way underpaid in comparison to the surrounding cities. How much compensation should I expect? 7) Can the city deny a vacation day request that is going to be used for family medical purposes? 8) Can the City tell me that I can’t use bereavement time to go to my ex-husband’s funeral? 9) I heard that the City is talking about taking away our right to sit on a jury. Is this legal?

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QUESTIONS AND ANSWERS #126:

1) A Supervisor is being harassed by her subordinate- what recourse does she have? 2) Every two years I have to get a physical in order to “recertify” my Class A driver’s license. I want to see my own doctor and have pre-designated him for emergencies. Can the City force me to see their doctor? 3) My performance review says, “Tom uses his sick leave as fast as he receives it.” What can I do about this slander? 4) I was off the job for more than a year with a workers comp injury. I’m now back on the job, but just found out that the City failed to make any PERS or social security contributions on my behalf for the entire year. What should I do? 5) Isn’t there a state law that says employees have to be paid double time after 12 hours straight? 6) Do I have right to shave my head? (by the way, I’m a woman…)

QUESTIONS AND ANSWERS #127:

1) Can I get in trouble for looking for a job while I’m on sick leave? 2) If I am called in for questioning

about an incident I witnessed between a co-worker and a member of the public, do they have the right to tape record my answers? 3) The City says I have to maintain a Class A driver’s license even though I’ve been promoted and haven’t driven a truck for 6 years. Is there anything I can do about this? 4) When I was out sick for two days, a co-worker who was filling in for me rearranged my whole desk. Is there anything I can do about this? 5) Can I be barred from direct communication with the City Council, even if I’m acting as the head of a Department? 6) Is there any guarantee that my retirement payments will continue to be made after I retire, even if my city later leaves PERS and/or PERS health care? 7) Can our supervisor refuse to pay us with comp time instead of pay for overtime worked?

QUESTIONS AND ANSWERS #128

1) Isn’t there a difference between a merit increase and a cost of living increase? 2) I wanted to know how an employee might be protected against harassment from a resident of the community. 3) I work in a nice well-lit office with a window, but I am being moved into a former storage area that is being remodeled. Can they force me to move? 4) I’m a Community Services Coordinator, which is a general job class. But I have always been in charge of softball. Today I was told that all the CSC’s are going to get new assignments so the City can cross-train us. I don’t know anything about the other divisions, such as childcare or aquatics! 5) Apparently our department is hiring a contract employee to be able to supervise some the General Employees. Hiring an outside contractor to oversee permanent employees just doesn’t seem right I am wondering what you think about this.

QUESTIONS AND ANSWERS #129:

1) I am going off the job for a hernia operation. I believe that the injury is work-related and I’ve filed a workers compensation claim. The City’s workers comp administrator is telling me that I need to release ALL of my personal past medical records for them to review. Is this true? 2) I resigned from my job because of problems with my supervisor. Immediately after this, I found out that my offer of a job from another City had been withdrawn. I believe this is the result of a conversation my boss had with the Department Head in the other City. What can I do about this? 3) Can Management change schedules to avoid the payment of overtime? 4) One of my co-workers was hurt last week, taken to the clinic the City uses and had a dozen stitches put in the top of his head. When he went back to have the stitches removed before returning to work, the nurse made him give a urine sample for a drug test, as “part of protocol.” I can’t believe that this is legal! 5) I want to file a grievance against a co-worker who has been harassing me. Do I start with his supervisor or with mine?

QUESTIONS AND ANSWERS #130:

1) What should I do about a co-worker who I know is using drugs? I don’t want to get the guy in trouble, but I don’t want to work with him, either…. 2) I’ve been told that if I’m on a cell phone that is paid for by my employer they have the right to listen to my phone calls. Is this true? 3) I’m a supervisor and am not eligible for overtime pay. I want to know whether an exempt employee can be docked pay for lateness? 4) All of the people in our job class are being encouraged to come, voluntarily, to a city event. I think we should insist on being paid. What does the law say? 5) I am a custodian and, because I go into all the City buildings, I have been assigned to check the functioning of all the defibrillator in the departments. Checking these machines is way outside my job assignment. I’m worried about being held responsible if something malfunctions in an emergency. Can I refuse to do this? 6) Can my department head keep a file on me without my knowledge?

QUESTIONS AND ANSWERS #131:

1) I was held up at gunpoint on the job, and have been experiencing psychological repercussions. Shouldn’t the City be responsible for letting me have time off for therapy? 2) In August I asked for a day off in January. My boss said he couldn’t approve the time off because my co-worker, who is out on disability, may not be back by then, or might need that time off. Is there anything I can do? 3) Last year I purchased two years of service credit to apply toward my future PERS retirement. At that time, we were under the 2% @ 55 plan. The City has now upgraded their the 2.7% @ 55 plan. I want to know if my two years’ additional service credit will now be counted under the 2.7% plan? 4) What privacy protections of our medical history do we have under HIPAA?

QUESTIONS AND ANSWERS #132:

1) I have been terminated, unjustly, and am awaiting a hearing before an arbitrator. If the arbitration goes in favor of the city, will I still be able to sue for wrongful termination and mental distress on my own or will I loose my right to sue? 2) How many times can my supervisor threaten to write me up, when I’m not doing anything wrong? Isn’t this harassment? 3) I am a programmer and am about to lose my drivers license for 30 days due to a “DUI” (driving under the influence.) Do I need to tell my employer about this? Does the DMV automatically tell them? 3) I am supposed to work a 9/80 schedule, but sometimes they have me work unusual hours or days because I am available and dependable. I’m a team player, but really feel like the City is taking advantage of me. 4) The City is altering our vacation request forms to say, “All vacation request approvals are provisional based on operational needs. Your days off may be modified to ensure least interruption to Operations.” Is this legal?

QUESTIONS AND ANSWERS #133:

1) I’m one of five people eligible for standby pay. We serve for a week at a time, and have always been able to trade amongst ourselves. Some people want the extra money, but some don’t; it’s always been voluntary. Our new manager says we can’t trade any more and can’t refuse to do standby time if we’re assigned. Is there anything we can do about this? 2) Some job descriptions say "journey" "professional" or other skill levels. Is there a complete definition list you could provide for me? 3) My supervisor made comments on my performance review about a conversation I had with a former employee in a restaurant after work. She said that my comments “reflect negatively upon the department.” I think I should be able to say whatever I want about my job on my free time. Can she do this? 4) I was involved in a car accident while on the job and have been going to physical therapy three times a week. My new supervisor doesn’t believe this is necessary and keeps questioning where I’m going, when and why. She has even called my doctor to find out about my condition and to try to change my appointment times. Is she allowed to do this? 5) I work in the parks and I am mostly alone in the field. My manager asked me to sign a memo saying that I will notify him any time I leave my assignment, even if it is only to take a rest room break. Can I be required to sign this? Can I be disciplined for taking a break without calling him if I sign it?

QUESTIONS AND ANSWERS #134:

1) Can the City make me be on standby ALL THE TIME? 2) Is it true that I can be required to bring a doctors note every time I use sick leave under the FMLA? 3) I have so much work, I can barely keep up. It’s not unusual for me to work 50 or 55 hours a week. I think this is abusive, but my boss is kind of a jerk and I’m afraid that if I speak up, I’ll get fired. What can I do? 4) My supervisor has posted all of our leave balances on a bulletin board to promote better attendance. He says it’s public record. Is that legal? 5) Can I be compelled to clock off for an hour and a half between the end of my work day and the start of our Planning Commission meeting twice a month? 5) I’m a lead worker, 56 years old, who has been assigned to paint numbers on curbs. After doing this for eleven months, my knees are hurting chronically. I think I should go to a doctor and possibly file a workers comp claim. I’m worried, though, that the doctor will say I can’t do this kind of work any longer. Could I possibly lose my job?

QUESTIONS AND ANSWERS #135:

1) I'm going to be under a doctor’s care, and yesterday, my supervisor asked me if I could reschedule the time off (because it is an elective procedure) for a week or two. Can they make me reschedule the operation? 2) How many days does an employee have to respond to management about statements made on performance evaluations? 3) We have always counted vacation and sick leave, used in the middle of the week, as “time worked” toward the calculation of overtime. Now, management is saying that this is a mistake and that sick leave and vacation will be considered time off, so we only get overtime after working 40 hours. Can they do this? 4) Can I take time off under FMLA to care for my daughter who will be having twins? 5) I heard that my Association Board has met with the City to modify our Bilingual Pay policy. My question is: is this considered a modification of our MOU? Don’t the members have to vote on this? 6) I am being told that I can’t apply for a position (graffiti abatement) because I don’t speak Spanish. Is this legal? It sounds like reverse discrimination to me. 7) It appears that the City will soon begin opening our library on Sundays. I am wondering if employees can be compelled to work on Sundays when scripture clearly says otherwise. (Exs.20, verses 8-11).

QUESTIONS AND ANSWERS #136:

1) If I know my boss is “bending” some rules, to what extent am I obligated to report him? 2) I am a supervisor with an employee who constantly files false grievances against me. What can I do? 3) Our planning Commission meetings starts at 7pm. I’m the Commission Secretary and I start setting up at 6 p.m. Shouldn’t I be paid for the hour that I am setting up? 4) My supervisor handed me an information sheet on a PERS seminar for people who are thinking of retiring. Could this be considered age discrimination? 5) I am a Senior Analyst and have been assigned to my position for two years. The city just told me they are going to be opening my job to be filled as an Analyst 1, and that I can apply. It would be a 10% loss of pay! If I don’t want the job they said I can transfer, do I have any recourse? 6) Is a letter of “counseling” considered discipline? Do I have a right to appeal if I disagree with a letter I was given? 7) I am an office specialist, but I work in the Recreation Department. My boss just told me I need to wear the City’s shirt with their logo, can I be forced to do this? 8) My employer made a mistake on my W-2 two years ago causing our PERS benefit to be viewed as a private retirement plan by the IRS. I was audited and the IRS now says that I owe $900! What can I do about this?

QUESTIONS AND ANSWERS #137:

1) If an employee falls on the stairway in the employee parking structure, is the City liable? Should they file a workers comp claim? 2) Can part-timers buy PERS airtime? 3) I had a family medical emergency and had to leave work immediately. I told my supervisor, in person, that I needed to leave, but he never answered me, and shooed me away. I also sent an e-mail to my Director before I left explaining the situation. Now I have heard that they are saying I abandoned my job and left without permission! What should I do? 4) Can I be disciplined for inciting an employee strike or sick out? If terminated, could I collect unemployment? 5) One of our employees was just offered a promotion and Personnel is requiring him to take a physical.  I don’t believe any one else who has been promoted has had to do this. Is this legal? I should mention that this employee does have a disability: he only has one eye.

QUESTIONS AND ANSWERS #138:

1) For over a year, one of my co-workers has been complaining about our perfumes, lotions, and other personal items as a problem to his health. He claims to have allergy problems and has even shared a doctor’s note with managers. What are the City’s policies and the employee rights on this issue? 2) If I was hired before the City required Sunday work. Can I now be required to work Sundays? 3) Can my boss require me to give him my personal cell number? 4) Our supervisor calls people at home who are sick to ask if their problem is a work-related injury. Also, after returning to work from one or two days’ illness employees are being sent to the company doctor to be cleared. Is this legal? 5) I have a home-based business and have just been given a policy to sign about "collateral employment". I was instructed to write a brief memo to the City Manager regarding my outside business and attach this to the signature page. Does the City have the right to single me out to provide information about my private business?

QUESTIONS AND ANSWERS #139:

1) My co-worker and I were having a smoke, on our break time, in one of the City parks. Our Department Head saw us, didn’t like it, and put out a memo saying “employees can’t smoke on any city property at any time.” Can they do this? 2) Since the state of California has allowed for medical marijuana, what is the city's policy regarding this issue? 3) I’ve been asked by a member for a clarification regarding the use of the city’s e-mail for union activity.  4) I am our Association’s secretary and was asked, by one of the Department Heads, to give him a copy of the sign-in sheet from our last membership meeting. Do I have to comply with this? 5) I am on probation and will be resigning next week. Will I lose my vacation? I’ve been there 11 months. 6) I’m an accounting supervisor and am being directed by my Department head to give Acting Pay to one of my subordinates, who are NOT in an acting capacity. It’s a “political necessity,” he says. This violates my ethics. What should I do?

QUESTIONS AND ANSWERS: #140

1) I am a job share employee. I work 20 hours a week, so I can stay home with my baby. The City just told me I need to work on Wednesday next week, which is one of my days off. Will I get in trouble if I tell them I can't work that day? 2) The City has put a document in place entitled “Health benefits for terminated employees.” It provides a very good benefit, but it is not in our MOU. Does this mean that it cannot be enforced? 3) I have an FMLA letter on file to care for my father, who was critically ill. Yesterday, he died. Do I have to go back to work or can I continue to use some of the time? 4) I was told by my Department Head due to time I took off for paternity leave, my anniversary date has changed. This new date has delayed my pay increase! Is this legal? 5) Can one department have a dress code which is different from the rest of the City? 6) Our Senior Code Enforcement job used to be a promotional-only position. The Council has added more duties and training requirements -- and has opened recruitment to the public. Is there anything we can do about this?

QUESTIONS AND ANSWERS: #141

Our local vendors sometimes give me small gifts. Can I accept these? 2) I am often called in for overtime, but the income is not being added to my highest year’s pay for PERS. How can I fix this? 3) My dog died and I was very upset, so I called in sick that day and the day after. When I came back to work, my boss said I’m not going to be paid for work those days. Can they do this? 4) I am sometimes called at night to deal with emergency situations. I DO receive call-out pay, but the City has refused to put me on the standby list so I can get Standby Pay. Can I tell refuse to come in when they call? 5) I have a class A license, but haven’t driven a heavy vehicle for years. Today, one of our drivers gave notice and our boss says he’s going to give me the job. I really don’t want it. Can I be forced? 6) Our supervisor makes belittling remarks about everyone and seems a little paranoid. He says he can’t talk to anyone because he’s afraid of being sued and that the City is out to get all white males. He gives low performance reviews, so he can’t be sued for “overrating” employees. What can we do about this? 7) I am secretary to our Civil Service Commission and am required to go to lunch with the Commissioners. The city picks up the tab, but I do not receive a personal lunch hour.  Doesn’t the City also have to give me an hour “off the clock?” 8) If you get a call from your employer on your day off, aren’t you supposed to get two hours of pay for that call? 

QUESTIONS AND ANSWERS #142

We work in the Police Department and we all have lockers. The City has suddenly told us that we need to give them copies of our keys, or combinations. They also said they may be taking the lockers away. Can they do this? 2) I work in a department that normally has five employees but, due to vacations, maternity, and injuries, three have been out most of the last month. I have been left to handle a huge volume of work and have not complained. But this weekend my hands were cramping and sore. I feel that I can do my job, but not everyone else’s. What should I do? 3) I was off the job, having surgery, when my crew signed up for this year’s vacations. When I came back, my boss said I had to take the slots that were left over “because you were sick.” Isn’t this illegal? 4) Can I be forced to cross a picket line in order to perform my job?

QUESTIONS AND ANSWERS #143

1) If a supervisor suspects that an employee has sustained a work-related injury, but failed to report it, does he have the right to inquire about the employee’s medical condition? 2) Can I be forced to come into work on my day off? 3) Can my boss require me to give him my personal cell number? 4) My job description says "Schedule Crossing Guards and make sure all crossing intersections are covered; Check and total time cards." My new supervisor says I also am also supposed to observe and "evaluate" the crossing guards. I am not a supervisor (and have never been a crossing guard) and don’t feel I am qualified to do these "evaluations." I told him this, but he is insisting that I proceed. Do I have to comply? Shouldn’t I receive higher pay for this duty I think is a supervisor’s job? 5) If the employer suspects that someone is lying about being sick, can they call his doctor? Can they hire an investigator for surveillance purposes? 6) Can employees be denied the right to review their personnel files?

QUESTIONS & ANSWERS, #144

1) My co-worker wants to take a vacation but doesn’t have enough vacation time. She wants to take absence without pay and has also offered to give up her health benefits for that time period. Management has told her if she does this, they will write her up. Can they do this? 2) Is there anything we can do about the City’s using “consultants” in the I.T. Department? Every time someone leaves, they bring in a consultant instead of filling the job. 3) Can my boss call me at home to talk about work? 4) I am president of our Association and the city just sent me the job descriptions of two new classes they intend to create. What should I be doing about this? 6) The City has switched to a vendor for the processing of the parking tickets. This means that I am now required to monitor the vendor and have to learn how to use this new system. I was wondering if that qualifies as an opportunity to "meet and confer?" 7) the City Manager wanted to institute a “meritorious performance” bonus system, but our Association opposed this. Why shouldn’t we support it?

QUESTIONS & ANSWERS, #145

1) I am a Building Maintenance Tech and I carry a beeper and am sometimes called to handle middle-of-the-night repairs. I have asked for standby pay and been denied. Can I refuse to handle the emergencies? 2) I am a Recreation Assistant, working in aquatics. Our custodian quit and my boss told me to start cleaning the toilets and urinals. I refused. He gave me a letter saying I could be required to do “other duties as assigned,” was insubordinate, and would be terminated if I didn’t comply. Must I cooperate? 3) I’m leaving my job and my last day is tomorrow. I’ve been told that I’ll get my check next week. Don’t they have to pay me on my last day? 4) I’m a new employee and I hurt my knee on the job in my first week of work. I didn’t report it, and continued to work, which made the injury worse. Six months later I hurt it again, pretty badly. I had to have surgery and take six weeks off, mostly without pay. My doctor and co-workers convinced me that I should file a workers comp claim, which I did. Now I am being called in for an investigation for possible fraud! What should I do?

QUESTIONS & ANSWERS, #146

1) Do you know of any law that says the workplace should provide a place for women to lie down (due to a medical condition?) 2) Under what circumstances can an employee be demoted? 3) Last year in August I was supposed to get a 2.5% step raise. Since my supervisor’s position was eliminated, I took over most of those responsibilities. The Director decided to hold off on my raise so he could reclassify me and increase my pay by 5% (instead of the 2.5%). This reclassification will go into effect this month, but what about the time between August and next month? My questions are: a) Since I was entitled to a raise as of last August, am I entitled to my new rate of pay retroactively? b) If they do give me the 5% raise next month, am I entitled to another raise this August, or will I have to wait a full year?

QUESTIONS & ANSWERS, #147

1) Can management tell us who we can or can’t go to lunch with? 2) Our boss (female) has an annoying habit of checking us (females) out when speaking to us. She literally looks you in the eyes and then her eyes run down the length of your body to your feet and up again. I don’t mean to suggest it is sexual in nature but it does make us uncomfortable. Is there anything we can do? 3) Can the City require that all floating holiday time be used by June 21 because it's more convenient since the next payroll is divided between fiscal years? In the past, we have always had until June 30 to use this time. 4) Is there a limit on how hot a workplace is allowed to get?

QUESTIONS & ANSWERS, #148

1) Management has told me that the 5% additional pay I will get this year wouldn’t count for my PERS if I don’t stay for a whole year. Is this true? 2) I’m about to retire and I have noticed that my hearing is getting worse. I’ve been working around chain saws and jackhammers for years. Should I file a workers comp claim? Should I postpone my retirement until this is settled? 3) I need to know how to respond to a letter my supervisor gave me, which accuses me of making a serious error on the job. I didn’t make the error – my supervisor did it, and he is trying to blame me. I’m on probation and I’m concerned about angering him. What should I do? 4) I was putting up the City flag, but my boss told me to take it down. I told her that I’m a veteran and I have a son who’s fighting in Afghanistan. She said “if you don’t do what I tell you, I’ll fire you.” Isn’t the City required to fly the flag? Don’t I have the right to put it up? 5) Can I be compelled to wear a headset? 6) What are our rights concerning campaigning for Council members? What if there are complaints against a particular Councilman? Can we divulge them?

QUESTIONS & ANSWERS, #149

1) A part-time employee here cut off his thumb using a chain saw. He’s not an Association member and does not have any medical plan. Does he have any rights? Also, when OSHA came out and inspected, the City discontinued all use of equipment in the Parks Department until further notice. Does this mean that they can send us home for lack of work? 2) I have been with the City for 10 years, have a great track record, and have been promoted several times. I now supervise five other employees. But my new manager, who has been here 4 months, tells me that I am not doing a good job and that I am missing supervisory skills. I’m concerned about my upcoming performance review. Could he deny my adjustment or demote me? 3) The City just sent me a form, requiring that I provide my PERSONAL auto insurance information. Must I comply with this? 4) For years the City has been paying two different guys to be on emergency standby each night: one from Water and one from Public Works. Now they want to save money by discontinuing Public Works standby, and having the Water guys cover this work. This could be repairing a park door or unplugging a toilet or picking up tree limbs. The Water Department personnel don’t want to do this. Can they be forced to? 5) I just found out that classified employees in my City have access to the Civil Service System but Unclassified employees do not. I would like an explanation of the difference in the two kinds of employees and why one has access to Civil Service, but the other doesn’t. I never heard of this distinction is my previous job, which was also in a city.

