Best Best & Krieger News Feed

Free BB&K Webinar Series: Prop. 64 - Marijuana, Employer Policies and Employee Rights

14 Dec 2016 00:00:00 -0800

On Nov. 8, California voters approved Proposition 64, legalizing recreational use of marijuana. Prop. 64 promises to usher in a new era, with the growth of the recreational marijuana industry and changing attitudes toward marijuana use, and with it, new challenges and opportunities for local governments, regulators, local staff, and the entrepreneurs and landowners who will be vital to the growth of the new industry. For the past several years, Best Best & Krieger has worked on the cutting edge of marijuana issues, drafting dozens of regulations and advising public agency clients in their efforts to create marijuana policies that serve their best interests. Now, BB&K is introducing a webinar series to map out this brave new world.

Second Webinar - Dec. 14:
"Marijuana, Employer Policies and Employee Rights"
As many states, including California, Nevada, Maine and Massachusetts, have passed laws for the legal use of marijuana, employers are left questioning their drug use policies. Explore this important issue in light of federal and state laws, and existing employer policies. We'll discuss whether an employer can discipline an employee for off-hours and off-site use or influence, if it makes a difference if use is for medical or recreational reasons, and if employers can still lawfully implement zero-tolerance drug use policies. You'll also learn how employers might accommodate medical marijuana use. Find out what should and should not be included in your policy to ensure that any actions you are taking based on that policy will not subject your business or agency to lawsuits or legal challenges.

Who Should Attend:

Human resources professionals
Public agencies and private businesses
Managers who handle personnel issues
General and in-house counsel
Officials, management and staff at all levels who may have an interest in marijuana-related policies
Entrepreneurs hoping to enter the marijuana industry

When:
Wednesday, Dec. 14
10:30 - 11:30 a.m. PST

Click here to register.

Click here for questions.

Future Prop. 64 Webinar Topics - Dates to be Announced Soon:

Tax and Ballot Measure Implications
Land Use and CEQA Implications
Public Safety Implications

Marijuana is Legal. How Should Employers Respond?

12 Dec 2016 00:00:00 -0800

Proposition 64 passed, what do you do now? Best Best & Krieger LLP Partner Joseph Ortiz will share best practices and tips on how to navigate the coming months and how to prevent workplace lawsuits. Discover how the legalization of marijuana may impact your business and determine your next steps as an employer.

When
Monday, Dec. 12
7:30 - 9 a.m.

Where
Greater Riverside Chambers of Commerce
Bourns Boardroom
3985 University Avenue
Riverside, CA 92501

For more information and to register, click here.

[VIDEO] BB&K Webinar: Annual Labor & Employment Update 2016

08 Dec 2016 00:00:00 -0800

BB&K Labor and Employment attorneys discussed new legislation and case law impacting California employers - private and public.

What was discussed:

New legislation
Wage and hour update
Harassment, discrimination and retaliation
Disability discrimination and medical leaves
Benefits update including discussion of the Affordable Care Act and the Flores case
Marijuana in the workplace
Public agency cases and updates

This activity has been approved for minimum continuing legal education by the State Bar of California in the amount of two (2) hours of General Participatory credit. Best Best & Krieger LLP certifies that this activity conforms to the standards of approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Best Best & Krieger LLP is a State Bar of California Approved Provider, #1035.

When:
Thursday, Dec. 8
9:30 - 11:30 a.m. PT

Click here for questions.

Materials
Annual Labor & Employment Law Update
New Legislation and Case Summaries

To view a recording of the webinar, click here.

[VIDEO] Free BB&K Webinar Series: Prop. 64 - Legalized Marijuana: Challenges and Choices

30 Nov 2016 00:00:00 -0800

Free Webinar Series on Proposition 64
On Nov. 8, California voters approved Proposition 64, legalizing recreational use of marijuana. Prop. 64 promises to usher in a new era, with the growth of the recreational marijuana industry and changing attitudes toward marijuana use, and with it, new challenges and opportunities for local governments, regulators, local staff, and the entrepreneurs and landowners who will be vital to the growth of the new industry. For the past several years, Best Best & Krieger has worked hard to keep itself on the cutting edge of marijuana issues, drafting dozens of regulations and working with public agency clients to create marijuana policies that serve their best interests. Now, BB&K is introducing a webinar series to map out this brave new world.

First Webinar - Nov. 30
"The Basics - Cultivating New Regulations and Confronting New Challenges Presented by Marijuana Legalization"
In this first installment, BB&K attorneys Victor Ponto and Jordan Ferguson walked through the Prop. 64 basics: What the law does, what is allowed and not allowed, how local governments can regulate, and the timelines for implementation.

Who Should Attend:

Elected officials
City managers
Planning directors
Finance directors
Police department officials
Fire department officials
Building inspectors
City staff at all levels who may be involved in permitting, enforcement, or policy
Landowners or landlords
HOA members
Entrepreneurs hoping to enter the marijuana industry

When
Wednesday, Nov. 30
10:30 - 11:30 a.m. PST

Click here for questions.

