Something Wicked This Way Comes: Janus v. AFSCME
Robert Bonsall, PORAC Corporate Counsel
The United States Supreme Court will issue a decision in Janus v. AFSCME in the near future. The question in this case is whether public sector agency fee arrangements should be declared unconstitutional under the First Amendment. An adverse decision in Janus v. AFSCME will undermine the financial viability and political clout of public sector labor organizations. Public sector unions, including peace officer associations, must prepare for the worst.
So You Thought 60 Years of Established and Unchallenged Law Would Protect Your Pension? Not So Fast . . .
Timothy Talbot, Attorney, Rains Lucia Stern St. Phalle & Silver
In November of 2012, public employees in several Northern California counties sued to protect their pensions from newly adopted provisions of the Public Employees’ Pension Reform Act (“PEPRA”). The lawsuits were filed to stop various county retirement systems from retroactively eliminating vested pension benefits. The trial courts in Marin and Contra Costa Counties ultimately sided with the respective pension plans and ruled against the public employees.
Other cases were decided by the First District Court of Appeal and ignored 60 years of pension law that protected vested public employee retirement benefits.
The California Supreme Court has formally accepted the Marin and Cal Fire cases for review pending the decision of the First District Court of Appeal in the Alameda/Contra Costa County case. Once the Alameda/Contra Costa case has been decided, there will likely be an appeal to the Supreme Court. All these cases will be addressed jointly by the Supreme Court.
Legislative & Political Action Update
Randy Perry, PORAC Lobbyist, Aaron Read & Associates
A review of last year’s passed legislation that affects PORAC members, as well as this year’s pending legislation. We’ll look at the upcoming 2018 elections and bills.
FLSA Tactical Training for Law Enforcement: The Basics, Emerging Issues, and Defeating Management Dirty Tricks to Undermine the FLSA at the Table
David E. Mastagni, Attorney, Mastagni Holstedt, A.P.C.
L.E. union leaders will obtain a basic understanding of the Regular (OT) Rate calculation, off-the-clock claims, 207(k) partial exemptions and offsets/credits. The class will also discuss recent cases and cutting edge issues such as, Holiday in Lieu Pay, Flores v. San Gabriel, sick leave incentive.
Bargaining training will be provided to identify and defeat management schemes to erode FLSA rights through subterfuge by establishing split rate OT calculations, declaring dormant 207(k) exemptions, and reclassifying salaried officers as hourly employees to avoiding paying full overtime on special comps.
Mind vs. Machine
Alison Berry-Wilkinson, Attorney, Berry Wilkinson Law Group
How Human Factors and the Camera Technology Influence Perceptions of Force Encounters.
What Every Board Member Needs to Know To Stay Out Of Trouble?
Rick Pinckard & Brad Fields, Attorneys, Bobbitt, Pinckard & Fields
A Survey of Critical Incident, Legal Defense, and Labor Issues Designed to provide a level of competence to new and existing board members.
POA Injury Recovery and/or Disability Toolbox: How to Help Your Members Navigate the Workers’ Compensation System
Steve Scardino, Attorneys, Geklaw
A variety of in-depth topics covering the basics of workers’ compensation. From statute of limitations, what you need to know about statutory injury presumptions or getting prompt medical care. Provide your association members with the optimal tools to traverse the system of workers’ compensation.