QUESTIONS & ANSWERS: 150, Blogs, Tattoos and DUI’s

1) Do I have to tell a prospective employer about my past workers compensation claim? 2) I got a DUI (driving under the influence) over the weekend, and have reported it to my department. Could I lose my job? (I should mention that this is my 2nd DUI…) 3) I heard that the City Council wants our personal information. Not just our names, photos from our security photo ID and employee numbers, but our home addresses and home phone numbers, and who knows, maybe more? Now what? 4) Our new dress code says that employees cannot have visible tattoos. I DO have tattoos on both my arms – and the City knew this when I was hired. Could I be fired? 5) Can I be disciplined for something negative I say about my workplace on my OWN PERSONAL BLOG. Doesn’t this interfere with my right to free speech?

QUESTIONS & ANSWERS: 151

1) I’m going off the job on Family Medical Leave to take care of my mother for six weeks. I know our city is having terrible economic problems and may be laying people off. I was told that I could not be laid off while on FMLA leave …is this true? 2) I have been taking off time to care for my father in another country and have used up three months’ leave. I need to go back in another month, but they say I could lose my job. Is this true? I still have 100 hours of vacation time on the books. 3) My supervisor will be going on a three-month disability leave at the end of this month. Rather than giving the “acting” supervisor’s job to me, the lead man, they are giving it to an employee in another division. The guy they’re giving it to is in Maintenance – and we’re in water. He doesn’t know anything about our work. Can they do this? 4) We are a 5-person committee which meets with the City Manager once a month to discuss employee problems or morale-boosting programs such as the Awards banquet. We have always received comp time for this hour, which is at lunchtime. Now I’m told I won’t be getting the comp time any longer. Isn’t this committee considered work? 5) Can my manager give me an evaluation while I am on workers comp? 6) I hit a man with my vehicle as I was pulling out of the driveway at work. He was hospitalized and died. I saw a psychiatrist, who took me off the job for five weeks. I was found innocent and not disciplined. BUT, I just found out that the man’s family is suing the city, and I think they are going to sue me. Do I have to hire an attorney or will the City defend me? 7) What can I do about a boss who doesn’t know how to do his own job and then tries to blame me? 8) Once a year we have to get uniforms at a local store. Do I have a right to be paid during this time?

QUESTIONS & ANSWERS: #152

1) I’m being subpoenaed to testify at a criminal hearing against a co-worker and I know the City will not like some of what I will be saying. How can I be protected against retaliation? Specifically, I believe they will try to show that I’m a less-than-perfect employee and that the City will then try to discipline me. 2) I work a 9/80 schedule and would like to take a part-time job on my alternate Fridays. Can I do this? 3) The Maintenance Department just sent all our members for hearing exams. One person failed the exam and is being sent for a follow-up appointment with a specialist. They told him he needs to use his own time for the appointment. Is this true? Also, if he fails the exam again, could they fire him? 4) I have information that the City Manager and one of the Department heads are having an affair. Both of them are married. What should I do? 5) Can Management prohibit the carpooling between a confidential employee and a general employee? I have been carpooling with one of our Personnel Analysts, and I have just been told that this carpooling is not appropriate. 6) The other girls in my office are on the 9/80 schedule, but I work five days per week, eight hours a day. This is my preference. Sometimes the City Manager allows everyone in the department to go home at 5 p.m., which means that they only work 8.5 hours, instead of 9. This means that I’m often putting in a longer week for the same amount of pay. What can I do about this? 7) I would like to know if I can use my deferred compensation fund to make mortgage payments. My husband just lost his job and we are in danger of losing our home. Alternately, is it possible for me to borrow money from my PERS account?

QUESTIONS AND ANSWERS: #153

1) The City is closing down during the week between Christmas and New Year’s, and that employees may use their own vacation time, if they want to be paid. Can they just do this? There are some new employees here who don’t even have enough vacation time yet! 2) It is 92 degrees at my desk and only 1:30 in the afternoon. The air conditioning in our building has been “under repair” for a month! I have checked with my co-workers and EVERYONE is uncomfortable. One employee with a medical condition fears that she will become VERY ill if this isn’t fixed soon. What can we do? 3) I am off the job, recuperating from surgery caused by a work injury. I just received a letter from the City saying that I have used up six weeks of my FMLA time! Do they have the right to use up my FMLA time when I’m on workers comp? 4) One of our members requested vacation today for this coming Friday. Her supervisor denied her request.  There is no precedent for vacation being denied in the past. In fact, there have been times that I’ve been granted time off with only one day’s notice.  I would like your opinion on this issue. 5) On Saturday the City truck was broken into while I was on duty. My purse and all of its contents were stolen. Does the City have to reimburse me? 6) My department head saw me talking on the cell phone while driving and he called me into the office after work. He said he was giving me a verbal warning about the new law. I think that only the police can enforce the law… What right does the City have to do this?

QUESTIONS AND ANSWERS: #154

(1) My boss is giving my duties to people in other (lower) job classes. I think he may be seting me up for a layoff. What can I do about this? (2) My department is sending me to a psychiatrist because I’m having some problems (shakiness & falling) as a side-effect of medicine I’m taking for a disability. Do I have the right to be represented in this meeting? If the psychiatrist says that I cannot perform my job any longer, can they terminate me? (3) My Department is advertising an opening for a job that I have been performing (in acting capacity) for more than a year! Shouldn’t I be the person who’s promoted to this position? (4) When a mid-manager is on probation and has been receiving excellent performance reviews, does the city have to give him ‘just cause' prior to termination? What if everyone knew that the release was due to an affair he was having with one of the managers? (5) Two employees at City Hall told me they were told to work overtime and then, afterward, were told there was no money to pay them – that they would have to take comp time. Is this legal?? (6) Our MOU says that we get 48 hours of “family care leave.” I have a child with asthma, have used up my 48 hours, but STILL needed to take off with him this week. I wanted to use vacation leave, but the City said I would have to be UNPAID. Can they do this?

QUESTIONS AND ANSWERS: #155

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(1) Our City’s disability plan is terrible. I think our Association should try to negotiate coverage by the State Disability system in our next contract. If the city were to use SDI, however, I know that some employees would not want to participate. Or is it an “all or nothing” program? (2) Do I have any entitlement to a “regular” work schedule as stated in the MOU or can they tell me to work 8-5 one day and 2-11 the next? (3) Last time we voted on a new MOU, the members only saw a summary of changes, not the entire contract. I want to know if this is legal and how I can make sure it doesn’t happen again. I need to know what I’m voting on before the vote. (4) How should I approach my employer about getting reimbursed for personal belongings lost while on the job? (5) Our City has just implemented a hiring freeze as well as a freeze on overtime. Some employees have already worked overtime in this pay period and now are being told they have to adjust their schedules so there is no overtime expense. Is this legal?

QUESTIONS AND ANSWERS: #156

(1) I’m in the process of adopting a child who is deaf.  I’ve been taking time off for court hearings; meetings with social workers and appointments that accompany a child with disabilities. Should I have something on file in the event the flexibility should cease at some point? (2) After the City hired me, my Department realized that I had a California Journeyman Electrician Certification, so they made it a requirement that any city electrician needed to be certified.   My certification renewal is due in March and the fee is $100. I am told by H.R. that the City does not reimburse me for this. Shouldn’t this be reimbursable? (3) May a part-time employee who works from 8 a.m. to 4 p.m. take a 30-minute paid break? (4) I’m a librarian, and will be leaving for maternity leave soon. My department transferred me to a new worksite a month ago, which is very difficult: lots of “street people” and students with no place to go. I’m so stressed that I’ve actually started losing weight when I should be gaining. Is there anything I can do? (5) I am one of four supervisors in my department, but I’m the only one regularly scheduled to work Sundays. I need to take a Sunday off later this month, but my manager says I cannot do this unless I find my own replacement. No one is willing to do this. Do I have any recourse? (6) Our boss wants to initiate a sign in and out sheet.. Right now, we have no sign-in-or-out procedures. Is this something they have to meet & confer about?

QUESTIONS AND ANSWERS #157

(1) My co-worker’s ex-girlfriend called the City to say he’s a drug user. They are now telling him he has to go for a drug test. This doesn’t seem right to me… (2) I’m on probation and have been with the city only 11 months. I met with my superintendent to tell him about some of the abusive and racist statements my boss has made. This afternoon I was given a termination notice. Isn’t this retaliation? (3) I work with a probationary employee. She has no sick or vacation time accrued; she was charged $69 for one day’s worth of her benefits when she called in sick.  When we asked HR about it they said, “It’s not written anywhere, it’s just the way it’s always been done…”.  Is this legal? (4) Our Board of Directors agreed to a change in our holiday schedule without consulting with our membership. Is this legal? If not, what can we do about it? (5) In the 10 years that I have worked here, there has been a very obvious "caste system" in my department. Out of 14 employees, only four of us are NOT managers. Is it EVER appropriate to have a department that is THIS top heavy with managers? Is it appropriate for managers to bring down the morale of the four lowly clerical people in such blatant ways? (6) We have an employee who refuses to take lunch. Sometimes she is too busy, doesn’t want to lose her parking space, or doesn’t have anything better to do since she eats at her desk throughout the day. Is there anything we can do? I’m her supervisor.

QUESTIONS AND ANSWERS #158

(1) The City provides my only cell phone. At the end of each month, I pay the City for any personal calls I’ve made. Now I am off with a work injury, and the City wants me to turn in the phone. If I do this I either won’t have a cell phone at all, or I’ll have to establish a long-term contract to get one. Isn’t this discrimination against me because of my injury? (2) If a person retires at the end of 2008, then in January 2009, their Association gets an upgraded retirement plan (the 2.7% at 55) does that person get the higher retirement benefit? (3) My parents own a restaurant and catering business in the City. They sometimes cater events sponsored by the chamber of commerce, which are attended by City officials. Is this a “conflict of interest” for me. I sometimes work for my parents on my days off. (4) I got a DUI arrest (driving under the influence) on Saturday night. I wasn’t on the job. Should I tell my supervisor? My court case is coming up in three weeks and my license is suspended until then. (5) If my director calls a staff meeting, to be held during lunchtime, but no lunch is provided, is staff supposed to be provided with their own lunchtime later? With the tight budgets, the Departments have all stopped providing food for their meetings. (6) Our Association is supporting a local ballot measure to raise our utility user’s tax. There’s a rally at noon today. We want to demonstrate our support to the Council. Is there a problem with our attending on our lunch hour, and with some of the guys being in uniform? (7) The City is changing our job specification to delete several of the duties. How will this affect my job? (8) I am recuperating from knee surgery and need to go to the doctor occasionally. My boss just asked me to change two of my appointments in order to accommodate another employee’s need to go to a training class! Can they do this?

QUESTIONS AND ANSWERS #159

(1) Who I am allowed to call as a representative the next time the City wants to call me to a meeting. I think I need a professional. (2) The supervisor is bragging about getting a promotion when all other hiring in the city is being frozen. What about the huge financial crisis? They created a whole new job class for him! Is this legal? (3) I have always received Acting Pay when my boss goes on vacation. This year they have re-written her job duties to give her supervision over another area, and I will not be performing ALL of her duties when she is gone. Should I get Acting Pay for the duties I DO take over? (4) Can I be transferred to a different department against my will? (5) I am on the Board and trying to help a co-worker. She hurt her hand at home, not at work, but she took time off to go to the hospital to have it checked out. She turned in a “Leave Time Request,” asking to use vacation for the time off. Does her supervisor have the right to deny her use of vacation time, and say she has to use sick leave. (6) Does my supervisor have the right to ask what I am going to do on my vacation days? Can he refuse to grant the time off on the basis of what I’m going to do with the time? (7) I told my supervisor I wanted a labor rep when said I was going to a meeting to receive a letter of reprimand. He told me that no. I went alone and stood there, saying nothing, while our superintendent read the letter to me. Since I was denied a rep, can I now have the letter overturned? (8) My performance evaluation and step raise are more than ten months overdue. My MOU doesn’t say anything about timing. How long can they wait?

QUESTIONS AND ANSWERS #160

After a subordinate accused me of sexual harassment, I went through a humiliating, detailed investigation. I want to take legal action against her for slander or defamation, but my Manager is telling me that this would be retaliation. Is there anything that I can do? (2) Does the City Council have the right to look at my personnel file, and do I need to be notified if this occurs? (3) My district is starting a “Class and Comp Study.” If my position requires a higher certification than I hold, could I be in danger of losing my job? (4) If you are an hourly employee and are to attend a meeting, seminar, etc. that takes your lunch time, should you (a) be paid overtime or have the option to (b) leave an hour or a half-hour earlier depending if you have an hour or a half hour lunch? (5) As an Inspector, I was told I need to attend CPR classes. This is not in the job requirements. Can our Department just decide to make me attend? Are they required to meet & confer if they want to make this mandatory? I feel that with this swine flu going around this is not a good time to make people learn CPR. I have attended these classes in the past, but I was never told that they are mandatory. (6) My co-worker has been smoking in our office despite the City’s no smoking rule. I’ve now developed a lung problem and have been off the job for more than a month. I’ve filed a workers comp claim, but the City denied it. Since I believe that the city knew he was violating the rules and took no action, should I file a separate action?

QUESTIONS AND ANSWERS # 161

(1) Performance Improvement Plan with no final review; (2) On standby with an ailing parent an hour away; (3) Is the City required to provide its employees with a break room; (4) Do city employees have the right to collect unemployment or disability benefits; what happens if we get laid off or fired; (5) Is the minimum increment that the City is required to pay on overtime 1.5 times your normal pay for each hour worked and the time worked can be as short as .25 hours; (6) Is it legal for the City to force me to give up overtime when they require me to take a course for certification; (7) New hires were never told about new policy that was NOT noted in the Personnel Rules or changed on the City’s website.

QUESTIONS AND ANSWERS # 162

1) Is a regular, full time employee required to train a contract employee? If a contract employee is specifically hired to do the mail, could an Admin Assistant be required to train the contract employee on HER desk? 2) If I am called in to work during my vacation, do I receive overtime pay? 3) When I was injured at work and hospitalized, I designated my personal doctor as my medical professional, and the City acknowledged this. The City’s insurance carrier sent me a letter directing me to see their doctor. Can require me to do this? Will I be using my own time, or will this be considered paid work time? 4) I think my supervisor is targeting me for layoffs. He’s giving all of my responsibilities to one of my co-workers. What can I do? 5) I was threatened with discipline for spending too much time on the internet. I won my appeal, but now the City has taken away my computer! Previously, I communicated with my boss by e-mail if I needed supplies or needed to ask about time off. How should I handle these things now? 6) I’m a working supervisor and have been told that my job class is “going exempt” and I won’t be receiving overtime pay anymore. Can they just do this? Don’t I, or my union, have any say?

QUESTIONS & ANSWERS # 163

(1) Do you have to be the same gender to get domestic partnership benefits? (2) Should we be receiving a higher pay rate after 12 consecutive hours when we work around the clock? (3) I pulled a back muscle on the job and took time off. I’m being required to fill out a lot of forms. Can I just drop the claim now? (4) When my supervisor was out on vacation, I was doing the bank deposit for her. I was trained to do this job for her. She tells me I am not eligible for move-up pay because I was not doing ALL of the duties a supervisor normally does. (5) My husband may be dying. I work swing shift and have asked for a change in schedule to attend a caregiver’s meeting one night a week and also be home an additional night. I will have to take the time out of my sick leave or vacation bank, which will be depleted soon. I want to know if I have the right to insist on this change of schedule as an accommodation under the FMLA? Also, if I take two nights a week off, can the City change my status to part-time employee? (6) If I eat lunch in the office, is there any reason that I can’t close the door or not answer the phone? it's my time and I am not at work. (7) I am on the Association Board and have been in on some very tough negotiations. I heard management laughing and making fun of us, so I e-mailed a report to other members of our team and Board. The e-mail ended up in my supervisor’s hands. My review is in a couple of weeks and I am due a step raise. I want to know if he can use this e-mail I sent against me in my evaluation? (8) Can potential, future employers have access to my file or find out why I left if I sign a resignation agreement instead of getting terminated? (9) Does the city have to pay me “in lieu” payments while I am having chemotherapy treatments for the next six months and off the job? (10) I told my boss that I was doing more duties than are on my current job description. The City is now adding these duties to my current job description! Can they just do this?

QUESTIONS & ANSWERS # 164

1) My co-workers play a religious radio station very loudly all day at work. What can I do? 2) Regarding employee time sheets: if a change is made to an employee's time sheet without his knowledge, is the supervisor or payroll supposed to notify you? 3) Two years ago I was allowed to come to work late, 9 a.m. instead of 8 a.m., on Tuesday mornings. I have always made up that hour by skipping breaks and taking a ½ hour lunch. I was informed that I have to be at work at 8 “every single day.” Is this an un-negotiated change in work conditions?

QUESTIONS & ANSWERS # 165

1) I was called in for questioning about a “negative interaction” with a member of the public. We went through a two-hour questioning period several months ago. When will I find out the outcome? 2) Can I get in trouble for taking a nap at lunchtime? 3) We have a gentleman in our office who clearly is wearing women's clothing. This is a distraction. We’re afraid we’ll have a dress code imposed if we complain. What should we do? 4) I was in an accident on the job more than a year ago. The driver of the other car sued the City, but lost – so now he is suing me! My insurance company won’t handle this because the accident was on the job. What can I do? 5) Please advise if any restrictions apply to my supervisor’s right to access my computer without my knowledge. 6) I have an ongoing medical condition and need to see the doctor every few weeks, only for about ½ hour. I asked my supervisor to allow me to go to lunch half-an-hour early (at 11:30, rather than 12), so I don’t need to use my sick leave for the appointment. I use one hour for lunch; I just go a bit early. My previous supervisor had no problem with this, but my new supervisor won’t allow it. Don’t they have to accommodate me?

QUESTIONS & ANSWERS # 166

1) The City wants to make some changes to job descriptions for our clerical positions. Shouldn’t this be done as part of negotiations? (2) One of my co-workers was in a car accident while driving a city vehicle and was not found at fault. He is NOT a heavy vehicle driver and doesn’t carry any special license. The drug test came out negative, but he was sent for another drug test. Does he have to cooperate? (3) If the City’s Police Department calls me into work after-hours to resolve a problem, I am compensated for a minimum of two hours, even if the job and commuting took only 30 minutes.  But, if they call me at home and I spend half an hour talking the person on duty through a technical problem, my boss is saying I will only be paid for half an hour! Shouldn’t I receive the two hours’ minimum call out pay?

QUESTIONS & ANSWERS # 167

1) If an employee volunteers to take an training class that happens to occur on our Friday off, should she be paid? It’s not a required class, but it is recommended for our position. Everyone else in the job has taken the class, and been paid…2) When we start our MOU discussions next year, I think we should try to tie our Cost of Living Adjustments to an index because of the inflation factor. It looks as if the CPI is going down right now, rather than up. What indexes would you suggest that we use? 3) I got a DUI (Driving Under the Influence) on Saturday night. Do I have to tell the City about it? Will my license be restricted? I DO drive a truck on the job. 4) I work at the City’s firing range and must have my lead levels tested annually. The last time I went in for a test, they also made me take an alcohol and drug test. Is this legal?

QUESTIONS & ANSWERS # 168

(1) We were told all the guys at the Public Works Yard have to attend a special lunch meeting with the new Director from 12 to 1 p.m. We were told to bring our lunches with us. I think this should be considered paid time. Am I right? Don’t they have to provide us with a free lunch hour? (2) Our City’s Finance Director used employee timesheets from our department as an example at a training program. The sheet showed approximately 20 staff members’ names, social security numbers, salary, and accruals, including sick leave. He handed these out to at least a dozen people. I did not give the Director consent to share any of this information! I would like to know if there are any violations here. (3) The City has given us a new policy that says we are not allowed to use our cells outside of break time and lunch.  Can we be forbidden to use them, and actually disciplined if we do? What about family emergencies? (4) As a money saving measure, our Department is pushing everyone to take comp time instead of pay, when we work overtime. However, we are only allowed to “bank” 80 hours of comp time. What happens when I hit the cap? Do I just stop accruing, even though I’ve worked the time?