Future Prop. 64 Webinar Topics - Dates to be Announced Soon:

Employer Implications of Prop. 64
Tax and Ballot Measure Implications
Land Use and CEQA Implications
Public Safety Implications

Materials
Prop 64: The Basics - Cultivating New Regulations and Confronting New Challenges Presented By Marijuana Legalization

To view a recording of the webinar, click here.

Best in Law: Employers, Be Aware of Just-signed Laws

28 Nov 2016 00:00:00 -0800

By D. Brian Reider

As we wind up this year and look back on the election, legislation passed in California and recent court decisions, there are multiple issues for employers to watch for in the next year, and beyond. Two recently signed bills are worth note.

First, if a business establishment has “single user” restrooms available to the public, Assembly Bill 1732, recently signed into law by Gov. Jerry Brown, requires that, by March 1, the restroom be identified as “all gender” and be universally accessible. New signage must be installed to make it clear that the restroom is not intended solely for males or females. A “single user” restroom has no more than one water closet and one urinal and a locking mechanism controlled by the user.

Second, Brown signed Senate Bill 1234, which mandates that, eventually, all California businesses that employ at least five employees offer a retirement savings plan or make automatic payroll deposits into a state-sponsored program for the benefit of those employees.

The California Secure Choice Retirement Program will require that, at some point, (probably not until 2018), workers whose companies do not offer a retirement plan will have 3 percent of their wages deducted. The wages will be deposited into an account overseen by a soon-to-be-created state board. Workers can opt out of the deduction.

Another topic of concern for employers coming out of the election is the passage of Proposition 64, known as the Control, Regulate and Tax Adult Use of Marijuana Act. Effective immediately, adults 21 and over may legally use and grow marijuana for personal use, and, beginning in January 2018, it will be legal to sell the drug.

The Act contained a number of protections for employers, who will be allowed to develop or maintain drug-free workplace policies, regardless of whether the marijuana use is medicinal or recreational. Employers are also allowed to continue pre-employment screening and limited testing of current employees for marijuana. The policies a company will need to protect itself are complex, and a knowledgeable attorney should be consulted to ensure compliance with both California and federal laws.

Finally, one recent California court decision is worth mentioning. It relates to what must appear on an employee’s wage statement – a mundane sounding issue that can have serious implications if an employer is sued for failure to comply with state law.

In Soto v. Motel 6, Operating L.P., an employee class action claim was filed in which it was alleged that the employer failed to include the monetary amount of accrued vacation pay in the employees’ wage statements. This was claimed to be a violation of California Labor Code section 226, which has detailed requirements for what must be on a wage statement.

The Court of Appeal upheld a trial court decision that dismissed the lawsuit, holding that, under section 226, accrued vacation was not required to be listed on the paystub. The reason, fundamentally, was that the purpose of the wage statement is to tell the employee what they are actually being paid at that time so they can object to any omissions or inconsistencies. The case serves as a good reminder that every employer should have an expert review employee paystubs to ensure that all required information is included.

This article first appeared in the Press-Enterprise on Nov. 27, 2016. Republished with permission.

AB 1825 Sexual Harassment Avoidance Training Webinar (November 16, 2016)

16 Nov 2016 00:00:00 -0800

California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with 50 or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee who has a supervisory role in operations. This presentation is designed to satisfy those requirements.

Joseph Ortiz will present the training via a live webinar. The webinar is interactive, allowing attendees to ask questions.

The webinar will cover:

What constitutes sexual harassment and discrimination in the workplace
How to recognize and avoid harassment
What procedures to follow if you witness harassment or are harassed yourself
The potential consequences - including personal liability - of harassment
Training and discussion on abusive conduct in the workplace ("workplace bullying"), in compliance with AB 2053
New FEHA regulations that took effect April 2016

Who should attend:

Supervisors
Human Resources Professionals
Public Officials
Managers & Private Business Professionals with 50 or More Employees

When:
Wed., Nov. 16, 2016
10 a.m. - noon PT

BB&K Presenter:
Joseph Ortiz, Partner
Labor & Employment Practice Group, Riverside office

Cost:
$50 per person

Please provide payment before the training. Otherwise, you will not be able to join the webinar or receive a certificate of completion. Colleagues must register separately.

Registration:
To register for this webinar, please click here.

Deadline for registration and payment is Monday, November 14.

Payment:

Urban and Rural: Tying the Partnership Together

16 Nov 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 California Association of Resource Conservation Districts' 71st Annual Conference in Ontario, Calif.

BB&K Speakers:

Steve Martin and Nancy Stubbs: "The California Public Records Act - What your District Needs to Know Now"
Jordan Ferguson: "New Horizons: Drones and Regulatory Challenges for the 21st Century"
Thursday, Nov. 17
1:45 - 3 p.m.

Roger Crawford: "The Legal Options and Pitfalls to Avoid when Sharing Employees among Districts"
Friday, Nov. 18
9:45 - 10:45 a.m.

