California Public Agency Labor & Employment Blog

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On or about June 8, 2023, a law firm filed a complaint of discrimination with the Civil Rights Department (“CRD” [formerly the Department of Fair Employment and Housing]) and requested a right to sue notice on behalf of a former employee of Lake County who received a disability retirement through the California Public Employees’ Retirement System (“CalPERS”).  The narrative of

On March 15, 2023, CalPERS issued Circular Letter 200-014-23, setting forth new requirements that contracting agencies must follow when determining whether local safety members are substantially incapacitated from performance of their usual duties for the purposes of a disability retirement.  Specifically, under Circular Letter 200-014-23, agencies are now required to submit additional documentation and information to CalPERS, including several

Background

On September 27, 2021, Governor Newsom signed Senate Bill (SB) 278, which adds Government Code section 20164.5 and will go into effect on January 1, 2022. SB 278 greatly increases the potential costs to CalPERS agencies for reporting errors, by creating new and in some cases retroactive financial exposure for CalPERS agencies already struggling to fund their pension

The problems facing public agencies, many of which are struggling just to keep their heads above water, may get much worse in the near future.  The California Legislature is currently debating Senate Bill (SB) 278 (Leyva), which if passed would create new and in some cases retroactive financial burdens and uncertainties for local public agencies already struggling to fund their

The California Public Employees’ Retirement System (“CalPERS”) substantially increased the number of public agency audits it conducted last year.  As discussed in our previous post, the audit process can be long, complex, and time-consuming.  An audit can also result in significant liability or administrative headache for an agency when its reporting practices and labor agreements are not in compliance

If your agency is a contracting agency with the California Public Employees’ Retirement System (CalPERS), chances are you have heard about the important distinctions between an “employee” and an “independent contractor” under the Public Employees’ Retirement Law (PERL).  Whether an individual is an “employee” or an “independent contractor” determines whether the individual must be enrolled in CalPERS under certain circumstances