QUESTIONS & ANSWERS #169

1) I was in an argument with a vendor, and he hit me. Witnesses saw it wasn’t my fault. The City is going to try to discipline ME. What can I do? 2) I work at the Police Department in a special program. My boss says I have to go to City Council once every few months. This is not on my job description. Can he require me to do this? 3) My Manager says I must discipline a subordinate. I think the discipline is excessive and inappropriate. Can I get in trouble for refusing to do this? 4) I supervise an employee who appears to be disturbed. She loses her temper and has been known to scream and throw things. Her co-workers have expressed a LOT of concern about continuing to work with her. What can I do?

QUESTIONS & ANSWERS #170

(1) My Department is requiring me to get a special certificate from the State in order to keep the job. Can they just make this change without asking anyone? Can I request extra pay for carrying this certificate? What if I don’t pass the test… could my job be in jeopardy? (2) I'm a civilian Police Department employee, non-management.  I'd like to know whether I am entitled to an uninterrupted lunchtime.  I work a 9-80 schedule.  Am I entitled to a one-hour lunch and two 15-minute breaks?  (3) A man has come to our public counter and has used his cell phone to record conversations and video staff. Is this something that is permissible, or do we have the right to tell him to stop this? The man was issued a citation by Code Enforcement and is not a happy camper. (4) I have been on a jury for three weeks, and will start my 4th week on Monday. The City just sent me a notice saying that I have to use 40 hours of my own vacation time to cover the last week for the time which ran past the 10 days provided in my MOU. Is this legal? Do I have grounds for a grievance?

QUESTIONS & ANSWERS #171

(1) My co-worker and I were in a city car that broke down. We called to have the car towed, but our boss said there was no budget. He told us to push the car down the street. Can I be forced to do such a thing. (2) Our department offers light duty to some people when they’re hurt, but not to others, like me. What can we do about this discrimination? (3) Can management tell me that I can’t take vacation unless I find my own replacement? (4) If a member of the public wants to know who works for the city and what they earn, does the city have to provide this? (5) We have a member going out on maternity leave. Her boss asked her when she was coming back. She talked to him, but really didn't answer his question. What would be a good reply?

QUESTIONS & ANSWERS #172

(1) What happens if a person cannot pass an HAZMAT exam; (2) Our City runs a summer job-training program for youth in the community. The guidelines for the program changed so relatives of City employees are not eligible. Is there anything we can do about this? (3) I hurt myself at work and have filed a workers’ compensation claim. The City hasn’t accepted it yet. I’ll be off the job for the next month and they are using up my sick leave! Do I have the right to tell them to stop? I would rather be unpaid until they accept the claim. (4)

QUESTIONS & ANSWERS #173

(1) Can the City change our Family Medical leave policy, or the forms we use to request to go on FMLA time, without bargaining? (2) The City has bought some new mowing equipment and is requiring me to learn to use it. At the same time, they’re giving some of my duties to co-workers in a lower job class. Can they do this? (3) Can someone be denied bereavement time because “the bills need to go out.” My co-worker and I will be taking bereavement leave at the same time. The third person in our office retired more than six months ago, but the City has not filled the position. (4) A few people in our city have been offered PERS “Golden Handshakes” but most have not. Is this legal?

QUESTIONS & ANSWERS #174

(1) Our former supervisors have become co-workers and our new supervisors are Police Officers. They have never performed our jobs and don’t have the same POST certification. How are they going to be able to evaluate us? (2) I was called out in the middle of the night to work on a water main. When I got there, I was told that the problem was fixed. I’m told that I won’t be paid for that “call-out.” Is this legal? (3) My supervisor is going on an extended leave. I want to know if I can be forced to do her job while she’s gone. (4) We got a memo saying employees are no longer able to use the city’s phones or e-mail for personal communications. Can they just do this?

QUESTIONS & ANSWERS #175

(1) Does management have the right to change our lunchtime from a half hour to one hour, and lengthen the workday? (2) I’ve been working for the City for 28 years and am an exemplary employee. This year, however, I was sick several times and used up all of my 12 days of sick leave. I’m in “warning status” for sick leave abuse and must bring in a doctor’s note for any day that I’m ill. I think this is ridiculous, if not illegal. What should I do? (3) I am off the job with a back injury that happened at work, and I am about to have surgery. My City is looking at layoffs and I am “low man” on the seniority list. I know that I can be laid off, but I won’t be able to work for months! What will I do for income? (4) Our MOU states that we are not to take breaks at the beginning or end of either half of our work day. If an employee comes in at 8:25 a.m. and takes a break at 9:00-9:15, does this go against our MOU?

QUESTIONS & ANSWERS #176

(1) I go to physical therapy on Fridays for a work-related injury. My regular schedule is Monday thru Friday. Is it legal for the City to change my work schedule so that I work on Saturdays and have to attend physical therapy my day off, which is now Friday. I don’t live anywhere near the doctor that they are sending me to. (2) I was in a car accident on the job in a city car. The other driver was at fault and I was injured. Should I be suing the other party or will the City be doing it for me? (3) My work day ended at 4:00 p.m. I want to know if I will be paid overtime. I was in a car accident on the job. The city wanted me to go to the doctor immediately after the accident. It’s now 5:30 p.m., and I have been waiting for two hours to see a doctor.

(4) I’m on our Association Board. I told an employee on probation there was nothing we could do about her termination. I understand she is suing the City and has threatened to sue our Association! Was I wrong in this advice?

QUESTIONS & ANSWERS #177

(1) I’ve got a hearing loss problem, most likely caused by job, and I am about to retire. I’ve never filed a workers’ compensation claim, and I wonder if I should now. Should I take a disability retirement instead of a service retirement? (2) My boss is requiring all subordinates to submit a daily activity sheet giving minute to minute reports of what we have done. In order to avoid accusations that he is discriminatory, he’s making ALL of us, including clerical staff, fill out these ridiculous reports. Is there anything we can do? (3) Someone stole some tools from our tool bin at work. Management forced us all to open our toolboxes for a search. When nothing was found, they made us all open the trunks of our cars. Is this legal? (4) We are short-staffed and our secretary’s position is vacant. I am an account clerk and my boss is giving me most of her duties. It’s a higher-paid job, but I’ve never been offered any higher pay. Further, I don’t want to do it! Do I have the right to refuse?

QUESTIONS & ANSWERS #178

1) I was out with a work-related injury for 10 months and have just discovered that I did not receive service credit on my PERS account during this time. What can I do about this? (2) Can the City take over $800 out of my next paycheck to cover my medical plan’s “full family contribution”? They failed to deduct my share for over four months after a recent addition to the plan. (3) After I signed the “Satisfactory” performance review from my supervisor, the Department Head changed it to “Needs Improvement”. Can they change the review once it’s signed? Can I appeal? paper. What can do? Can I refuse to run these errands?

QUESTIONS & ANSWERS #179

(1) I am on administrative leave because I tested positive for marijuana after having a minor accident on work time. I don’t drive a truck for the city. Do I need an attorney or does the association represent me? Will they fire me? (2) I am leaving the city for another job and I’m worried that the city is going to try to take furlough days, which I haven’t used, out of my final paycheck. Can they do this? (3) I work in the Water Department. Because we are short-staffed, it looks as if I will have to go underground tomorrow. I don’t think I’ve been properly trained for this work, and I don’t think the city has the right safety equipment. What should I do? (4) My director humiliates staff in front of others, sometimes co-workers, sometimes members of the public. HR has done nothing about it. What can we do? It is bordering on harassment. (5) I have a new supervisor who won’t let me work the schedule I’ve been working because of a medical condition which leaves me nauseous in the mornings. Do I have the right to refuse or appeal?

QUESTIONS AND ANSWERS # 180

(1) Doe the City have the right to interrupt my lunch time to have me take a DOT substance test? (2) Can my boss go to my desk when I am not in the office, go through my files, and remove files from my desk? (3) Can I count on my Floating Holiday Cash Out Time as part of my last year’s salary for retirement. (4) I was feeling nauseous and dizzy at work and had pain in my left arm. I made an appointment to see my doctor at 6 p.m. I live 65 miles from work. I told my supervisor I felt very sick and would need to leave early (at 4:30 instead of 5 p.m.) She said that once my work was completed I could go. I finally finished the job at 5:30 p.m. and missed my doctor’s appointment. Did she have the right to force me to stay? What should I do if this happens again? (5) Can the City give our dispatchers a raise, although no one else in our association has gotten a raise for two years!

QUESTIONS AND ANSWERS # 181

(1) I was in terrible pain in the middle of my bus driving shift and felt like I was going to pass out. When I got to the station, they called an ambulance for me. At the hospital they found that I had a burst appendix. This emergency was mishandled: I could have died or hurt someone. What can I do? (2) I’m our Association president. Our records clerk has approached me about a learning opportunity as a dispatcher in the Police Department. She would be able to promote when there’s an opening. The City wants us to agree that she isn’t due any additional money during this training period. She really wants to do this and is willing to take the job at her regular pay. Does the Association have any role? If we do, should we agree to it. (3) I was written up on my performance review for “using too many days for doctor’s appointments.” Several of my appointments were for treatment for a worker’s comp injury and for a chronic digestive problem that I’ve already told my supervisor about. Is there anything I can do about this? (4) Risk Management has decided they want us to wear hard hats. I want to know: can the employees be reprimanded if they fail to follow this directive?

QUESTIONS AND ANSWERS # 182

(1) I was promoted to a new job. Today is my last day at the old one. My supervisor came to me and asked that I forward all of my email from the last three years to her. Some of it is a bit personal. Do I have to comply? (2) One of our members asked if their manager can force them to come in on their 9/80 day or on the weekend. No one in our bargaining group receives overtime. (3) I used to be friendly with an employee who quit and is now suing the City. I’m going to be interviewed by the City about things she said to me while she was here. They have asked for personal communications, such as my PERSONAL email. Do I have to give this to them? (4) Some of our members were laid off, but may be rehired later. The City is trying to lower our retirement formula for “new hires.” If we agree to this, would the rehired employees have to come in under the lower formula?

QUESTIONS AND ANSWERS # 183

(1) Shouldn’t I be paid overtime if I am forced to work through lunch? (2) Does workers comp cover an injury that occurred in the vanpool? (3) Can a supervisor be required to be on standby without compensation? (4) Must I conceal my dyed purple hair at managements directive if the dress code does not mention it?

QUESTIONS AND ANSWERS # 184

(1) Should I be paid from the minute I leave my house if I am on standby? Would a car accident be covered by workers compensation? (2) I am an exempt employee so no overtime pay. We receive 10 days (or 80 hours) of administrative leave per year. They wont’ let me cash out some of this time. What good is this benefit if I’m never allowed to use it? Doesn’t the law say that they MUST allow me to cash it out? (3) Can positions be cut from our department without a meet and confer with the union? (4) Is there anything we can do to stop a reorganization of our Code Enforcement division being moved under the Police Department. (5) What can I do about an employee I supervise bypassing me and the department head and going directly to HR? (6) There is talk about reclassification of employee positions. Is that something that the City can do with no union involvement?

QUESTIONS AND ANSWERS # 185

(1) Can a Supervisor choose to pay for overtime in the form of pay rather than comp time? (2) A subordinate claims she is allergic to the foods we bring in to share (birthdays, potlucks, etc.). When I tell her not to eat it, she says she feels “excluded” and she claims discrimination. Is this discrimination? (3) Does the City have to hold up a promotional exam for an employee who is on military duty. (4) I’m going off the job for 2 weeks for a medical procedure. I want to know if the City can force me to use the FMLA.

QUESTIONS AND ANSWERS # 186

(1) Should I file a workers compensation claim for my varicose veins? (2) Can I be called at home on a sick day and told to go take a urinalysis test? (3) After a fitness for duty exam the City doctor has asked if he can contact MY doctor, to look at my records. Do I need to cooperate with this? (4) I’m an exempt supervisor in the Water Department. I’ve been told that I must do standby duty and call-out, like my subordinates. I may work many hours without any extra pay! Can I do anything about this?

QUESTIONS AND ANSWERS # 187

(1) How should I handle the question “Have you ever stolen anything on the job?” (2) What is the relationship between CalPERS Health & CalPERS Retirement? (3) Since I am the only person who knows Spanish and how to run the whole office, the City is denying me my vacation time. What can I do about this? (4) I am going to be transferred out of my job because another employee, who is so overweight he cannot climb a ladder, can move into it! Don’t I have any rights here? (5) What can we do about a co-worker who falls asleep and snores so loudly that it is annoying? If she is laid off, she would be able to bump one of us.

QUESTIONS AND ANSWERS # 188

(1) There used to be four full-time staff. Now there are two full-timers and one part-timer. All the work is falling on me. (2) I am off the job on FMLA, but my office is calling me almost every day with questions. Is this legal? Shouldn’t I be paid for this time? (3) I am off the job due to an injury from a car accident, not work-related. I have been denied disability pay because the City reported that I am a 38-hour employee – which the insurance company considers part-time! My hours are being cut, involuntarily, due to furloughs! (4) I have been taking high-dosage ibuprofen for pain. My boss told me not to drive the truck, but assigned me to use another piece of equipment that I’m not really familiar with. Should I go ahead and do this?

QUESTIONS AND ANSWERS # 189

(1) The city gave me a letter of warning about my apparent sick leave abuse, but I brought in a doctor’s slip every time I was off. Can’t I use sick leave to care for family members? (2) I am friends with one of the vendors at work and recently borrowed some money from him. Can I be fired for this? (3) If an employee has a chronic illness and fills out the proper forms to be protected by the FMLA, can the city deny the request? (4) Can the city can require us to see their doctor for the medical checkup related to our commercial driver’s license renewals?

QUESTIONS AND ANSWERS # 190

(1) A co-worker is keeping track of how long I spend at jobs and when I’m on break. What can I do about this? (2) I’m a considered a Confidential employee, but I don’t do any “confidential” work. I would like to be in the employees association. Is there a way I accomplish this? (3) I’m a planner and am required to attend the next Council meeting to answer questions about one of our projects. The last time I did this, one of the Councilmen was accusatory and insulting to me. Do I have a right to bring one of my Association staff with me to the meeting? (4) Our Manager said that from now on we will have to pay our entire 8% PERS payment. Don’t they have to negotiate that? (5) I’m a Maintenance Supervisor and I found out one of my employees has been working here for 15 years under a false identity and social security number. Is there a legal requirement that we terminate him or take some other action?

QUESTIONS AND ANSWERS # 191

(1) Does retiring interfere with receiving unemployment insurance? (2) I need to take time off to take my son to the doctor. Does my supervisor have the right to tell me that I can’t use vacation time and that I must use sick leave? (3) Is CEA, or our Association, doing anything about Governor Brown’s attempt on changing our retirement plan? (4) If there is an open position, is the city required to post the opening or can it be filled without anyone's knowledge? If it’s a promotional job, don’t they have to “hire from within?” (5) The City says they’ve been overpaying me (I didn’t know this.) I refused to use the payment schedule they wanted, so they garnished my check. Can they do this? (6) Can I get my old shift back after I return from surgery?

QUESTIONS AND ANSWERS # 192

(1) I have an FMLA letter on file with the city for recent surgery and chemotherapy treatments I am receiving. A few days ago I told my boss I was feeling sick and needed to go home. She agreed, but was obviously annoyed. When I came back to work there was a letter from Human Resources saying I am being sent to a doctor to determine my ability to work! Can they do this? (2) When I received this year’s review, my supervisor tried to go back and criticize me for something that happened nearly three years ago! Can they do this? (3) My supervisor put a memo in my file about tardiness. How long does that memo stay in my file? (4) I was in my own car, driving from one City office to another, when some debris flew off a truck and did about $600 damage to my car. The City is refusing to pay for this. Don’t they have to? (5) My job is being eliminated and I am being bumped to a much lower-paying position. I want to know if I have a right to be paid off for my vacation. I’ve got more than 500 hours and I am worried that the City will want to value it at the lower rate.

QUESTIONS AND ANSWERS #193

(1) Our Department requires us to attend mandatory training. What about those of us who work graveyard shift. If we are scheduled to work the night before training, but we must take some time off to sleep, since the classes start early in the morning, the department forces us to burn our own leave time. Shouldn’t the department be allowing us some time off the night before? (2) Am I required to show the address of a Jury Summons to my immediate boss? (3) I’m an exempt employee and don’t collect overtime. The City has always paid me “straight time” for my hours over 40 in a week. They now say this practice is going to be discontinued: no pay at all any more for work over 40 hours. Can they just DO this? (4) My work station is near my supervisor. I was on a break and I made a 10-minute call to the bank about an error in my account. In the past, employees have always had the ability to use their phones on breaks. I do understand that I’m required to tell him I’m taking a break. But am I required to tell him who I’m talking to and what it concerns?

QUESTIONS AND ANSWERS #194

(1) One of our members, who works in the jail, is being sued by an inmate who says he was mistreated. I’m on our Association’s Board of Directors and need to understand our role. (2) At the first meeting of the bargaining team and our City, the City made us sign an agreement that we will not share any information about what is happening in these negotiations. I objected, but was overruled. Did we have to agree to this? (3) Our Association’s Board seems to be meeting with the City over contract negotiations but they rarely tell us (the members) what is going on. Shouldn’t they be reporting to us on a regular basis? Can they make agreements with the City without going to the members? (4) Last year the City “imposed” its last, best offer at the end of negotiations. We are bargaining again now, and I would like to know if this can happen again. The City cannot impose a contract for longer than a year; is this true? (5) I hurt myself on the job a year ago and because I’ve been limping around, my other leg and foot began to hurt. The doctor has had to modify my work assignments. I might have to have surgery. Will this be covered by workers comp?

QUESTIONS AND ANSWERS #195

(1) I’m rejecting a promotion because I heard I will lose the health plan under my new MOU! Should I do that? (2) Can the city legally offer a retirement incentive only to select groups of employees? (3) The City has taken care of my skin cancer under workers’ compensation, but now they won’t. (4) I need to go to physical therapy twice a week due a back injury that happened at work. Do I have to go on my days off or after work? (5) I need a hearing aid because my hearing loss is affecting my job. Do I have a right to ask the City for assistance? (6) Since the City is talking about layoffs doesn't this new law (AB646) present the opportunity to declare impasse in our contract negotiations? (7)Can I say no to training a new hire? (8) Our city is going through layoffs and we seem to have conflicting procedures. Shouldn’t I have bumping rights? (9) How long after an event at the office can a person be reprimanded – especially when they weren’t even involved?

QUESTIONS AND ANSWERS #196

(1) My supervisor doesn’t appreciate my hard work and gives low reviews. What should I do? (2) I am a part-time employee. Am I covered by the Family Medical Leave Act? (3) A co-worker told me about a serious medical problem. I am now being reprimanded by the City for telling someone else. Is this an actual violation? (4) Can my supervisor require me to provide him with information about how much leave I have on the books? (5) Do I have to answer when my supervisor asks me why I’m going to so many medical appointments? (6) If Management has the “absolute right” to carry out layoffs, what good does it do for our Association Board to meet with them about this? (7) Our manager told a woman who was inappropriately dressed to go home and change. She left and didn’t come back. Now what happens? (8) When I told my supervisor the step was broken on one of our big trucks, he said “Why should I fix it; you guys will only break it again.” What should I do? (9) Can the City make Sunday work mandatory?

QUESTIONS AND ANSWERS #197

(1) The city overpaid me $50,000 and they want the money back. Do I have to agree to this? (2) Does everyone have to be given the same notice when the City announces layoffs? (3) Does my management have the right to know the reason for my 30-day leave of absence? (4) What exactly is the employer’s “burden of proof” in a discipline case? (5) Can I be told that I must wear only navy, black or grey colored pants or skirt? (6) Do at-will employees have any rights? Are they covered by our employees’ association?

(7) Could I have an harassment claim if I start holding my staff more accountable?

QUESTIONS AND ANSWERS #198

(1) Can I see the file my boss keeps on me? It’s different from the HR file. (2) The City changed the requirements for my job based on a really old job description and not the one I was hired under. Is this legal? (3) I have 15 years in my current job. What will happen to all the retirement time I’ve put into the system at THIS job when I get a different job with another city? (4) I am the last remaining full-time employee in my office. When the part-timers and temps make errors, I get blamed because I had to train them. Is there anything I can do about this situation? (5) Recently I was in the car with my boss on the way to an off-site meeting and he began staring at me and definitely touching his “privates.” I need to know what to do. (6) I keep a knife in my drawer to cut fruit; my boss said to take it home. Can they force me to do this?