Steve Anderson: "How RCDs can Participate in the Implementation of the Sustainable Groundwater Management Act"
Friday, Nov. 18
3:20 - 4:30 p.m.

When
Wednesday, Nov. 16 - Saturday, Nov. 19

Where
DoubleTree by Hilton Hotel Ontario Airport
222 North Vineyard Ave.
Ontario, CA 91764

For more information or to register, click here.

PIHRA 2016 Legal Year in Review

10 Nov 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Joseph Ortiz will present “2016 Legal Year in Review,” for the Professionals In Human Resources Association. This presentation focuses on the laws that the savvy HR practitioner should know about, and the significant changes that occurred in Human Resources in 2016. The presentation will include a roll call of the most recent employment-related laws passed by the California Legislature, as well as a "best of" summary of the five biggest legal changes that occurred in 2016. Included will be a discussion of the status of the new white collar exemption salary requirements, new gender protection issues, and much, much more.

When
Thursday, Nov. 10
11:30 a.m. - 1:30 p.m.

Where
Best Best Krieger
3390 University Ave.
5th Floor
Riverside, CA 92501

For more information or to register, click here.

Play hard. Play fair. Play together.

01 Nov 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 CALPELRA 41st Annual Training Conference in Monterey, Calif.

BB&K Speakers:

Isabel Safie and Katrina Veldkamp
"ACA Implementation: What Comes Next?"
Although it seems that the ACA is finally in full effect, the IRS continues to publish new guidance, and aspects of the ACA are in flux or have not yet been implemented. For example, the Cadillac tax – although it has been delayed until plan years beginning on or after Jan. 1, 2020, it is moving forward – in this session you’ll learn about its application and how it will impact your health benefit programs. This session will also focus on recent IRS guidance regarding ACA implementation, including new limitations on health reimbursement arrangement coverage and the effect of cash-in-lieu/opt-out programs on affordability calculations. In this session, you’ll also learn what the presenters have learned from the first year of employer reporting and what employers should change in 2017.
Wednesday, Nov. 2
1:30 - 3 p.m.

Alison Alpert and Joseph Sanchez
"You Can't Say That! Free Speech Issues In Public Employment"
Public employees’ right to free speech is more limited than that of the general public. Whether or not a public employer may take disciplinary action against an employee for speech-related conduct, however, is based on a developing body of case law that provides certain balancing tests and guidelines to determine if the speech is protected under the First Amendment. In this session, you’ll learn how you can legally address employee speech that impairs your agency's mission. The session will also highlight issues involving free speech in cyberspace, union speech, and special rules involving high-level policymakers.
Wednesday, Nov. 2
3:30 - 5 p.m.

Arlene Prater
"Severance and Last Chance Agreements: How to Negotiate and Draft Agreements That Comply With the Law and Protect Your Agency"
Drafting an agreement that best protects your agency, is acceptable to employees’ representatives, and complies with current legal standards can be a challenge. This session starts with an introduction to the benefits of using these agreements and then covers specific provisions and standards, such as complying with recent EEOC and NLRB enforcement actions, restrictions on employment and employee behavior, Public Records Act and Brown Act requirements, waiving due process rights, and use for creative resolutions of discipline and layoff disputes.
Thursday, Nov. 3
10:30 a.m. - Noon

Alison Alpert
"When an Employee Says, 'I’ve Got My Medical Marijuana Card,' What Can an Employer Do?"
Medical marijuana is in the news. As many states, including California, pass laws for the legal use of medical marijuana, employers are left questioning their drug use policies. Explore this important issue in light of federal and state law and existing employer policies. You’ll learn whether an employer can discipline an employee for off-hours and off-site use or influence, when it is pursuant to a valid prescription, or for off-hours and off-site recreational use, whether employers can still lawfully implement zero-tolerance drug use policies, and whether medical marijuana use must be accommodated. You’ll also learn how employers might accommodate medical marijuana use, if they choose. Learn what should be included in your policies to ensure that any discipline will be upheld on appeal, and leave this session feeling relaxed, knowing you’ve learned how to comply with the law.
Thursday, Nov. 3
3:30 - 5 p.m.

When
Tuesday, Nov. 1 - Friday, Nov. 4

Where
Portola Hotel & Spa at Monterey Bay
Two Portola Plaza
Monterey, CA 93940

and

Monterey Marriott
350 Calle Principal
Monterey, CA 93940

For more information or to register, click here.

Recognizing Stars: State of the City Event Honors Hesperia's Difference Makers

21 Oct 2016 00:00:00 -0800

At the City of Hesperia's State of the City 2016 luncheon on Oct. 17, "Mayor Bill Holland said the room was full of 'superstars'." Among the community leaders who were recognized was BB&K attorney Thomas O'Connell "for his role 'in helping to spearhead the effort to create a Hesperia for future generations through the Hesperia 2034 program.'"

For more information regarding the Hesperia 2034 program, click here.

To read the entire article, which ran Oct. 17, 2016 in the Victorville Daily Press, click here.