Recent Employment Law Decisions

California Supreme Court

Review Granted In “Pension Spiking” Case

MARIN ASSOC. OF PUBLIC EMPL0YEES v. MARIN COUNTY EMPLOYEES’ RETIREMENT ASSOC.

The petition for review is granted. Further action in this matter is deferred pending the decision of the Court of Appeal, First Appellate District, Division Four, in Alameda County Deputy Sheriff’s Association et al. v. Alameda County Employees’ Retirement Association et al., A141913 (see Cal. Rules of Court, rule 8.512(d)(2)) or pending further order of the court.

Cal. 11/22/16; Votes:  Cantil-Sakauye, Werdegar, Chin, Corrigan, Liu, Cuéllar and Kruger; ___ P.3d ___, 2016 WL 6923141 (Mem); COA decision at http://www.courts.ca.gov/opinions/revpub/A139610.PDF

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Message from the Chair
By Jean Hyams

Jean K. Hyams

Jean K. Hyams

In the wake of the election of a new President who has promised to target the communities and rights that we, as employment civil rights attorneys, have dedicated our lives to protect, the mission of CELA and organizations like ours has become even more vital. We must step up the fight to safeguard the rights of workers, communities of color, immigrants, people with disabilities, women, LGBTQ people, and others under attack.

In our first Board meeting following the election, the CELA Board developed a list of immediate actions we call on our members to take now, individually and collectively, to protect all workers, to organize and resist attacks on the advances that civil rights movements have fought so hard to attain and protect, and to strengthen our national community of advocates.

We ask all CELA members to join us as we:

  • Lend support to those who will be fighting for workers on the frontlines at the federal level and across the country;
  • Redouble our efforts within California to build the strongest possible coalitions with other civil rights organizations to ensure that our state serves as a beacon of hope and a model of the strength that comes when diversity is recognized and valued;
  • Gather and publicize accounts of workplace bigotry and attacks, along with the actions our members are taking to fight against a rise in harassment or discrimination;
  • Dedicate ourselves anew to live out CELA’s commitment to diversity within our organization; and
  • Support all CELA members in continuing to fight for California workers.

JOIN THE NATIONAL EMPLOYMENT LAWYERS ASSOCIATION TODAY

We are issuing a call for all CELA members to join the National Employment Lawyers Association today to support worker’s rights at the federal level and in states around the country. CELA will contribute $100 to NELA for every CELA member who joins NELA for the first time by December 12, 2016, up to a total contribution of $10,000. We are pleased to report that every member of the CELA Board has already made a personal commitment to heed NELA’s call for new members as a tangible sign of our solidarity.

NELA needs more resources immediately to expand its work in Washington, D.C. As NELA’s largest affiliate by far, CELA can make a big difference for workers who rely on federal law and for our colleagues around the country in jurisdictions where federal law is their only recourse to fight for their clients. Already, NELA has established a new Legislative Action Team and our national affiliate has dedicated to aggressively oppose the appointment of any federal judge whose record demonstrates antipathy to equal justice under law and employee rights.

Please join us in standing with NELA and state affiliates across the nation. To make a difference, visit the “Membership” page on the NELA website — www.nela.org. After you join NELA, please send an email to christina@cela.org so we can keep track of the difference CELA members are making.

KEEP CALIFORNIA LAWS STRONG FOR WORKER’S RIGHTS AND PROTECTIONS

CELA remains committed to ensuring that California law stands as a bulwark for all California workers and a beacon of hope for workers around the nation. We call on all CELA members to support our work in the State Capitol and with our coalition partners. California has, in large part, affirmed the values of inclusion and commitment to employment civil rights for all workers, regardless of their race, religion, ethnicity, immigration status, disability status or sexual orientation and gender identity.

If you are looking for a concrete place to contribute, please get involved in our legislative efforts. This year, CELA’s Legislative Committee and Policy Director Mariko Yoshihara are developing a program to facilitate CELA members meeting with their state representatives at local district offices. Now more than ever, we need CELA members to develop relationships with their representatives. Please be ready to answer the call for participation in this important program.

EXPOSE BIGOTRY WHEN IT MANIFESTS IN CALIFORNIA WORKPLACES

Very importantly, we also need you to tell us what you are hearing from your clients. The election discourse has unleashed virulent and violent white supremacy, xenophobia, anti-Muslim and anti-Semitic bigotry, and more. Now more than ever, CELA members will be called to protect California workers from harassment and discrimination. When you hear from a worker targeted by individuals emboldened by the President-Elect’s ascendency, please contact Mariko Yoshihara at mariko@cela.org. Tracking reports of these types of incidents will help us to better advocate for strong employment protections and will inform our coalition work with other civil rights organizations.

STRENGTHEN OUR RESOLVE TO BUILD CELA’S INCLUSIVE COMMUNITY

We have long voiced our commitment to ensuring diversity and inclusion within CELA and in the legal system in California. CELA has lived that commitment through initiatives like our annual Diversity Leadership Summits and Employee Justice Summer Clerkship Program, and through our partnership with our sister non-profit, FAIR. These activities, along with our Diversity Policy, have helped CELA to grow in inclusiveness over many years. That work must continue and we encourage every CELA member to donate to FAIR to ensure there is a next generation of talented civil rights and employment attorneys that reflects California. Visit the FAIR website at www.fair-foundation.org.

CELA must walk the walk of inclusion by standing with our members who have been marginalized, attacked, or disenfranchised by the virulent messaging of the campaign. For some of us, the threat posed by the new administration is not only to our rights, but to our families, our lives, our bodies. These threats, now drawn in sharp relief, are unfortunately not new to our country. We are fortunate within CELA to be able to call on the leadership of many people who have been living under, organizing and fighting systemic oppression throughout their lives. We are grateful for their engagement within CELA and for their work to keep us connected to other civil rights organizations and to communities under attack. May we strive to support and demonstrate gratitude to all who are devoting their time and energy to our shared mission in the midst of so many pressing concerns and to those who are actively and productively engaged in trying to listen deeply to each other and work together across boundaries of difference.

FIGHT FOR WORKER RIGHTS EVERY DAY IN EVERY WAY

CELA is committed to holding the line here in California. We will not retreat. We will only move forward. We will be calling on all our members to join us for further specific action as national events unfold. We thank each one of you for your commitment to workers and commitment to CELA. The Board has no monopoly on good ideas for treading treacherous waters ahead. We greatly value the wisdom of our extraordinary members, and ask you to contribute to how CELA and our members can best engage during this critical time for our State and the nation. Please share your ideas directly with me (jean@levyvinick.com), any other member of the CELA Board, or by emailing info@cela.org.

Each of you is already on the frontlines, making sure that constitutional protections and worker’s rights are enforced and are not lofty goals that solely exist in writing. Every day you speak up on behalf of workers, each time you appear in court, each letter you write demanding compliance with the law and each case that makes it to a jury trial is a day that these rights are protected and vindicated.

Keep sharing knowledge with each other through the brief bank, list serves, conferences and seminars, and committees. Remember that each success on behalf of workers is a success to every CELA member and all Californians. Workers need us to champion their rights now more than ever. May our work as an organization and as advocates be a beacon of hope and resistance!

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