QUESTIONS AND ANSWERS #199

(1) Is it legal to move an employee who works a 4/10 week Monday-Thursday to a 5/8 Wednesday-Sunday? (2) Can the City write a job description for a new class so that a specific individual meets those requirements? (3) Our City closes down on furloughs during Christmas and New Year’s and employees are required to use their own vacation or comp time in order to be paid. Some of us were told we must continue to be “on call” during this furlough period to deal with water department emergencies and they expect us to do it for free. Is this legal? (4): I was called in for questioning that was very formal and tape-recorded. I have received no information at all. How long should I wait for management to get back to me? (5) If we disagree with a policy, are we still required to sign it? (6) Can your supervisor force you to take time off, so you use up your comp time on the books? (7) I put in for three hours of medical leave and my supervisor asked what it was for. I don’t want to tell her that I’m being treated for depression. Do you have any suggestions for another explanation? (8) Does the City HAVE TO provide health benefits for retirees under the PERS medical system. Is this true?

QUESTIONS AND ANSWERS #200

(1) Can my boss make me bank any hours over 40 in a week, then not pay me for overtime? (2) If an employee goes out on CALPERS disability retirement, what happens to his sick leave and vacation time? (3) A member was seen after work at a restaurant by the City Manager. The department got an e-mail saying “Do not go anywhere after work with your uniform on, or any item of clothing with a city emblem.” Can the City enforce such a policy? (4) I was called out in the middle of the night to work on a water main problem, then I was told that the problem was fixed. They say I won’t be paid for that “call-out.” Is this legal? (5) My supervisor is going on an extended leave, and I think they are going to force me to do her job. I don’t want the extra pay. Her job is awful.

QUESTIONS AND ANSWERS #201

(1) The City just hired a completely untrained, unqualified guy (the son of a friend of the City Manager) to function as our lead man. I have to train him. Can I be forced to do this? (2) Is there a maximum amount of time a member should be forced to wait for a review before he gets a raise? (3) I have a chronic medical condition and need to use several weeks of time, intermittently, this year. My manager bothers me about this all the time and denied me a week’s vacation “because you are already losing too much time on the job.” I want to know if this is considered discrimination or retaliation. I DO have the time on the books. (3) My son works for a small company that has no sick leave policy. He has been off the job due to a car accident and is worried about being fired because of the time lost at work. Could this happen? (4) My recent evaluation includes an untrue statement saying that I had a “mutually heated interaction” with a co-worker. Is there anything I can do about these comments?

QUESTIONS AND ANSWERS #202

(1) Our staff in the Parks has always been able to wear shorts. Today the City says after September they can’t. Can they do that? (2) Does FMLA leave apply to probationary employees? (3) This year the City Manager is making attendance mandatory at the holiday luncheon, and they are telling us that if we don’t attend, we must use an hour of vacation time. Can they do this? (4) The City Council voted to implement a hiring freeze based on our “fiscal crisis” without mentioning whether the freeze was temporary or what conditions would allow it to be lifted. What about the vacant positions? Isn’t the City required to meet with us to discuss impact on our working conditions as a result of these vacancies. (5) I have been terminated and I am awaiting an appeal hearing. I want to know if I can collect unemployment. (6) Can members of our Association supervise one another?

QUESTIONS AND ANSWERS #203

(1) There was a mix-up and I left work early to pick up my sick child and so did my wife. I didn’t go back to work and went to the gym. Since the City owns the gym, my supervisor was waiting for me, saying that he was going to “write me up” for abusing sick leave. Can he do this? (2) I was home with my sick child, but continued to work on a project. My supervisor told me that this was illegal. I am not asking to be paid for the day, only to use sick leave. (3) Our new city manager would like to change people’s schedules to avoid overtime. Can he do that? 4) I would like to know what is the difference, legally, between full-time and part-time employees. (5) Can they add the expectation to cover for the receptionist to my job assignment without asking me first? Can they refuse a time off request because I am expected to cover someone else’s lunch hour? (6) Are letters to political representatives private or are they something the representative is allowed to share? (7) Can the City require an employee to use a City Lock on their locker?

QUESTIONS AND ANSWERS #204

1) How much notice should I get when my employer is forcing me to work overtime? Can they change my hours? (2) I am a Code Enforcement officer and have become the target of a "community activist" who believes that the City is out to hurt her. On my own, I secured a restraining order. My Department Head asked me to sign a document, saying that my dispute with the resident was a “personal matter” and did not involve the City. I signed it. None of this has stopped this lady, and I’m wondering if I should have signed that document relieving the City of responsibility. (3) Is there a minimum amount of driving I have to be doing in order to qualify for reimbursement from the City? (4) Is it legal for the City to put one person in an Acting position, and then promote that person to the job, based primarily on this work experience. This doesn’t seem fair when there are other employees, with more seniority or education, who might be interested in the job.

QUESTIONS AND ANSWERS #205

(1) Can the City change someone to day-shift assignment after several years on the night shift. (2) Is there a limit to the number of pages I may have in a response to a performance evaluation? (3) What advice do you have for a president of an association who has to deal with a City Council that frequently becomes involved in employee issues? (4) Can I be disciplined or have my pay withheld for not getting a certain kind of certificate that is not in my job description? (5) I suffered a back injury at work 14 years ago, and I have been at a desk job ever since. My new department head might expect me to put in time at the counter. Is there anything I should do, in advance, about this? (6) Can I cash out my comp time in the MIDDLE of the year? (7) I need to know whether I should take a Disability Retirement or an Age/Service retirement.

QUESTIONS AND ANSWERS #206

(1) I’ve got FMLA letters on file for two different family members. Am I now eligible for TWO FMLA periods of 12 weeks, each? (2) I am a supervisor with an employee who refuses to cooperate with direction. They have told her that she can report to a different supervisor, and they are making ME go to supervisors’ training classes, and have taken away all my subordinates until I have finished these classes. Is this legal? (3) What are my options if I do not want to attend an all-day study session, which is going to take place on a Saturday? (4) What is our Association’s responsibility towards a member that is out on leave, either paid or unpaid?

QUESTIONS AND ANSWERS #207

(1)The City is insisting I provide the name of my child’s doctor or they will not grant me time off under FMLA. (2) I am in the IT department and am frequently called at night with problems. I have asked for standby pay and been denied because the city says I don’t have to answer the phone and won’t be disciplined for failing to respond. Can I just ignore their calls? (3) I was falsely accused of bothering a child in one of the city parks and fired and reinstated. This experience has damaged my reputation. I believe I should take some sort of action against the City. (4) Our management has the habit of calling the Board President and a few other Board members into “meetings” to tell us about changes in city practices. They don’t call these “bargaining” meetings, but when we object later on to the changes they say that we “already had our opportunity to negotiate.” Can you tell me, what subjects are negotiable and what constitutes an official meet and confer session? (5) I work in a 24-hour operation (a Police Department) and would like to take a holiday off once in a while. The city says we must schedule an entire week of vacation, if we want to take a holiday off. (6) Can we have any say in what testing company the City uses for our random drug testing? (7) I overheard a co-worker say to a customer standing at the counter, “If you have a gun and want to come here, please call me first, so I can get out of the building." I reported this to HR. What should happen next? (8) I have a lot of accrued comp time and vacation, and the City wants me to use it up before retiring rather than being paid off. Can they require this?

QUESTIONS AND ANSWERS #208

(1) I want to know how long an acting assignment can last. Do I (or my Association) have any right to ask about this? (2) What should I do to go about claiming back overtime pay? I worked overtime almost every week for the last several years. (3) I’m a code enforcement officer and I am going to start performing parking enforcement duties in addition to my current job. Can they MAKE ME do this, and if so, shouldn’t I be paid more? How I can manage to perform two full-time jobs! My department has a strict “no overtime” policy. What should I do? How do I protect myself against criticism if I can’t keep up with the workload? (4) Can the City cut my benefits in half if I go from 40 hours to 32 hours per week? Isn’t that still full time?

QUESTIONS AND ANSWERS #209

(1) What benefits are protected when on FMLA? (2) On my performance review, I was told that my work efficiency has decreased and this has been noticed by others. I was not aware of this and nothing has ever been said to me. What is the standard practice with this? (3) I do not have much vacation time accrued. Is it true that I can only take a vacation time when I have time on the books? (4) What are the legal guidelines for paying employees on time? If this results in “NSF” fees for employees, is the city responsible? (5) I've been here for about five years now, have a great track record, but I have been passed over for promotions three times. I am a black male, and most of my co-workers are Hispanic – as is my boss. I believe I am suffering from racial discrimination. What can I do? (6) Is it legally permissible for a Manager to require me to provide him/her with a doctor’s note anytime I request time off to see a doctor? I have not been formally placed on any “sick leave verification” status.

QUESTIONS AND ANSWERS # 210

(1). Can the City just change the requirement of a job to include a college degree? Will my work experience substitute for the degree? (2) I have been recuperating from a serious, work-related injury. The City says the job has changed so that I must re-test to prove that I am eligible to do my own job! Is this legal? (3) My department has sent me a notice saying that I must get a certificate for handling certain hazardous materials. They say that it’s a state requirement and “non-negotiable.” Can they just do this? (4). Our new contract provides for a 3% raise in January, but the cost of our health care plan is going up 3.8%! Doesn’t this just mean one more year of making less than the year before?

QUESTIONS AND ANSWERS # 211

(1) Is it okay for the city and/or CalPERS to ask us to provide our income tax filing to prove dependency?  (2) Our supervisor is telling us that we MUST answer the phone if called and MUST be available to come to work. Is this legal? (3) Previously, overtime was rotated, on the basis of seniority. Does a supervisor have the right to change that? (4) Is FMLA just for sick family or non-work injuries? (5) After my doctor appointment I was feeling pretty sick and went home. I did call in to say that I would be going home. My boss is recording this absence (between 2:30 and 5:30) as “unexcused absence.” Is this appropriate?

QUESTIONS AND ANSWERS # 212

(1) My supervisor is in the process of leaving the City. I am his assistant. Does this pose any threat to my continued employment. (2) Isn’t the city required to give notice when they are not allowing employees to accrue vacation any longer? (3) Can an employee apply for FMLA when he returns to work? (4) Does the city have to pay me if I was subpoenaed at work to testify in a lawsuit filed by a co-worker against the City. (5) If an employee is coughing or sneezing, but is feeling fine otherwise, can a supervisor direct him to go home and take sick leave – even if he doesn’t want to?

QUESTIONS AND ANSWERS # 213

(1) If I am at home taking care of my fiancé, who is seriously ill, and my employer calls me to come in to work, do I have the right to refuse? (2) I’ve been told that I do not have to answer the phone if my department is trying to get me to come to work on my days off. Is this true? What if they come to my door to get me? (3) My co-workers and I have been told that we MUST answer the phone, and come to work if the City calls. We’ve asked for Standby Pay and been denied. Is there anything we can do? (4) I have received a 30-day “Notice of Intent to Suspend” because my driver’s license is suspended as a result of a DUI arrest. I want to know if I can use either vacation time or holiday banked hours for the suspension period. (5) Even though I have an FMLA letter on file with the City about my need to help my wife, who has just had surgery, my management keeps calling me to come to work when I must be home or at the doctor with her. What can I do about this?

QUESTIONS AND ANSWERS # 214

(1) I am being promoted. Do I have to report the misdemeanor that was expunged from my record? (2) How much authority does a lead man have? (3) Can the City require me to take a drug test as part of my return-to-work physical after being off for a month? (4) Do I have the right to ask the City makes sure that my co-worker is not now contagious since he once had tuberculosis? (5) I want to know whether I’m required to take vacation time, or can I use sick leave, if my return to work was delayed because of bad weather. (6) I was videotaped at work and now it is being televised. There are some divisive issues here and I don’t want to be seen as taking sides. Do I have any rights? (7) Shouldn’t the City have defended me (paid for my defense) when I was falsely accused of doing something criminal on job? I was found completely innocent. (8) The City is moving clerical employees around all over City Hall. My co-worker has been assigned to a job that is normally much higher in pay. Shouldn’t she at least receive Acting Pay? She’s still on probation. (9) According to my job description, I’m supposed to pass a test and get a certificate for water distribution. I haven’t passed the test. My supervisor knows this, but gave me a step increase anyway. Before I actually received the raise, our department head said I would not receive it because I hadn’t passed the test. I want to know if this is legal. (10) I've heard that probationary employees can't join the association. Is this true?

QUESTIONS AND ANSWERS # 215

(1) Can my supervisor round up/down the time we clock in to avoid paying overtime? (2) If government employees have a “vested right” in their retirement benefits, protected by the constitution, why are there ballot initiatives to change their retirement plans? (3) What can the City do if I call in sick, but then they see me out shopping? (4) Can I be required to move heavy boxes when my position has never required it and heavy lifting is not included in my job description? (5) Can an employer require prior approval for outside employment? (6) Can I dispute my supervisor’s denial of my vacation request?

QUESTIONS AND ANSWERS # 216

(1) I work 12-hour shifts and want to know if my management has the right to compel me to work another four hours at the end of my shift. (2) Dispatchers have been allowed to trade shifts with other dispatchers in our Police Department. What can we do about the change that if a dispatcher calls in sick on the day they’re supposed to work a trade (someone else’s regular day) they are punished by not being allowed to do trade days for the next 90 days. (3) I have a maternity leave question. My first day off of work was May 7th. The doctor deemed me disabled and unable to continue working due to signs of early labor. Baby was born on October 17th via C-section. My question is, do I now have the full 12 weeks of "bonding" time utilizing CFRA beginning after the 8 weeks of PDL/FMLA for cesarean birth? (4) Can we use our work e-mail addresses to send and receive correspondence from the Employees Association? (5) Shouldn’t we be paid for a mandatory hour to hour and a half lunch meeting once a month. (6) I am being continually asked to perform free computer work for managers in our city, during both work and non-work hours. I am also asked to go to council members homes to perform computer work. 90% of the time, this work has absolutely nothing to do with city business. What can I do?

QUESTIONS AND ANSWERS # 217

(1) I have a chronic medical condition and I have just been assigned to work around chemicals that can trigger an attack. What should I do? (2) Can I be fired for taking a week off to go to detox? (3) Human Resources is monitoring my e-mail.  Is there anything I should be concerned about? (4) I was threatened by a resident who said “If you ever come on my property again, I’ll kill you.” I reported it, and now I am being sent to the same house and being threatened with discipline if I refuse to go there.  What should I do? (5) Nearly a year ago, I was forced to go to an interrogation and answer questions about some of my actions on the job.  Now I have been told I must sign a letter of discipline.  I don’t agree with it. Can I be forced to sign this letter? (6)   In my previous job I worked from 7:30 to 5:00, with a full hour of lunch time.  I never took any breaks.  Now I’m in a different department where we take two 15-minute breaks and only a ½ hour lunch.  My start time now is 8 and I leave at 5.  I want to know if I might be due some money from when I was in the previous position. (7) I have been on Jury Duty for more than a week and I am concerned about some important reports to the State that may not be completed. What should I do? (8) I had an argument with a neighbor over the weekend and the Police were called. When I came into work this morning, I was told that an incident report was being put into my personnel file. Can they do this?

QUESTIONS AND ANSWERS # 218

(1) I am the ONLY non-Spanish speaking person on our crew. My co-workers talk about me in Spanish behind my back. What can I do? (2) I am back at work after having a huge fight with my boss and being out for three weeks. They have taken ALL of my sick leave and some of my vacation. I was told that it was covered by the FMLA. (3) I work for a police department, wear a uniform, and drive a police car but am not paid for my lunch. I am bothered all the time during lunch by calls from my department or by residents who want help with problems. How can I truly be “relieved of all duty”? Since my worksite is considered the whole city, I would like to know if I am allowed to leave the city for lunch. (4) Does the City still pay their portion of health insurance when an employee goes on long-term disability? (5) I recently accepted a voluntary demotion. How will this affect my future retirement benefit. (6) I have one tattoo on my arm, but it is not visible when I wear even a short sleeve shirt.  I was told I could not get another one because the City has a policy against “visible tattoos.” Why would a tattoo on my arm be objectionable when other employees have them in equally visible locations?

QUESTIONS AND ANSWERS # 219

(1) The City wants to change my FLSA status to exempt. The other Assistant Engineers in other public agencies are non-exempt. Is it legal for the City to do this? (2) Our new supervisor calls employees at home if they call in sick because he’s “concerned.” Can he do this? (3) I was wondering if the Family Medical Leave law covers my mother-in-law. (4) Our supervisor has stated that the Department wants us to wear slacks or suits. No jeans any longer. Is there something our Board can do to oppose this? (5) I always thought that employers are supposed to allow time off to vote. Can you please clarify for me? (6) One of our members has been working out of class for years, and there is a huge pay gap between her job and the job she has been performing. Do you have any suggestions for steps she can take? (7) Can they change my hours while I’m on medical leave? (8) I am being told that I can’t apply for a position (graffiti abatement) because I don’t speak Spanish. Is this legal? (9) Last Friday I turned in a doctor’s slip for three days off starting next week. I’m having ear surgery. Yesterday, my supervisor told me I need to reschedule the leave, because it is an elective procedure, for later in the month in order to cover another employee’s vacation time. My surgery is all set. Can they make me reschedule the operation?

QUESTIONS AND ANSWERS # 220

(1) My supervisor keeps a grease board on his wall with a list of his “problem” employees. What can we do about this? (2) In our District some people who work holidays get double time, but my group only gets time-and-a-half. Is this legal? (3) I work in a small division. Last year, one of my co-workers quit and the other retired. So, I was on call 7/24 for 5 months straight! Is there any law that puts limits on how many days in a row you can work? (4) I’m a financial analyst. There are also analysts in HR, in Water, and in the legal department. They all are at the same pay range, which is about $500 a month more than mine. Do I have the right to insist on pay equity? (5) I’m on our union board and would like to know whether we have the right to use the City’s e-mail system for conducting certain business such as announcing a meeting or helping a co-worker with a grievance. (6) I am requesting to utilize my full 12 weeks of PDLA/FMLA, and full 12 weeks of CFRA for maternity leave and to "bond" with the baby.  Can you give me an explanation of how these laws work together?

QUESTIONS AND ANSWERS #221

(1) I was on jury duty last week and was called in to work overtime on two evenings. When I received my paycheck, it didn’t include the overtime pay. Is this legal? (2) I retired last year, then found out that I have hepatitis C. I contracted this at work. Can I file a workers comp claim after I retire? (3) When I came back from a two-week medical leave I discovered people have been looking at my computer and reading my email. What can I do about this? (4) My supervisor is in the same union as me. How my union will be able to help me if I have a grievance against my supervisor. (5) I am an Associate Engineer. I sometimes assist other employees in lower job classes, but I’m not a supervisor. My Manager asked me to attend an evaluation training class and begin doing the performance evaluations for three other employees in the Department. I want to know if can they require me to do this.

QUESTIONS AND ANSWERS #222

(1) Our HR Department sent us all contracts saying that we are at-will employees. Should we sign them? (2) I was told that someone has submitted a Public Records Act request, asking for the names and salaries of all city employees. Is the City required to provide this? (3) I am a librarian and have been told that I “might be” called to work on weekends if one of the other librarians calls in sick. Is this legal? 4) If I am reclassified, doesn’t the City have to pay me more than my current pay? (5) Can you tell me if there is a law that controls how long someone can work in the course of a day? (6) I had to go to the doctor for a work injury. Do I get a half-hour of overtime pay because the appointment ran ½ hour over my work day?(7) The District is very happy with my work at the current plant, which is our most difficult one, but I have seniority and want to transfer out. Is there anything I can do about this? (8) Our board has been asked to sign an “Anti-Bullying Policy.” I think it is harsh and possibly targeted at one of our members. Is there anything we can do about this?

QUESTIONS AND ANSWERS #223

1) Can I be forced to work on a holiday? 2) Do any rules govern promotions where the MOU is silent? 3) I volunteered for a shift with a differential that I’ve been working for one year, can management change my schedule to not include that shift? 4) Exactly how far in advance of a desired day off must I request it for the City to have received proper advanced notice? 5) Can the City require me to postpone jury duty so I can work? 6) Can standby employees be required to work special planned events? 7) Can the City require me to take a physical and disclose information about my medications when I return to work after an injury or is this a HIPAA violation?

QUESTIONS AND ANSWERS #224

(1) I used to work in a position where I regularly testified in court. Now I don’t. I’m being asked to testify in court for an old case of mine. Should I be getting the higher pay of my old position for the time I’m testifying? (2) Does our Association have to represent a member threatened with termination when our board thinks they deserve the discipline? (3) Can my employer make me sign an agreement that my job is overtime exempt? (4) Can the City Manager forbid employees from speaking to Council while they’re on the clock? What about when they’re off the clock? (5) We have Association members who are performing department director duties on an interim basis. Are they still represented by the Association? Should they be paying dues? (6) I want to take time off for elective surgery. I don’t want to use my city’s disability plan but the HR Department is telling me I must use FMLA time and the disability plan. Is this true? (7) The City converted some employee parking spaces into visitor parking. Now many employees can’t park nearby. Is there anything we can do about this? (8) How come city employees don’t have the right to collect unemployment or disability pay? What happens if we get laid off or fired?

QUESTIONS AND ANSWERS #225

1 )Our employer gives us annual leave, but there is no separate leave bank for sick leave. I know there is a new law, about sick leave. Under this new law, do they now have to provide us with at least 3 days of sick leave? 2) During our recent labor management meeting, the City told us that they will be decreasing the reimbursement amount for people who use their cell phones on the job. This program is for employees who are required to take and receive City calls, emails, or texts when away from the worksite. I want to know whether the City is required to negotiate with us before it can implement this change? 3) I’m a jailer and was injured in an attack by an inmate. The city has accepted my workers compensation claim, of course; but I want to know if I can also sue the person who attacked me. 4) People who work in the police department are being told that they cannot eat at public places such as restaurants while in uniform. They are being told they can go through the drive-thru, but have to eat in their vehicles or back at the office. Is this legal? 5) I’m a maintenance worker II and I’m often called to work on weekends. I don’t mind because I need the overtime money. However, our new supervisor has started calling one of the temporary Laborers in to do weekend work instead of me. Is he allowed to do that? This is clearly intended to cut me out of the overtime.

QUESTIONS AND ANSWERS #226

1) I’ve been off the job for 7 months due to a work injury. I’m having physical therapy, and my doctor does think I’ll be able to return to work soon. My question is about the notice of an ADA (Americans with Disabilities Act) interactive meeting which the City has sent me. It sounds as if they are just checking on my situation, but I’m always a little worried. Do I need a representative? 2) The City has discovered some ugly mold in the walls of our building, and they have sent all of us to see their doctor. Of the 8 people who work here, it seems like most of us have respiratory problems. I have several questions: a) If they do find that this mold has caused our illnesses, would this be covered by workers compensation? Could we also sue the City over this? b) Do we have the right to see our OWN doctor? c) Shouldn’t our time off the job to see the doctor be paid time (they are telling us to use our own sick leave)? 3) In our department, we have a rule that if someone calls in sick, the person with the highest seniority on that shift gets first call on the extra (overtime) hours. But I have a supervisor who doesn’t like me and almost never calls me. I have the most seniority on this shift and am literally losing pay. What can I do about this?

QUESTIONS AND ANSWERS #227

1) I have a medical condition which requires that I go for treatment three times a week. I lose 6 hours of work every week, and by the end of each month, I’ve used my vacation and sick leave, and I am literally, losing pay. The City is telling me that they want to convert me to a part-time employee and that if I don’t agree to this they may terminate me. As a part-time employee I won’t have any job security or benefits. Can they do this to me? 2) I worked in an acting position for more than a year. Then, when the position was opened, one of my subordinates was hired to fill it! I went to our department head about this and he said it was because the other guy was older and has no small children at home. Isn’t this discrimination? I want to know what I can do about this. 3) City Hall has limited parking. The managers all get a spot and the rest of the employees have always (for at least 10 years) gotten spaces on the basis of seniority. Now the City wants to change this, and assign parking spaces by department. Does our Association have any say in this? 4) I was wondering if the City can require an employee to report to work on their Scheduled Day Off?

QUESTIONS AND ANSWERS #228

1) My co-worker wears a lot of perfume, and I have an allergic reaction. Sometimes I get so sick I cannot work. What should I do? If I have to go home, is this paid by Workers Compensation? 2) I am a Building Inspector and was told indirectly by my supervisor to “look the other way” at building code violations by a particular member of the public. Now the violations have resulted in problems and the City is being sued. Can I be sued personally? Would the City have to defend me? 3) I work days and I am thinking about taking a second job working evenings and weekends. Can the City stop me from doing this? 4) I use toxic chemicals on the job, and I just found out I’m pregnant. My doctor says I should stop using these chemicals until the baby is born, and my boss is saying I must either do my job or go home “sick” for the rest of the pregnancy. Can they do this? Don’t they have to give me modified duty?

QUESTIONS AND ANSWERS #229

1) Our Human Resources Director told us that in 2018 they can begin charging us 12% for our retirement contribution. Is this true? 2) My manager put out a directive saying that no one in our division may work more than 4 hours of overtime per week from now on. I’ve been putting in more than 10 hours a week for months, trying to catch up on our backlog of work. I’m worried now that I’ll be in trouble as the orders start to pile up again. Any suggestions? Also, it appears that other departments are not coming down with these same directives. Can management do this only to us? 3) There has been some discussion about my position being outsourced by the City. I have been in my current job for two years, but held another, lower position for 12 years. In the case of a layoff, would I lose my job or would I be able to bump? 4) Our boss just told everyone that “from now on, you must be prepared to answer the phone and respond to work seven days a week, any time of day.” Can they do this? He says it’s because public employees are first responders. 5) My wife and I are adopting a baby, and as the date approaches we are taking the birthmother to doctor’s appointments. I want to know if I am able to use sick time for these appointments.

QUESTIONS AND ANSWERS #230

1) The City has created a policy that states that an employee cannot be paid for Jury Duty during the “winter closure” between Christmas and the first week of January. Is this legal? I thought that the City was required to pay for Jury service whenever the courts are in session. 2) I was off the job for three months with a medical condition. I’m back now and doing fine, but my supervisor mentioned the absence in my performance review. He also wrote something about my “talking too much” about my illness to my co-workers. Are these comments legal? 3) I am a part-time employee, enrolled in the PERS system. I’m applying for part-time jobs in other cities and have come across statements that “applicants who are current CalPERS members may not apply.” Isn’t this discrimination? Is it legal? 4) I am on FMLA leave, and my employer is asking for the operative notes of my surgery. Am I required to disclose this information? Is this a violation of my privacy rights?

QUESTIONS AND ANSWERS #231

1) I’m on our Association’s Board and have been subpoenaed to respond to an employee lawsuit which partly involves our agreements at the bargaining table. I’m happy to testify but I know that Management won’t like my answers to certain questions and am worried about retaliation. I can’t afford to lose my job. What should I do? Also, they have subpoenaed my e-mail. Must I provide this? 2) I am about to get braces on my teeth and will be visiting the dentist at least every 4 weeks. Will I be able to use my accumulated sick time for this procedure? Do I have to get my supervisor’s approval? 3) Our department manager sometimes takes months before he presents employees with write-ups for events that took place months prior. Are there any limits on how long management can wait before presenting employees with write ups or disciplinary actions over past incidents? 4) I work in the Police Department, and I often work on holidays. The City gives us “floating holiday hours” to compensate for this, but they must be used up by the end of the calendar year. Our area is always short-staffed, so it is always difficult to take time off. We are often denied the opportunity to use our “floaters,” so the time is simply lost. Is there anything we can do about this?

QUESTIONS AND ANSWERS #233

1) I have an ongoing medical condition that is somewhat serious. Last year I used about 8 weeks of leave and I currently have only 24 hours of sick leave on the books. My supervisor just told me that if I “go into negative” on my sick leave, she will write me up. Is this legal? I do have an FMLA letter on file.

2) I would like to know if I can have a document expunged from my personnel file.  Two years ago I was given a written reprimand for “failure to follow departmental procedures. “ I disagreed, but was told I was not allowed to challenge this. Now I’m concerned that this letter could interfere with my promotional

opportunities. Is there a law enabling me to have this document removed?

3) I’m a city clerk and have been hearing on the news about city clerks in others states who are refusing to process licenses for gay marriages. I’m curious: Does an employee have the right to refuse to perform certain parts of her job because they are against her morals? 4) Our department is going through a reorganization which is going to have some negative effects on myself and my co-workers. Our supervisor met with us and told us that these changes were ‘non-negotiable.’ How do we know whether this is true?

QUESTIONS AND ANSWERS #234

1) what will happen with my claim when I am no longer working here and 2) could my workers comp claim interfere with my getting a Dispatch job in another community? 3) I am wondering whether it is legal for her to keep these notes & records , outside of our actual personnel files kept in the Human Resources Department. 4) Our Human Resources Department hired a consultant to conduct a salary survey, which is being used at the bargaining table to determine which job classes will receive pay increases. It’s clear to our negotiating team that the survey has a lot of errors. We are asking to see the information that the consultant is basing his figures on, but HR has refused to provide this. Don’t we have a right to see this data? Should we file a public information act request in order to get it?

QUESTIONS AND ANSWERS: THE RIGHT TO PRIVACY

(1) Can my supervisor monitor my e-mails and voice mail? (2) I was out on leave and my supervisor went through my desk and files? Can she do this? (3) Is my personnel file private? (4) I have a worker’s compensation claim and my H.R. Department has asked for all of my medical records. Do I have to comply? (5) I am disabled and requesting that the City “accommodate” me. Is the City entitled to see my medical records? (6) Can my employer require me to tell them what I do “off the job”? (7) Does the City have a right to know if I got into a fight at a party on the weekend? (8) Can my supervisor require me to let him see what I have in my purse or briefcase before I leave work? (9) I drive a bus. Do I have to submit to a drug test on days I am off work? (10) Can I be fired because of a drunk-driving charge on the way home?

QUESTIONS AND ANSWERS #236

1) My supervisor is taking duties away from me and giving them to a co-worker. I think they are going to try to demote me. 2) What can I do about this? My subordinates are being interviewed by HR about a work complaint and it appears that they are being asked questions ABOUT ME. I have not been informed about this, nor have I been scheduled for an interview.3) Is this legal? : 4) Who negotiates the City’s contribution amount towards the cost of employees’ medical coverage? My monthly cost, along with my co-workers, is going to increase 15% in 2016, and I don’t think the City’s portion has gone up in years.

QUESTIONS AND ANSWERS #237

1) I sometimes receive packages at work of things I’ve ordered. The City has started opening them. Can they do that? Does it matter that I work in the Police Department? 2) Question: My co-worker wants to take a vacation but doesn’t have enough vacation time.  She wants to take absence without pay and has also offered to give up her health benefits for that time period. Management has told her if she does this, they will write her up.  Can they do this? 3) Is there anything we can do about the City using “consultants” in the Engineering Division? It seems like every time someone leaves, they bring in a consultant instead of filling the job 4) Can my boss call me at home to talk about work? Yesterday, she called in the middle of dinner for no good reason at all. I was upset all night 5) I’m the president of our Association and the city just sent me the job descriptions of two new classes they intend to create. What should I be doing about this? What if they want to make changes in CURRENT job descriptions? What is our role?

QUESTIONS AND ANSWERS #238

1)  My department has a policy that we need to call in two hours before the start of shift if we are going to be sick.  This means that we need to call in before 5:30 a.m.  I was very sick and feverish didn’t wake up until almost 7 a.m. When I called in, my boss said that because I called late, I needed to come into work.  I was still feverish (and probably contagious) but managed to get there. My boss took one look at me and sent me home.  I think this is very harassing.  2) Is there anything we can do about this policy?  Also, will I be paid for the day or required to use my sick leave? Answer:  That’s ridiculous – and abusive!  If you’re too sick to wake up in time to call your employer, then you’re too sick to work.  It’s a job; not slavery!   You can NEVER be “forced” to work when you are truly not well.  Having said this, your policy is fairly typical. Employers would LIKE to know, in advance, if they are going to have a staffing shortage.   If you called in late, and were disciplined for this, you could have appealed, and explained that you were truly very sick and slept through the call in time.  3) Most employers are reasonable about this; yours just ran amuck. You should be paid for the time you spent at work.

QUESTIONS AND ANSWERS #239

(1) Can the City can simply “wipe out” time above a cap? If so, how much time do we have before it is “lost”? (2) I have a co-worker who is a Planning Assistant II; She has an accommodation for a chronic illness, and does the work of an Assistant I. Can she be demoted to the level of a I, or is the City required to continue paying her at the II Level? (3) There is no budget for overtime, but we sometimes have to stay after 5 p.m. in order to finish a task. We can ask for comp time, but there “is no guarantee” and money is definitely not available. Is this legal? (4) Our Manager left the City and I’ve been doing the job and receiving acting pay for three years . It now looks as if the City is going to hire someone for this position -- and it won’t be me! My job was filled more than a year ago. I want to know 1) do I have any “right” to insist that I be given this job and 2) if not, could I possibly be terminated because my previous position is no longer available? (5) I have a LEAD and a SUPERVISOR. I feel there is a tug of war between these individuals. What should I do when I find myself in the middle of a power play? (6) Can the city require me to take my lunch and deny me the option of leaving early if I don’t take it? (7) I’m the director of a child care center and had to handle a complaint about an employee who slapped a child. Can I, personally, be sued by an unhappy parent? (8) I was told I would need to work four hours past the end of my shift because one of my co-workers called in sick. I want to know whether it is legitimate for a supervisor to ask to see proof that you have paid for a function before they let you deny working an overtime shift.

QUESTIONS AND ANSWERS #240

(1) I work in a park where there is quite a bit of violence. In fact, there were stabbings last week. I work alone, and want to know if I can request hazard pay. (2) Our new boss is deliberately “mixing up” the territories we inspectors have been working in for eight years. Can we file a grievance? (3) I am curious about what constitutes abuse with regard to sick leave? (4) I work in a setting with lots of volunteers. I told H.R. one of them doesn’t like me and has been posting nasty (and untrue) statements about me on her Facebook page (some are of a sexual nature). H.R. is doing nothing, so what can I do? (5) The old union really failed us so we decertified Is there any possibility of bringing legal action against that union? If we can prove that they knew our Rep was not doing his job, can we force them to compensate us?

QUESTIONS AND ANSWERS #241

(1) Does the City have to accommodate my disability if I work in Public Works and am required to have a Class A driver’s license, but fail the test? (2) I want to know if the City can tell you when you will take your breaks. (3) How could we insure that everyone interested in promoting has an honest opportunity? (4) Can two groups be treated completely differently regarding a lunch break policy? (5) Can I use admin time for a family event or for bereavement? (6) Is my position here legally protected since I was a key witness in my co-worker’s lawsuit against our former boss. (7) Can we use Facebook to put out an announcement regarding the Utility Users Tax? (8) I read your article about contractors’ rights to get their PERS benefits if they can prove that they were actually employees. Now I’d like to know what steps to take to retrieve my past vacation and seniority benefits.

QUESTIONS AND ANSWERS #242

(1) My boss denied my vacation request after an injury on the job. What can I do? (2) I’m an animal control officer and have been mauled by a dog. After my surgery (a) does the city have to hold my job open for me until I return to work? (b) do I need a workers comp attorney? (c) if I’m unable to return to work, does the City have to take care of me; am I eligible for disability retirement? (d) could I sue the owner of the dog? (3) Does the Association have to pay for an arbitration for a member who has been disciplined many times? (4) I am in charge of keeping records of all the City keys and I hear they want to give the duty to someone else. Can they just take a job duty away from me without approval from our union or the City Council? (5) Is it true the City gain access to my personal cell phone because I participate in their cell phone stipend program.

QUESTIONS AND ANSWERS #243

(1) Can the association use dues monies to buy gift cards the membership? Is a vote of the Board sufficient this? (2) Is there a minimum number of hours that hourly employees must have between shifts? (3) Should our Board set aside our MOU language on promotional preference for in-house applicants in order to speed up the process of hiring? (4) My attendance has been spotty after my wife’s death, and now the city has taken me off the job and sent me for a fitness for duty exam. Could I really be fired because of this difficulty? (5) Does a change to our standby policy need to be proposed to the association for review/discussion or can the City do this without talking to the Association? (6) Our City has changed its procedures about when we get reimbursed after we take a class. The class is expensive, and I don’t always have the money available. Is this grievable?

QUESTIONS AND ANSWERS #244

(1) I asked my HR Department about disability and was told that our City doesn’t contribute to the State program. Shouldn’t I be eligible for disability insurance through the State? (2) Tell me if there would be any impact if our Management changes us to "at-will" status and what this could involve. (3) Do I have the right to refuse to wait on anyone who is in a mask and hoody, or just plain looks scary, unless the City provides me with some help or security? (4) A member’s grandmother has fallen ill and needs to be moved to a nursing facility. The member will have to drive out of state to facilitate this. Can he legally use his sick time instead of vacation? (5) One of our part-time employees hurt his back pretty badly, and the City sent him to a doctor who said go back to work. After feeling worse, he went to his own doctor. Doesn’t the City need to pay him for those doctor appointments and lost days at work? Could the City be held responsible for making his injury even worse? (6) My boss wants an explanation for my request for time-off for personal business. Am I required to give an explanation? If so, how much personal information am I required to divulge?

QUESTIONS AND ANSWERS #245

(1) My Manager needs to send me to a work location/assignment that I REALLY DON’T WANT TO DO. Do I have the right to refuse? Do I have the right to demote to my previous job? (2) I’m a white male, as is my boss. He makes racial and sexist comments in front of me, which are often offensive. Is this harassment? (3) When I came back to work after a miscarriage, everyone seemed to know about my loss. Isn’t this a violation of my privacy rights? (4) Several of us filed a sexual harassment complaint against the Mayor, and the City doesn’t seem to be doing anything about it. He cruises the halls making offensive remarks to anyone within earshot. Is there anything we can do about this? (5) Does the City have the right to force me to pose for a picture with my co-workers? (6) My co-worker collapsed on the job last month. He has received a bill for $1,400 from the paramedics! Shouldn’t the City be paying this? (7) Our City Attorney is telling us that since we became a Charter City, they do not need to comply with state labor law any longer. Is this true? (8) Can I do anything about my co-workers playing a religious radio station very loudly all day at work? (9) If a change is made to an employee's time sheet without his knowledge, is the supervisor or payroll supposed to notify that employee?

QUESTIONS AND ANSWERS #246

(1) Our supervisor asked my co-worker who is on maternity leave if she can put in a few shifts this week. Is this legal? (2) If I am terminated, could lose my PERS retirement? (3) I’m retiring and I have nearly 400 hours of vacation accrued. I want to take a trip then break it up in daily increments. Can I do that? (4) I’m our Association president and have been sent changes in job descriptions by the City. They are adding a lot of new duties to one job and they are giving professional-level duties to a clerical job, with no pay increase for either. Is there anything we can do? (5) About a year ago, my workstation changed to an area with very bright lights, which gives me headaches. The city says I need to provide medical certification of my “disability.” I don’t have a disability! I just have a glaring computer screen! What can I do? (6) I requested a quiet work space with privacy due to a chronic medical condition. My doctor sent a letter saying I have an ongoing condition and need accommodation. The City’s Risk Manager is asking what the exact condition is. Do I have to disclose that? (7) My co-worker and I had a disagreement about how work should be done. We kept texting on the weekend. On Monday our supervisor called me in and chewed me out. Aren’t my texts off the job on my OWN phone considered private?

QUESTIONS AND ANSWERS #247

(1) The City is hiring our Finance Manager’s daughter to work in our department. Is this legal? (2) Can they just train me to do my co-worker’s job? She is retiring in a month. (3) My employer is scheduling employees to attend training on their days off, with pay for time, but only while they are there. No call back time at all.  Is this legal? (4) Does the City have to pay someone who has accrued vacation above the cap? Do they to remind us to take the time or it could be lost? Would they owe him some type of compensation for this loss? (5) Should I bother with FMLA if I only have to take about a dozen days off here and there to help my injured husband get to and from doctor’s appointments? (6) When I get a call out (for emergency water repairs) I must drive my own car into the yard to pick up the city truck. Should I get mileage for this. Am I covered by workers’ comp during the drive in for the call out?

QUESTIONS AND ANSWERS #248

(1) Our work building is tented and uninhabitable for a week.  They say they will find other locations for us to work, but may also send some people home for a few days at a time.  Can they force us to use our own vacation banks?  (2) My doctor is recommends that I take marijuana for my acute back pain.   I don’t drive on the job and am not in a “safety sensitive” position.  Is there any reason I should not do this?    (3) My supervisor is on disability, and I am doing his entire job while he’s gone, on top of my own.  I get a 5% bonus, but this has been going on for months. I’m tired of the stress. I want to tell the HR department that I don’t want this assignment anymore.  Do I have that right or can they force me to do this job? (4) Our City is doing a disaster drill starting at 11 a.m. and then they’re going to provide lunch for everyone at noon.  Will we will be paid for this lunch time.  Attendance seems to be mandatory. (5) If I leave my job and take a promotion in another city, how can I make sure I’m hired as a “classic” employee under the old PERS formula?  (6) Do I have the right to use FMLA time to care for my mother-in-law? (7) Can the city make it mandatory for us work overtime?  Is there a maximum number of hours per day or week that we can be required to work?

QUESTIONS AND ANSWERS #249

(1) One of the people I supervise has filed FIVE different complaints against me. I consider these complaints harassment, and they are causing me to have difficulty completing my daily tasks. Do I have a potential case building? (2) I hurt myself on the job and had my own doctor pre-designated. The City has agreed that I’m under my own doctor’s treatment, but they want to send me to THEIR doctor for a second opinion. Can they require this? (3) I’m on maternity leave and am planning to use my FMLA period (up to 12 weeks) for baby bonding. But the city just told me that I won’t be paid for this! I thought that state disability pays for this… no? (4) My supervisor asked me to attend a training program on my day off. I told him I couldn’t for personal reasons, and he said this wasn’t good enough. Do I have to give a more specific answer? (5) I started my job with the City 6 months ago and am now leaving for a better job. The City paid for a training class and my certification testing. Now they say they are going to deduct these costs from my final paycheck. Can they legally do this? (6) I am resigning from my job, under threat of termination. Yesterday my son broke his arm at school and I need to know if I will still have medical coverage and how long this will be in effect. (7) On Saturday the City truck was broken into while I was on duty. My purse and all of its contents were stolen. Does the City have to reimburse me?

QUESTIONS AND ANSWERS #250

(1) I’m a manager am embarrassed to say that I made negative comments about one of my subordinates to a co-worker. Could I be disciplined or even fired? Should I report this to my Director? (2) My work schedule got messed up over the holidays because I normally work on Saturdays. I went to Human Resources and we worked it out, and they DID agree to the holiday pay. No one told my Department Head or payroll, and they are both saying I should NOT get the holiday pay. What can I do now? (3) Now that we’ve got a republican President, he will appoint a conservative Supreme Court justice. Does this mean the issue of Agency Shop can come up again and that it can be declared unconstitutional? (4) I was having surgery when my crew signed up for this year’s vacations. When I came back my boss said I had to pick the slots that were left over because I was sick. Isn’t this illegal? I am the second highest in seniority in my crew. (5) I had a fall on the job and hurt my hand. I had surgery, but the doctor doesn’t know whether I’m going to have permanent loss of movement. Is my job might be in jeopardy? Will I need a workers' compensation attorney?

QUESTIONS AND ANSWERS #251

(1) We received notification today, and were told to bring our lunches, to a special luncheon with the new Director. Should this be considered paid time? (2) The City says we are not allowed to use our cellphones outside of break time and lunch.  Can we be forbidden to use them and actually disciplined if we do? What about family emergencies? (3) To save money, our Department is pushing everyone to take comp time instead of pay. What happens when I hit the cap of 80 hours? (4) I was given only one day’s notice to move to another City department. Others with less seniority were allowed to stay in their positions. I had to suspend all my projects. Did I have any rights? (5) The city is telling our crew that we all have to start working weekends on alternative months. My mother is in hospice, and I go to see her (about 2 hours away) every weekend. Can I be left out of the weekend rotation while I’m still caring for my mother?

(6) I am resigning from my City job and was told I’ll be receiving my final paycheck “within a few weeks.” I thought employers must provide final checks within 72-hours. What can I do?

QUESTIONS AND ANSWERS #252

(1) The Personnel Rules are different from our MOU in some areas. Which one of the documents holds more weight? Can we ask for a change in the MOU in any of the differing areas even though it is spelled out in the Personnel Rules? (2) An interim position was created and a co-worker promoted into it without advertising or conducting any exam. It’s a 5% pay increase. Several of us would have been interested in this job. Do we have any recourse? (3) The City notified us several of our members are eligible to change from non-exempt to exempt status. We are being told this is controlled by federal law and we can’t refuse to do it. Can we refuse to go exempt? Does our association have any role here? (4) One of our members has cancer and has used up all of her leave time. We would like to contribute some of our leave to a Leave Bank for her. Can we do this?

QUESTIONS AND ANSWERS #253

(1) We have a member who has been falsely accused of sexual assault by an employee who only worked here a short time. Is the City is responsible for representing our member if this ex-employee sues him. Does he have the right to have a rep when he is interviewed by the City lawyers? (2) To promote to a supervisor’s position, I am being told it requires I get a T-3 (water) certificate. I know for a fact that the previous supervisor did NOT have this Certification. Do I have grounds for a complaint? (3) I was sexually harassed by a co-worker to the point of being made ill and losing time from work. I filed a worker’s compensation claim and was off the job for two months. I'm back on the job, but I still have to work with the person who was harassing me! Is there anything I can do?

QUESTIONS AND ANSWERS #254

(1) My department head made negative comments about me to several other staff members. The comments are very offensive. Can I get her fired? (2) I just read that PERS only has 69% of the assets it needs to fund its outstanding retirement debts. Can you please tell me whether this is really problem or just a media scare tactic. (3) What can I do about old discipline in my file? My new Department Head says he doesn’t know anything about this. (4) I got in trouble in January and was questioned about the incident in February. My supervisor said he would get back to me. It is now June and I still have not received any discipline. Is there a time frame during which a disciplinary matter has to be taken? Could this be brought up ANY time in the future? (5) The city says they are no longer cashing out our accrued leave at retirement and they will be using this money to pay for our retiree health care. I have nearly $30,000 in accruals: sick leave, vacation, comp time, and holiday pay! I want to know if they can legally do this.

QUESTIONS AND ANSWERS: CONTRACT BARGAINING

1) "Can the City change the pay level of a class, in the middle of a Contract? 2) "What happens if the current Contract expires before we agree on a new one?" 3) "If bargaining breaks down, can the City discontinue our medical plan or other benefits?" 4) "What is Impasse? What happens when impasse procedures are implemented?" 5) "I thought it was illegal for public employees to strike in California. Has this changed?"

QUESTIONS AND ANSWERS: YOUR JOB AND THE MILITARY

1) What happens if I join the service while I’m working for the city? Do they have to give me my job back? 2) What about reserve duties? Do I lose benefits? 3) Can I get PERS retirement credit for my military service?

QUESTIONS AND ANSWERS: WHAT ARE MY GRIEVANCE RIGHTS?

1) What is the difference between a grievance and a “disciplinary appeal? 2)Is there a “statute of limitations” for disciplinary actions?

QUESTIONS AND ANSWERS: FAIR LABOR STANDARDS ACT

I am eligible for overtime, but my employer has not paid me for it. What can or should I do?

QUESTIONS AND ANSWERS: INJURED ON THE JOB

When I’m injured on the job whom shall I call first? How does the “workers comp” system work? How can I tell if my employer is treating me appropriately? At what point do I need a lawyer?

QUESTIONS AND ANSWERS: INJURIES

1) I hurt my back at work. The City sent me to their doctor, but I am not happy with treatment. Do I have right to see my own doctor? 2) My boss gave me a letter saying I abuse sick leave, that I am a bad example to others and threatening me with further disciplinary action. 3) I hurt my back at work and have been going to physical therapy appointments. Shouldn't this time be covered by workers comp?

QUESTIONS AND ANSWERS: RETALIATIONIf I complain about a safety issue at work, can I be protected from retaliation by my employer? What if I am a "whistleblower" about a violation of law occurring at my job, or a co-worker who is committing a crime?

QUESTIONS AND ANSWERES: BILINGUAL PAY

1)Last week, our supervisor posted a policy prohibiting us from speaking any language other than English while at work. Is this legal? 2) What is a “business necessity,” anyway? 3) I am bilingual, but my City doesn’t provide bilingual pay. Can I be forced to speak Spanish on the job? Don’t public agencies have to provide bilingual pay if they want employees to use this talent? 4) Can the City REQUIRE someone to be bilingual in order to apply for a job? 5) My City provides bilingual pay, but only to one person in each department. I’m not the “designated” bilingual speaker, but I’m still called upon to translate. Can’t I refuse or don’t I have the right to insist on getting Bilingual Pay?

QUESTIONS AND ANSWERS: PERS

1) How is my retirement income calculated? 2) Can military service be counted as CalPERS prior service credit? 3) How does CalPERS provide for my spouse and children if I die before I retire? 4) How does CalPERS provide for my spouse and children if I die before I retire? 5) Q: What is the significance of "final compensation" and how is it determined? 6) I understand that PERS has lost millions in the stock market. Who does the investing? 7) Is there a mandatory retirement age in CalPERS? 8) What are the minimum requirements I need to meet in order to retire?) Does CalPERS provide a Cost Of Living Adjustment to my pension after I retire? 10) If employee retires out of state will he still be responsible to pay California state income taxes on his PERS income? 11) Can the employee raise his/her monthly percent of benefits after retirement begins? 12) When we negotiate our MOU, the City “charges” the yearly PERS contribution rate against our pay increases. How is the employers' contribution determined?

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QUESTIONS AND ANSWERS: CHIROPRACTORS

1) The City has circulated a form to pre-designate a doctor for my treatment. They say that I can no longer pre-designate my chiropractor as my treating physician. Is this true? 2) I belong to a medical group under an HMO medical plan and I seldom see the same doctor when I go in. Can I simply designate the medical group as my primary treating physician?

QUESTIONS AND ANSWERS: CONFIDENTIALITY OF YOUR MEDICAL RECORDS

1) Can a potential employer ask me about my past injuries or workers' compensation claims? 2) Can an employer ask “third parties” questions about my workers comp history? 3) May an employer give psychological examinations to applicants? 4) Can medical information be kept in an employee's regular personnel file? 5) May an employer ask whether an applicant can meet the employer's attendance requirements?

QUESTIONS AND ANSWERS: WORKERS COMPENSATION

1) Can I return to my job after filing a workers compensation claim? 2) Can my employer terminate me after filing a claim for workers’ compensation benefits?

QUESTIONS AND ANSWERS: SEXUAL HARASSMENT

1) I complained to HR about a guy who was bothering me. The behavior stopped, but I still have to work with him every day. This is uncomfortable, so I’ve asked them to transfer one of us. So far, they haven’t agreed. What can I do? 2) I complained about a person who was bothering me and the City immediately transferred me to another department. I didn't do anything wrong! Why should I be the one who is transferred? 3) My supervisor repeatedly touched my arms and shoulder and asked me questions about my personal life. Several other people heard and saw this. I complained to Human Resources. They said they would investigate, but no one talked to any of the witnesses, and now I've been told there is no evidence of harassment. What do I do now? 4) I complained to HR about an inappropriate incident with my boss and now they are bringing in outside investigators to interview the whole department! I wish I had never started this. What can I do to stop it? 5) My supervisor has literally told me that if I won’t go out with him, my job may be at stake. Is there any law against my recording some of his comments? May I make copies of his incriminating emails? 6) I've been falsely accused of sexual harassment by an employee I supervise, because I put her on a Performance Improvement Program. She claims it happened when no one else was around, so it's a "he said, she said" situation. We are in the midst of an investigation, and I expect to be completely exonerated, but everyone in the department knows about this and it’s very uncomfortable. What can I do?

L E G A L U P D A T E S

LEGAL UPDATE # 4

1) Court reaffirms 'Weingarten' right representation; 2) Employer can't compel union participation in Management-dominated committees; 3) Employers must meet and confer with the Union before making most changes; 4) Union can't be denied right to file grievances in its own name.

LEGAL UPDATE # 5

1) Public employers must reimburse employees for damages to belongings or vehicles used on job; 2) Probationary employees protected against retaliatory termination for participating in union activity; 3) Public employer cannot use fiscal crisis as grounds for violating Contract.

LEGAL UPDATE # 6 1

1) Workers compensation and ADA lawsuits may be filed simultaneously; 2) Employees have the right to attend children's school activities.

LEGAL UPDATE #8

1) Employees who commit sexual harassment on the job may be personally sued; 2) employee "protected activity" rights expanded to include right to circulate petition of protest; 3) Employee need not exhaust grievance process in order to file age discrimination case with courts.

LEGAL UPDATE #9

New laws and/or decision regarding 1) Bankrupt employer can't violate union contract; 2) City's emotional appeal to jurors as taxpayers "went too far;" 3) Union officer has constitutional right to criticize management at Council meeting; 4) employer that obstructs bargaining can be held responsible for union's legal costs; 5) WARNING: e-mail on the job can be used against you!

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LEGAL UPDATE #10

New legal decisions regarding: 1) Employee's secret taping of conversations may make him/her subject to criminal penalties! 2) Proceed with caution in public criticism of employer.

LEGAL UPDATE #13

Court Puts "teeth" in the A.D.A: Orders Reassignment of Disabled Worker; Mass request for Comp Time used as Work Action during Bargaining.

LEGAL UPDATE #14

1) Employer Can’t Fire Employee for Circulating Letter of Protest. 2) “Whistleblowers’ Law” Protects Employees Against Retaliation for Reporting Wrongdoing. 3) Employee Whose Phone Calls were Secretly Taped has Right to Sue Employer for Invasion of Privacy. 4) Employee’s Suicide Found Compensable under Workers Comp Law

LEGAL UPDATE #15

New legal decisions regarding: 1) Courts warn employers that there will be no changes in ‘terms and conditions’ without bargaining; 2) Citizens have the right to criticize public employees in an open forum such as a Council Meeting or Board Meeting.

LEGAL UPDATE #16

1) Court finds that employer has obligation to notify employees of right to use Family Medical Leave Act. 2) Employer can’t turn full-time position into two part-time jobs. An Administrative Law Judge made clear that converting a position from benefited to non-benefited status requires Association agreement, or at least the opportunity to bargain before the change occurs.

LEGAL UPDATE #18

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A recent State Supreme Court ruling has firmly established that bonuses, premiums and deferred compensation must be computed as base pay under public employees’ retirement plans.

LEGAL UPDATE #19

1) Employer can’t implement Substance Abuse Policy without bargaining. 2) Employers must advise disabled workers of any available alternative positions for which the employee is qualified.

LEGAL UPDATE #20

Employers with 25 or more employees must allow leave to attend children's school activities.

LEGAL UPDATE #22

1) Spiking of “best year” salary for PERS retirement by adding vacation, sick leave and comp time now illegal; 2) Speaking out about your Employer; 3) Other employees' personnel files may be subpoenaed to prove disparate treatment.

LEGAL UPDATE #23

The Public Employee Relations Board (PERB) has ruled that a non-voluntary reduction in an employee's hours requires negotiations. Employees have the right to use E-mail for union business. Employers must meet and confer before adding lower-paid workers to bargaining unit classifications.

LEGAL UPDATE #24

1) Employee can’t be placed on unpaid medical leave without right to hearing; 2) California Supreme Court protects jobs of injured workers.

LEGAL UPDATE #25

1) Conditions under which city e-mail can be used for union business; 2) Employers must Meet & Confer before adding lower-paid workers to bargaining unit classifications; 3) Transfer of bargaining unit work outside of the without meeting and conferring over impact is a violation of law.

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LEGAL UPDATE #26

1) City may not compel promotional employees to take a drug test; 2) A change in assignment that reduces any pay is appealable; 3) Salary adjustments “for the term of the contract” must continue even after mou expires; 4) Law overrules MOU provisions if rights are greater under the law.

LEGAL UPDATE #29

1) Nurses Block Takeaway of "Flex" Schedule; 2) No 'duty assignment' during Lunch Period; 3) Court Reaffirms Employees' Right to Representation; 4) "Work Preservation" is a Mandatory Subject of Bargaining; 5) Employees Guaranteed the Right to Organize and Belong to the Association of Their Choosing Without Interference or Retaliation.

LEGAL UPDATE #30

1) Sick leave can be used to care for a sick child, spouse or parent; 2) Employers can't claim economic necessity to fire older (higher-paid) workers and replace them with younger (lower-paid) workers; 3) Public employers can now be penalized for Cal/OSHA violations; 4) Assembly Bill 1689 makes employers liable for lost wages if they demote, discipline or fire employees for lawful conduct outside of working hours. 5) The new overtime law, does not apply to public employees.

LEGAL UPDATE #31

1) Employer Must Pay Terminated Employee Interest on Back Pay Owed; 2) Arbitrator Reminds County it Must Tell Employees about Rights Under the FMLA; 3) Employer Cannot Block Employee from Working if His Doctor Says He's Well; 4) Employer Can't Deny Organization's Right to Meeting Space; 5) State

Personnel Board Slaps CHP for Disciplining Officer without Telling Him What He Did Wrong; 6) No Implementation of Internet Policy without Bargaining; 7) Employee has Right to Transfer Job Sites as Accommodation for Handicap; 8) Agency Can't Discipline Employee for Off-Duty Activity.

LEGAL UPDATE #32

(1) New Law Blocks Contractors From Undercutting Wage Agreements

LEGAL UPDATE #33

1) Loss of Special Assignment Pay triggers the Right to a Full Hearing; 2) Public Employers Can't Undercut Bargaining Agreements

LEGAL UPDATE #34 -

AB 709 – No unilateral imposition of a MOU.

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LEGAL UPDATE #35

New law outlaws retaliation for testifying or serving on jury. 2) Bill also expands Section 230 of the labor code, allowing employees to appear in court as a witness of a crime, a victim of a crime or in instances of domestic violence without fear of being harassed or losing your job.

LEGAL UPDATE #36. prohibits the use of state funds to “assist, promote or deter union organizing. Another new bill, AB 1856, specifically provides that an individual who discriminates or harasses someone on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation may be held personally liable for such behavior regardless of their status with the employer.

LEGAL UPDATE #37

Disabled Employees can't be Denied Accommodation due to Discipline Arising From Illness; Agency Shop: Employer Must Deduct Fees, Can't Tell Union What Information to Supply to Fee Payers.; Union Not Obligated to Represent Its Members in Court; Association Leadership Protected Against Retaliatory "Investigations" ; Employer Can't Contract Out Work Without Bargaining the "Impact"

LEGAL UPDATE #38

Even probationary employees have protection rights against retaliation; Employer can’t eliminate “past practice”; Internal Affairs Investigation May Be Evidence of Harassment; District can’t subcontract without bargaining.

LEGAL UPDATE #39 - HPPA

New law restricts employer’s access to your medical records.

NEW LEGISLATION 11-01

No retaliation lawful conduct; Enhancement of PERS to allow 3% @ 60; Employees’ have right to speak their own language on the job; Employers cannot obstruct agency shop elections; PERS Safety Members Status given to Park Rangers.

LEGAL UPDATE #40

Senate Bill 167. This bill makes it possible to continue to accrue service credit under the CalPERS retirement system, if you switch careers and go into public school teaching. Assembly Bill 25, expands the rights of couples who are registered domestic partners. Assembly Bill 824, Chapter 185 expands the list of who is eligible to enroll in the CalPERS Long Term Care Program. About the New PERS Options. Two questions: 1) can you go back and retrieve the higher level of benefit at an agency where you are no longer working, if that employer upgrades to a higher plan; 2) Is there a “cap” on the amount of PERS income I may collect.

LEGAL UPDATE #41

Civilian Employees in the Police Department win protections similar to Police Officers Bill of Rights

LEGAL UPDATE #42

Changes to Labor Laws. Broader Protections for Union Activists; Even “Minor” Modifications of Performance Evaluation System Trigger “Obligation to Negotiate”; Association has Right to Information About Bargaining Unit Members; Family Sick Leave Extends to Domestic Partners; PERB Gains Right to Investigate “Violations of Rules”

LEGAL UPDATE #43

Senate Bill 1464 – Employer Contribution to PERS Health. Although the law has always required that employers who contract with the PERS health network make their insurance available to its retirees, the only contribution the city was required to make was the $16 administrative fee. Beyond this amount, the issue of who pays and how much has entirely been a subject of negotiations. In last year’s legislative session, however, the Democrats pushed through the first increase in the employers contribution since 1962. Senate Bill 1464 will increase the required employer contribution over the next 5 years.

LEGAL UPDATE #44

Senate Bill 1471 provides legal protection against retaliation--threats, letters, negative reviews or even suspensions--for use of sick leave to care for a family member. It is the “clean up” bill for the 1999 KinCare Law, adding the protection against ALL forms of discipline to your right to use a certain amount of sick leave to care for family members.

LEGAL UPDATE #45

More Good Law for Public Employees: 1)Employers Can’t Ignore Employees’ Request for Recognition2) Police Officer Rights For Civilian Police Department Employees 3 Employers Must Permit Employees To Use Sick Leave To Care For A Domestic Partner Or A Domestic Partner's Child.

LEGAL UPDATE #46

MAJOR PERB DECISIONS: 1) Grievance procedure covers everything in MOU, unless Association Specifically Agrees Some Issues are Not Grievable 2) No contracting of entire bargaining unit.

LEGAL UPDATE #47

1)Employee Forced who Accepts Disability Retirement can Still Sue for Wrongful Termination. 2) PERS Employees Not Exempt from State Civil Service System. 3) Employer May Not Tamper with Employees’ Witnesses. 4) Union has Right to Information about Its Members

LEGAL UPDATE #48

1)PERB has authority over charter cities. 2) Employees can’t be pulled from union based on possibility of performing confidential duties. 3) PERB slaps university for changing e-mail policy without bargaining.

LEGAL UPDATE #49

Workers Comp Not the Only Remedy for Violation of Privacy Rights. Recently, the Court of Appeals made a determination that, where an employee’s right to privacy is infringed upon, he/she may take legal action independent of the right to file a workers compensation claim. Employers Cannot Change Work Hours Without Bargaining. The new PERB decision, , holds that a position belongs to a bargaining unit and that a change of ANY ‘terms and condition’ must be negotiated. It does not matter whether the position is vacant or occupied.

LEGAL UPDATE #50-Overtime

The federal Fair Labor Standards Act requires that ALL employees be offered PAYMENT (not just “comp time”) for work in excess of 40 hours in a week. If you are an hourly employee (not salaried/FLSA-exempt) you cannot be forced to work overtime and be paid only in time off – unless your Association negotiates such an agreement. Overtime may be compulsory. If overtime is VOLUNTARY, then you may be OFFERED the opportunity to accept “comp time” instead of pay. If this is not an acceptable form of pay, then you have the right to reject the overtime.

LEGAL UPDATE #51-Age Discrimination

Age discrimination is real – but it IS illegal. The 1967 Age Discrimination in Employment Act prohibits all employers with 20 or more employees from treating employees over age 40 differently from younger employees. Equal treatment applies to hiring, promotional opportunities, job assignment, benefits, training, layoff, etc.

LEGAL UPDATE #52-Miliatry Leave

Today, nearly half of the members of the US military are reservists. What protects them from losing their jobs? The federal Uniformed Services Employment and Re-employment Rights Act (USERRA) establishes their rights of reservists and the National Guard to return to work at the end of their service. The USERRA applies to all employers regardless of size. The law requires that while on active duty, the employee receive the same benefits as other employees on comparable leaves of absence and be allowed (but not required) to use vacation time. In other words, military leave is NOT paid leave, but most employee benefits must be continued.

LEGAL UPDATE #53

1) AB 2412 (Diaz) – Worker access to payroll records. 2) State protection of voluntary disability programs

LEGAL UPDATE #54

Rights of Domestic Partners. Effective January 2004 California formally recognizes domestic partnerships. Assembly Bill 205 provides that registered domestic partners have the same rights, protections and benefits and be subject to the same responsibilities obligations and duties as are granted to and imposed upon spouses.

LEGAL UPDATE #55

Sexual Harassment Victim Who Quit Job May Sue Employer. 2) Changing Into Plant Uniforms Is Compensable Work Time Under FLSA. 3) Unilateral Change To Employee Evaluation System Deemed Unfair Practice. 4) School District Can Not Change Wage Formulas During Bargaining. 5) Study Finds Americans Are Increasingly Pro-Union.

LEGAL UPDATE #56

When an employee is required to travel out-of-town to work or attend training programs, all time spent traveling must be paid.

LEGAL UPDATE #57

1) Penalty Applies for Failure to Pay Employees on Regularly-Scheduled Paydays 2) Increased Penalty for Judgment of Nonpayment of Wages

LEGAL UPDATE #58

1) Govt Code 12940 Makes Employer Liable for Harassment by Public if Employer Knows about Problem and Fails to Take Corrective Action, 2) Whistleblower Protection (SB777), 3) No Retaliation on the Job for Exercising Legal Rights, 4) Leave Time for Crime Victims and Their Families

LEGAL UPDATE #59—LAW ENFORCEMENT

Most labor laws affecting public employees in California are NOT federal laws. They are State Laws: the right to bargain, to enforce a contract, to be paid in a timely manner for all hours worked, to be paid for your vacation if you leave your job, to appeal unjust discipline, to receive retirement benefits, etc. For example, did you know that State law not only requires that you be able to use a certain portion of your Sick Leave for sick family members, but that, as of January 2003, you can no longer be threatened with discipline for the “excessive use” of leave for family illness. When Must Employees “On Beeper” Be Paid? When is an “Intern or Trainee Really An Employee? What Right Does an Employer Have to Take Money Back from an Employee Who Has Been Overpaid?

LEGAL UPDATE #60

1) Employee Who is Terminated Due to Disability, but Denied Disability Retirement Must be Returned to the Job – With Back Pay! 2) Refusing to Let Employee Attend Religious Convention is Basis for Discrimination

LEGAL UPDATE #61

1) Courts Come Down on the Side of Public Information in the Fight Over Salary Disclosure.

Recent Court decisions emphasize that employee salary information is not protected from public information act requests. 2) Court Rules That Employee Who Is Not Really Disabled Must Be Reinstated – With Back Pay. Under California state law, a public employer, which is terminating an employee who is too disabled to work, must apply for and secure his Disability Retirement before the employee is considered truly terminated. Employees who claim that they are NOT disabled, however, cannot be forcibly retired. 3) Parking Privileges are a Negotiable Subject. 4) Performing in Porn Films Not a First Amendment Right.

LEGAL UPDATE #62—TRAINING

When an employee is required to receive training, the employer MUST bear the cost of that training. If training is required as part of the minimum requirements to continue to hold a position, these training costs are to be borne by the employer.

LEGAL UPDATE #63—HEALTH INSURANCE FOR SURVIVING SPOUSE OF SWORN EMPLOYEES

AB 753 -- This bill provides continuing health benefits to the surviving spouse of a firefighter or peace officer who dies as a result of an injury or disease sustained in the line of duty if the surviving spouse was married to the firefighter or peace officer at least one year prior to the date of death.

LEGAL UPDATE #64—OVERTIME

The overtime rate is be one-and-one-half times your normal rate of pay. It may be provided in the form of pay or, if the employee agrees, in the form of “comp time.” (In the public sector, your association may bargain an agreement that allows the employer the discretion to pay comp time instead of overtime. But in the absence of a negotiated agreement, the employee has the discretion…) Comp time must also be provided at the time-and-one half rate.

LEGAL UPDATE #65— COMMERICAL DRIVERS LICENSES

If you have a Class B or Class A drivers license that is required as a condition of employment, there are changes to the DMV laws that you really need to know about. These could affect your employment – even for things that occur off the job and even if you do not know they exist. Some of the changes came into effect on January 1, 2005.

LEGAL UPDATE #66— EMPLOYEE IDENTITY PROTECTION

SB 1618--Amends Section 226 of the Labor Code, this law change requires an employer by January 1, 2008, to show no more than the last 4 digits of the employee’s social security number or an existing employee identification number other than a social security number on the itemized check, draft or voucher.

LEGAL UPDATE # 67

1) State Takes Steps to Block Retirees’ “Triple Dipping” A number of management employees have taken advantage of rules allowing them to retire and then work full time for a public employer. This is no longer possible. 2) You no longer have to divulge nor can an employer ask if you have ever been arrested. 3) Tape Recording Private Conversations: With new technology and the ability of many cell phones to record conversations the law is clarified that you can be subject to fine or imprisonment for doing so without the other party’s knowledge. 4) Privacy in the Reporting Health & Safety Hazards. You have the right to remain anonymous for reporting such violations.

LEGAL UPDATE #68

Employer cannot retaliate against employee for requesting representation in meeting with supervisor. Employer cannot transfer duties of one classification to another without bargaining. District Cannot Refuse to Bargain because Union Decides to Picket or to Contact Health Care Administrator for Information. Individuals do not have “standing” to file claims with PERB Only City cannot Deny Employee the Right to Designate Representative of his Choice.

LEGAL UPDATE - #69

State Supreme Court Finds in Favor of Employee Who Refuses to Commit Discrimination. The significance of this case is that the standard for “proving” discrimination and retaliation has been adjusted to the realities of the everyday workplace.

LEGAL UPDATE - #70

New Law: Public Officials Convicted of Felonies will lose retirement benefits. Those crimes that are considered “arising from official duties” include bribery, embezzlement, extortion, theft of public money and perjury.

LEGAL UPDATE - #71

(1) Supreme Court to Clarify Whether Protection Against Retaliation Includes Protection for Family Members (2) Women’s Prison Can’t Discriminate Against Male Jailers

Legal update #72

(1) Employee Subjected To Negative Comments about Age and Disability Can Sue for Wrongful Termination (2) Employee Gains Right to Sue When Supervisor Posts Her EEO Complaint On Intranet (3) Firefighter Had No Property Right to his Job As A Paramedic, But County Violated his Rights in the Manner Assignment was Terminated (4) Employee's Criticism of Police Chief was Free Speech, Protected By the 1st Amendment

Legal update #72 Retaliation

What is retaliation? Discussion of case that used cumulative events as evidence of retaliation by management to overturn a termination. This is significant because the burden of proof of retaliation is easier to achieve.

LEGAL UPDATE #73

(1) Employer Many NOT Discontinue Medical Contributions to Retirees, Even If the MOU has Expired or Changed; (2) Public Employee Pension Contributions Are Subject to Garnishment; (3) Neither Negative Comments on Satisfactory Performance Review nor a Referral to the “EAP” are Considered Discipline; (4) Non-Member Can’t Demand to Vote on Union Matters – even a Furlough Vote

LEGAL UPDATE #74

1) Employee’s Statements in Union Newsletter Can’t Be Basis for Discipline. 2) PERB Tells Orange

County It Can’t Implement Performance Incentive Program Without Bargaining. 3) Union Has Right to

Employer for Information on Benefits. 4) Court Upholds Termination of Employee who Posts Religious Material in Workplace. An employee was posting anti-gay material and claiming it was a matter of free speech.

LEGAL UPDATE #75

1) Under a new amendment to the Meyers-Milias-Brown Act, the Police Officer Bill of Rights is extended to Civilian Police Department Employees. Among other things, this means that no punitive action can be taken against the employee unless the city completes an investigation and notifies the employee within one year of the event under investigation. 2) Another amendment of the MMBA emphasizes that it is illegal for employers to retaliate against employees for union activity. 3) Employers must allow employees to use Sick Leave to care for Domestic Partner or a Domestic Partner’s Child.

LEGAL UPDATE #76

1) The Brown Act requires that the vast majority of City’s decisions (and decision-making processes) are made public: who they hire, what programs they fund, which companies they contract out to, etc. When it comes to disciplinary matters, though, the state attorney general’s office has ruled that the public is NOT privy to the decision-making process. 2) Union Has the Right to Use Members’ Mailboxes for Political Communications. 3) Supreme Court Adopts Broad Standard for Proving Retaliation Under Title VII: The Supreme Court has made it easier for an employee to prove retaliation under the Civil Rights Act.

LEGAL UPDATE #77

1) Federal Court says Public Employees Do Not have to Exhaust City Grievance Procedure before Filing Overtime Claim. 2) White Employee with Black Spouse Has Grounds for Racial Harassment Claim.

LEGAL UPDATE #78

(1) Retirees Lack “Standing” to File PERB Claims. (2) Employee Accused of Trying to Poison Co-Worker Must be Reinstated, With Back Pay (3) City Must Give Preference to Employees on Transfer List over Outside Applicants (4) Seniority Language Does NOT Necessarily Determine Who Gets a Promotion (5) Employee Has Right to a NEUTRAL Hearing Officer for PERS Disability Hearing (6) City Can’t Use “Risk of Self-Injury” as Reason for Not Complying with ADA

LEGAL UPDATE #79 – SOCIAL SECURITY “FAIRNESS” ACT.

HR82 also known as “the Social Security Fairness Act” revokes the Government Pension Offset (GPO),

and the Windfall Elimination Provision (WEP) –which reduce the Social Security benefit of employees who held private sector jobs before retiring as public employees. Enables retirees to enjoy the full value of their social security benefit, with no deductions caused by their participation in the PERS system.

LEGAL UPDATE #80 - EMPLOYERS MUST ACCOMMODATE RETURNING VETERANS

Under Federal Law (USERRA, the Uniformed Services Employment and Reemployment Rights Act) an employee who is a member of a national guard unit or Armed Forces Reserve Unit who is called to active duty has the right to return to his or her job – or at least a job in the same pay range. Further, he should suffer no loss of seniority or accruals, as long as he meets USERRA’s guidelines about time served, and requests the return to work within certain time limits. The ADA protects veterans who return to work disabled.

LEGAL UPDATE #81 VETERAN AND MILITARY BENEFITS

AB 392:  Requires employers to allow the husband or wife of a soldier serving to take up to ten days of unpaid leave while their husband or wife is home on leave.  SB 14: Allows members of the California National Guard to qualify for membership in the Public Employees Retirement System (PERS), and to purchase additional PERS service credit.  

LEGAL UPDATE #82

1) A reduction of work duties by itself is not a demotion 2) An employer can not terminate an employee in retaliation to a reporting of physical threats against himself and/or Others in the Workplace. 3) Employee reinstated after being terminated for sexual harassment due to fact of a history of consensual conversations. 4) Employer can change method of “Tracking Time” by installing a time clock.

LEGAL UPDATE #83 THIRD PARTY WORK RELATED INJURY

If you are hurt on the job your first recourse is the workers compensation system – and your employer is responsible for your medical care and time lost from work. What if though, an outside company is partly to blame? The other party is ALSO liable for your injuries. Workers compensation may not fully cover your losses.

LEGAL UPDATE #84

Unions Challenge Sacramento’s Effort to Eliminate Retiree Health: 2) Employer’s Failure to Notify Employees about Prohibited Drugs Means They Cannot Impose Discipline. 3) Employer Held Liable For Sexual Harassment by Employees’ Supervisor: Court holds company responsible for a supervisor’s sexual advances on a female employee. 4) Termination of Employee Due to Pregnancy is Sexual Discrimination:

LEGAL UPDATE #85

1) Newspapers Assert “the Public’s Right to Know”: Names and Salaries of Public Employees ARE Subject to Disclosure.. 2) Council Can’t Make Disciplinary Decisions Without a Public Hearing:

3) Age Discrimination IS “Actionable.”4) Arbitrator’s Decision In Grievance Doesn’t Block Employee From Court Action: 5) Employer Can’t Access Your Voicemail without Your Consent:

LEGAL #86

1) Paychecks: In order to protect against identity theft, this amendment of the Labor Code requires an employer to show no more than the last 4 digits of an employee’s social security number or an existing employee identification number on an itemized check, draft or voucher. 2) Health Benefits: This ensures continuing health benefits to the surviving spouse of a firefighter or peace officer who dies as a result of an injury or disease sustained in the line of duty, 3) Employment Records: This bill revises the definition of “employment records” to include records maintained by any labor organization representing the employee. 4) Disability Retirement: Employees under the County Retirement laws (not PERS) who are incapacitated but who can perform other duties, will now, by law, be provided list of suitable openings.

LEGAL #87

1) Union DOES have the right to negotiate over workload 2) County Must Negotiate with the Union Prior to taking Labor Issues to a Vote of the Public 3) Change in Employee Parking Lot is Subject to Bargaining 4) Employer is Liable for Sexual Harassment – even if the Victim is a Contract Employee 5) Employee “Bumped Back” to Previous Position Need Not Submit to Background Investigation 6) County Cannot Remove ANY Current Employees from Retiree Health Plan Without Union Agreement

LEGAL #88

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1) Drug Testing of Library Page is Unconstitutional. 2) Proposed Law Would Require Public Notice before Retirement Upgrades. 3) State Legislature May Make Pension Fraud a Crime . 4) U.S. Supreme Court to Consider Protection for Employees who Testify for Co-Workers . 5) Cost Sharing Provision in MOU Is Unconstitutional.

LEGAL #89

1) Court Affirms Your Right to a Hearing Prior to Layoff – If the Layoff is a “Pre-text” 2) “Binding” Really Does Mean Binding in the Arbitration of Discipline 3) State Can Contract Out Services in an Emergency… But What IS an Emergency? 4) City’s Failure to Promote Employee with Hearing Aid Violated FEHA.

LEGAL #90

The law gives especially strong protection to employees who report public policy violations. When you complain “in good faith” to anyone at work about violations of any state or federal statute or any local regulation, you are protected against retaliation by your employer.

LEGAL #91

(1) AB3065. Employment opportunities for military retirees. (2) Military Code 395.06. Enforcement of Veterans Rights Laws (3) AB2023. Public Employee Disability Retirement (4) AB2838.1 PERS Law: Service Credit for Workers Comp Time (5) AB20221.5 PERS Law: Part-Time Employees must be Registered

Legal #94

(1) AB3065. Employment opportunities for military retirees. (2) Military Code 395.06. Enforcement of Veterans Rights Laws (3) AB2023. Public Employee Disability Retirement (4) AB2838.1 PERS Law: Service Credit for Workers Comp Time (5) AB20221.5 PERS Law: Part-Time Employees must be Registered

Legal #96

(1) City Building Inspector Who Reported Fraudulent Inspection Certificate For Mayor’s House is Protected Against Discipline Under First Amendment. (2) Supreme Court Says that Employees May be Protected Against Retaliation for Answering Questions During a Harassment Investigation. (3) California Legislature Takes Action Against Retirement Fraud. (4) PERB Overturns San Diego Retirement “Takeaways” (5) PERB Orders Count of Sonoma To Restore Retirees’ Health Plan. (6) Laid-Off Employee Has Re-Hire Rights Over New Job Applicants

Legal #97

1) Cities Must Provide Complete Information in Disciplinary Hearings 2) City Has Obligation to Notify Sick Employees of Their Rights Under the FMLA/CFRA 3) No Right To “Marital Privilege” As Grounds For Not Providing Information In Disciplinary Hearings

LEGAL #98

Courts Confirm that Employees Can’t Be Fired for Reporting Workplace Violence

LEGAL #99

1) Bankruptcy Court Invalidates City MOU’s; 2) Employer Must Pay for Off-Duty Job Related Training; 3)

Court Determines That Overnight Travel Need Not be Considered an “Essential Job Function” for Diabetic Employee Under the ADA ; 4) Employer Agrees to Make Religious Accommodations to Settle Department of Justice Lawsuit; 5) Whistleblower Does Not Have to Exhaust “Internal Remedies” Before Filing Suit

LEGAL #100

1) Employee Not Entitled to Union Representation During an Investigatory Meeting initiated by his own Complaint 2) Employees Must File a Claim with their Employer Before Suing for Reimbursement 3) Public Employee Wins Retaliation Case Where He was Terminated After Leaking a memo to the Media

LEGAL #101

1) Employee Cannot Be Terminated on Basis of Personal Loyalties; 2) Court Finds that Employer’s Statement that Men have a Propensity to Harass Women Indicates Bias in Decision to Terminate

LEGAL UPDATE #102

1)Terminating Female Employees for Breastfeeding May be Considered Gender Discrimination 2)Retiree Benefits Can’t Be Changed Without Bargaining 3)PERB Affirms the Right of Access To Worksites for Union Meetings 4)New Regulations Regarding Gifts To Public Officials

LEGAL UPDATE #103

1) Employee Can’t be Terminated for Discipline and for Disability at the Same Time 2) District Can’t Reprimand Employee for Filing Unfair Practices Charge 3) Union has Absolute Right to File Grievance in Its Own Name 4) State Can’t Discipline Job Steward for “Disrupting the Workplace”

LEGAL UPDATE #104

1) City Compelled to Honor Bus Drivers’ System of Promotion-By-Seniority 2) Correctional Facility Employees Entitled to Pay for Picking Up and Dropping Off Equipment 3) Court Rejects Sexual Harassment Complaint Because Employee Waited A Year Before Reporting

LEGAL UPDATE #105

1) ADA & Rehabilitation Act Protect Whistleblowers against Retaliation 2)Employer’s Failure to Promote Can Be Evidence of Discrimination 3) Sexual Harassment Can Be Grounds for “Constructive Discharge” 4) Suggestion About Retirement is Not a Constructive Discharge

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LEGAL UPDATE # 106

(1) Contract Employees CAN Be Union members (2) Federal COBRA Benefits Improved and Extended Through February 2010 (3) Employees May be Protected when they Make an Honest Mistaken Overtime Claim (4) Employers Can’t Ask Employees to Waive their Appeals Rights as Part of a “Last Chance” Agreement (5) Employer Can’t Cite Minor Rule Violations to Cover Up Age Discrimination

LEGAL UPDATE #107

(1) District Can’t Use Threat of Layoffs to Interfere with Union Drive (2) Sacramento County Ordered to Reinstate Retiree Medical Plan

LEGAL UPDATE # 108

(1) PERB reminds employers they can’t take duties out of bargaining unit, or change policies without bargaining (2) District Can’t Transfer Duties Outside of Bargaining Unit (3) Duty to Negotiate Change in Past Practice (4) Duty to Negotiate Over a Change In Policy

LEGAL UPDATE #109

(1) City Cannot Use Press Release to Bypass Communications with Union; (2) Police Chief Fired for Drinking & Driving Can’t Claim Disability Discrimination; (3) Tougher Rules for Agencies Wishing to file for Bankruptcy Approved; (4) Improvement in Pregnancy Disability Law

LEGAL UPDATE #110

(1) Freedom Of Speech Does Not Necessarily Protect You From Administrative Discipline;

(2) Whistleblower Not Required To Exhaust All Remedies Before Suing For Job Loss; (3) Employer’s Failure to Pay Same Insurance Rates for All Employees is Not Discrimination; (4) Another Group of Employees Tries to Win PERS “Safety” Benefits – and Fails; (5) District’s Failure To Provide Accurate Performance Evaluation Is Grounds for Legal Action

LEGAL UPDATE #111

(1) Employer Many NOT Discontinue Medical Contributions to Retirees, Even If the MOU has Expired or Changed (2) Public Employee Pension Contributions Are Subject to Garnishment (3) Neither Negative Comments on Satisfactory Performance Review nor a Referral to the “EAP” are Considered Discipline

(4) Non-Member Can’t Demand to Vote on Union Matters – even a Furlough Vote

LEGAL UPDATE #112

(1) School Can’t Remove Employee From Eligibility List in Retaliation for Filing Grievances

(2) Employer Cannot Put Employee on “Performance Improvement Plan” Due to Military Leave (3) Employer Can’t Ask for “Overly Broad” Medical Information or Refuse to Provide ADA Accommodation (4) Only the Union (not individual employees) has the right to bargain; and it must REQUEST to bargain in a timely manner (5) Courts Can’t Overrule Negotiated Arbitration Agreement – even to Fire a Sexual Harasser.

LEGAL UPDATE #113

(1) County Didn’t Violate Police Officer’s Right to “Freedom of Association” by Terminating him for his Relationship with Known Drug Addict and Prostitute (2) City Can Secure Injunction Against Residents Who Threaten City Employees (3) Teacher’s Reading Assignments Didn’t Establish “Protection” Under First Amendment

LEGAL UPDATE #114

(1) Employer who is Aware of Harassment is Liable if No Preventative Action Taken (2) Public Employee Entitled to Minimum Wage for All Working Time (3) Communication to Attorney Over Company’s E-Mail is NOT “Privileged Information” (4) Background Checks Could Require Information About Prior Drug Abuse

LEGAL UPDATE #115

(1) Supervisor May be Held Liable for Deliberate Indifference to Unconstitutional Conduct of Subordinates

LEGAL UPDATE #116

(1) The Federal Law protects employees against retaliation - Even for verbal complaints (2) An employer is responsible for justifying why they failed to reinstate an employee on FMLA (3) Seniority rules Negotiated with one union are not necessarily applicable to employees in a different organization (4) When “Religious freedom” Crosses the Line

LEGAL UPDATE #117

1) County can discipline employee for threats of violence, even if these are brought on by disability

(2) Employer can’t use “focus group” to undercut bargaining (3) Police officers cannot refuse to cooperate with city’s investigation of overtime expenses

LEGAL UPDATE #118

(1) information about retirees and amounts of their pensions must be disclosed (2) Overtime pay for off-duty text messages

LEGAL UPDATE #119

(1) Court Compels City to Conduct Disciplinary Hearing; Employee Not Barred from Appealing Termination Because She Retired (2) No Privacy in a Railway Cab (3) Employee Who Fails to Provide Proof of Medical Condition CAN BE Terminated.

LEGAL UPDATE #120

City Was Required To Give Union a Copy Of Harassment Investigation Report (2) Tracking Employees in Employer-Owned Vehicles Via GPS.

LEGAL UPDATE #121

(1) Court Says Last Chance Agreement Doesn’t Cancel Out Employees’ Due Process Rights (2) District Can’t Interfere with Employee’s Constitutional Rights because it Suspects Disloyalty (3) Social Workers Are Not Exempt From Overtime Pay (4) Last year the social workers for the State of Washington filed a claim with the Fair Labor Standards (5) EEOC Cases Remind Employers to Comply With the ADA

LEGAL UPDATE #122

(1) AB 195. Cities Must Provide Accurate Financial Information (2) SB 299. No Discontinuation of Health Benefits for Employees on Pregnancy Leave (3) AB 592. Accommodation for Pregnant Employees (4) AB210. Health Plans Must Provide Maternity Services (5) AB 22. Limits on Employers’ Ability to Gather Credit Reports on Employees (6) AB23. Transparency of Compensation for Attending Public Meetings

(7) AB506. Raises Threshold for Declaration of Bankruptcy for California Public Agencies (8) AB 1028. PERS Law: Greater Restrictions on “Double Dipping”

LEGAL UPDATE # 123

(1) Legislature Fixes Gap in Health Care Coverage During Pregnancy Leave (2) New Law Limits Executive Compensation (3) Court Determines that Injured Volunteer Firefighter was a County Employee for Workers Compensation Purposes

LEGAL UPDATE # 124

(1) Employer Can’t Place Employee on Unpaid Disability Leave Without Due Process (2) Claim of Mental Illness Doesn’t Protect Employee From Discipline for Violent Behavior (3) Method for Calculating Retirement Benefits Can be Considered a Vested Right (4) Court Expands Employers' Ability To Obtain Workplace Violence Restraining Orders (5) AB 1028, Limits Agencies’ Ability to Reemploy “Special” Retirees.

LEGAL UPDATE # 125

(1) Retirement after Termination Does NOT Waive Your Right to Arbitration (2) Questioning about a Projected Retirement Date May Constitute Age Discrimination

LEGAL UPDATE # 126

(1) No Search And Seizure Of Public Employees’ Home (2) Employer Can’t Discriminate Against Officers who Spent Time in Iraq War (3) Right to Collect Overtime Based on Job Duties, not Title (4) Court Reinforces Public Employees’ Free Speech Rights

LEGAL UPDATE # 127

(1) City Can’t Convert Permanent Employees To “At Will” (2) Employer Cannot Refuse To Bargain Over “Impact” Of Contracting Out (3) County Can’t Discipline Employee If “Skelly Notice” Is Flawed (4) PERB Orders Long Beach To Reimburse Employees For Years Of Un-negotiated Furloughs

LEGAL UPDATE # 128

(1) Judge Orders City to Rescind Discipline to Union President (2) District Cannot Put Entire Bargaining Unit “on Vacation” (3) Board Says Contract Negotiations Cannot Undercut Law (4) Fear of Ex-Husband Not Sufficient Grounds for Bringing Gun to Work (5) Employee was Not Eligible for Unemployment Benefits After Termination for Refusing to Sign a Disciplinary Memo (6) PERS Service Credit Purchased During (7) City Can’t Impose Last, Best, and Final Offer Without Exhausting Fact-Finding Procedure.

LEGAL UPDATE # 129

(1) Probationary Employees have Protection Against Retaliation (2) Employer Can’t Eliminate “Past Practices” (3) No Subcontracting Without Bargaining (4) Employee Who Used Shoe Allowance to Buy Shoes for a Friend Was Entitled To Unemployment Benefits.

LEGAL UPDATE # 130

(1) Zero-Tolerance Policy Must be Negotiated (2) City Cannot Implement “Last Best Offer” Without Going through Impasse Procedure (3) City of Lompoc Failed to Bargain in Good Faith (4) County Must Give Reasonable Notice, even over “Non-Negotiable Subjects” (5) New Law Protects Unions’ Right to Fact Finding.

LEGAL UPDATE # 131

(1) New Law Prevents Employer From Demanding Personal Media Information (2) Be Careful What You Post! (3) Sex Discrimination Laws Now Cover Transgender Employees.

LEGAL UPDATE # 132

(1) University Can’t Refuse to Bargain Over “Effects” of Job Change ; (2) Employer Cannot Ignore Pregnancy Discrimination Law; (3) Butterball Settles Huge Overtime Claim.

LEGAL UPDATE # 133

(1) Courts Tell Another City It Can’t Cancel Retiree Medical Health Plan; (2) Age-Related Comments Alone Don’t Prove Discrimination; (3) Employer Can’t Terminate Employee who Insists on Religious Accommodation.

LEGAL UPDATE # 134

(1) Employee has right to representation at investigatory meetings (2) City is responsible for back pay because it failed to negotiate a stand by procedures (3) City may not demand coordinated bargaining (4) Union must listen to its members before signing side letter (5) Employees are protected from retaliation (6) Union leader statements at labor-management meetings are protected (9) Employers must provide notice and an opportunity to meet and confer.

LEGAL UPDATE # 135

(1) Employer Must Only Make “Reasonable Effort” to Accommodate Religious Needs; (2) Employer Isn’t Required to Continue to Employ Veteran with Poor Work Performance; (3) Long Beach Furlough Case Results in PERB’s Adoption of Definition of “Impasse”

LEGAL UPDATE # 137

(1) Refusal to violate Municipal Code isn’t Considered Whistleblowing (2) Employee Can’t Sue for Discrimination if he Didn’t Raise Issue at Termination Hearing (3) Employer Can’t Designate Employees As “Confidential” in order to keep them out of the bargaining unit .

LEGAL UPDATE # 13

(1) Management Law Firms Can No Longer “Work Both Sides Of The Table” (2) PERB Orders District “Back To The Table” Over Surveillance Cameras

LEGAL UPDATE # 139

(1) Bill Limiting Cities’ Ability to Implement Charter Amendments “Looks Likely to Pass”

LEGAL UPDATE # 140

(1) Supreme Court Decision on “Defense of Marriage Act” Will Affect Thousands of Employment Laws

LEGAL UPDATE # 141

(1) Court Orders City of L.A. to Arbitrate Its Furlough Grievance (2) PERB Board Takes New (Pro-Labor) Stance on Unfair Practice Charges.

LEGAL UPDATE # 142

(1) Even “Convict Laborers” have right to Sue public agencies for discrimination. (2) Deputy Sheriff Can’t Be Disciplined for “Liking” The Facebook Campaign Page Of A Candidate for Sheriff. (3) Employer Committed Unfair Practice By Firing Employee For Making Comments On Co-Worker’s Facebook Page. (4) Employer Can’t Fire Employee for Taking Off for Father’s Burial Ceremony (5) Employer That Required Employee to Use Car for Work Was Liable for After-Work Collision

LEGAL UPDATE # 143

(1) PERB has expanded its definition of unfair bargaining (2) Victim of Sexual Harassment Can Sue for Wrongful Termination, Sexual Harassment does not have to be based on sexual desire, Unequal Treatment Can Support Employees’ Claim of Discrimination

LEGAL UPDATE # 144

(1) Supreme Court Agrees that CalPERS can sue credit-rating agencies (2) Religious Accommodation

LEGAL UPDATE # 145

(1) Supreme Court Defends 1st Amendment: Affirms Public Employees Can’t be Disciplined for Political (2) Law Protects Employees Who Must Assist Family Member With a Disability

SB 1439 (PERS)

Legislation now prevents public employees from “triple dipping:” collecting a PERS retirement allowance, becoming re-employed, part-time, (up to the 960 hour limit) and then collecting unemployment insurance compensation after the 960 hours have been exhausted.

LEGAL UPDATE - HIPAA

The Health Insurance Portability Accountability Act fills in many of the loopholes regarding your right to medical privacy. Your employer is prohibited from providing medical information about you and your dependents to any outside party without a signed release from you.

LEGAL UPDATE – LUBEY DECISION

Although the Courts have repeatedly ruled that At-Will and Probationary employees have no “property interest” in their jobs, there’s general agreement that they do not have “Skelly Rights,” the right to a full hearing prior to major discipline or termination. This does NOT mean, however, that they have no rights. The “Lubey Decision,” established the right of a non-permanent employees a “name-clearing hearing” if the employee has been terminated for reasons that might stigmatize them for future employment.

LEGAL UPDATE- “WAL-MART LAW”

Using the Federal Retirement law (ERISA) as its justification, a District Court in Maryland has advised that the state cannot enforce a law requiring corporations to pay into a state-administered health care fund. This decision pitted the interests of the Retail Industry Leaders Association (of which the largest member is Wal-mart) against the State’s tax-payers, who have been paying the health care bill for working people who’s employers provide no health care. Although there is no direct impact on employees in California, this ruling is significant: when large businesses continue to pass the cost of health care onto to government, state and local budgets continue to be drained.

LEGAL UPDATE- LAST NIGHT’S DRINK COULD ENDANGER YOUR JOB!

Changes in the Department of Transportation substance-testing rules could mean that last night’s beer might endanger your job. The new rules require that if your breathalyzer result is 0.02% or higher, you will be re-tested for confirmation, with the results reported to your employer.

LEGAL 6-96

The following are some significant Court decisions which further the rights of public employees in California. 1)Employer Can't Fire Drug Abusers If Testing Procedure Wasn't Negotiated. 2) "Public Policy" Demands Drug Testing??? 3) Laid Off Employees Must be Reinstated Until Agency Meets and Confers.

LEGAL UPDATE NO. 145

1) Whistleblowing employees protected from retaliation even where they are not the first to report wrongdoing and even if the authorities are already aware. 2) Employer may compel an employee to have a medical exam as a condition of continued employment where required by ‘business necessity’. 3) PERB decision - municipal code changes which affect collective bargaining procedure are mandatory subjects of bargaining and city must negotiate with the union about them.

LEGAL UPDATE NO. 147

1) County Can’t Refuse to Process Tuition Reimbursement Pursuant to Terms of Expired MOU

2) State of Washington Did Not Violate Discrimination Law By Reserving 110 Jobs for Female Employees 3) Political Activist Was Speaking as a Private Citizen, Not a Public Employee, When He Posted Negative Information About an Employee on His Personal Blog 4) An Employer Can’t Refuse to Allow Union Member to be on Bargaining Team

LEGAL 148

Media Can’t be Barred From Publishing Potentially Confidential Information. It appears that the only time public employees can reasonably expect the Courts to protect their confidential information is when the information has been obtained illegally, in violation of privacy laws. Employer Must Pay for Mandatory Training. Labor Code section 2802 provides that an employer "shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…."

LEGAL 149

(1) White Employee with Black Spouse Has Grounds for Racial Harassment Claim (2) Public Employees Don’t Need to Exhaust Local Grievance Procedure before Filing Overtime Claim (3) Employee fired after Revealing Mental Disability Has Grounds for ADA Suit (4) Lottery Board Can’t Assign Employee to Position Slated for Layoff in order to Avoid Disciplinary Procedure

LEGAL 150

(1) Fact Finding is Available for ANY Bargaining, Not Just MOU Negotiations (2) State May Withhold Funding to Charter Cities that Evade Employment Law (3) State Supreme Court Says “Employees Have the Right to Sit Down!”

LEGAL 152

(1) Employer Can’t Refuse to Pay for Innocent Employee’s Legal Defense (2) Hearing Officer Can’t Base Decision on Evidence Which County Failed to Produce in Original Discipline Notice (3) Union Gains Right to Strike Once Impasse is Declared (4) Fuzzy Communication Causes Union to Lose Right to Fact-Finding

Labor Relations Updates

LEGAL 153

(1) Employer Must Pay Missing Dues to Union (2) Employer Can’t Refuse to Provide Information

LEGAL 154

(1) Employees Who Win Reinstatement Are Entitled To Retroactive PERS Credit (2) Public Employer Cannot Delete Vacant Positions Without Bargaining (3) Employer Has Obligation To Bargain When It Reorganizes (4) Employers Must Provide Evidence Of “Imminent And Substantial Threat” In Order To Stop A Strike

O T H E R D O C U M E N T S

TEAM TRAINING: NEGOTIATIONS GUIDELINES

Researching employees' needs. Analyzing the law and the city rules. Surveying the membership. Selecting the team. Writing and reviewing the package. Groundrules. Individual proposals. Table etiquette. Trading. Using the membership, the media, the Council. Sustaining communications. Management tactics. Mediation and fact-finding. Ratification or?

PUBLIC SECTOR ORGANIZING: HOW TO RECRUIT MEMBERS.

Techniques for reaching non-members. Incentives. Denial of services to non-members. Advantages of "the carrot" over "the stick”. (Advocacy to good employees, rather than denial of benefits.) Pre-negotiations activity. Using the Board. Special programs for special members. Social events. Bonus programs. The role of the newsletter, the office, group grievances, professional staff, etc.

ASSOCIATION BOARD TRAINING

Legal responsibilities of organization, including Duty of Fair Representation. How to represent co-workers in grievances & disciplinary matters. Laws affecting "local government" employees. Role of Association committees. Role of professional staff and/or attorneys. Obligation to non-members. How to handle conflicts between co-workers, complaints from public, relations with City Council, etc.

GENERIC CITY EMPLOYEES ASSOCIATION BY-LAWS

Purpose of Organization. Role of Board and officers & membership. Election proceedings, etc.

RECOMMENDED POLICIES FOR A GRIEVANCE & ARBITRATION COMMITTEE

Rules for deciding how and when to proceed to Civil Service hearings or arbitration. "Quality control" and oversight of staff. Legal obligations of organization. Model grievance/disciplinary procedures for future negotiations.

“NO FREE LUNCH” FOR NON-MEMBERS

Association right to not to pursue cases that lack legal merit and right to assign representative of choice to cases.

PRE-NEGOTIATIONS MEMBERSHIP SURVEY

Format for extending & prioritizing bargaining choices for membership; to be distributed with article entitled “How Negotiations Works”

SAMPLE BYLAWS FOR PUBLIC SECTOR EMPLOYEES ASSOCIATIONS

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Very simple, straightforward bylaws with emphasis on representative democracy and enabling organization to conduct business legally and efficiently.

DOCTOR'S DESIGNATION FORM

Very important that each employee designate your own doctor in case of injury on the job. Otherwise, you will be treated by a doctor who works for the city/district and not you. If you are making a medical claim against the City, will the city doctor have your interests as his priority?

WHAT IS THE PURPOSE OF OUR EMPLOYEES ASSOCIATION?

Explains benefits of having employee organization – in both the short term and long term. Helps answer

member’s / non-member’s questions about Why Belong?

WELCOME TO THE ASSOCIATION

Document for your association to hand out to new employees or non-members, explaining the services your organization provides. Also: information about role of your Association in the workplace.

"DON'T FORGET:" SUMMARY OF LEGAL/PROFESSIONAL SERVICES PROVIDED TO ASSOCIATION MEMBERS

Lists types of legal matters which CEA attorneys can help members address.

AGENCY SHOP "DECISION MAKER:"

Step by step guideline for associations: how & why to implement an Agency Shop agreement. Sample petitions, side letters, ballots, notices to non-members.

ABOUT CITY EMPLOYEES ASSOCIATES

List of all services provided to client associations. Biographies of CEA staff. List of all current clients.

ABOUT AGENCY SHOP

What is agency shop? How has the law changed? What kinds of employees and associations are eligible? What is the difference between a member, a fee-payer and a religious objector? What is the employer's role? How is a successful agency shop election determined?

AGENCY SHOP SIDE LETTERS AND FORMS

Sample agreement between Association and employer for implementation of agency shop. Sample forms for distribution to non-members and new employees.

“KNOW YOUR RIGHTS” QUIZ

How well do you understand your rights on the job? California labor law changes quickly, but almost always for the good of the employee. This is a quiz that includes questions and answers to see how much you know.[pic][pic][pic]

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