SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors -
SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS...more
Part 1: New Laws Impacting California Public Agencies for 2021 -
With the unique challenges that 2020 brought, California lawmakers passed bills that addressed both the State’s ongoing problems, as well as laws responsive...more
Modifications Are Permissible Under the California Rule -
In a unanimous decision, the California Supreme Court held that changes made to the County Employees’ Retirement Law, known as CERL, by pension reform measures...more
Addresses Open Meetings, Delivery Ordinances, Working After Retirement and Government Claim Deadlines During Coronavirus Pandemic -
In a continued effort to address the COVID-19 state of emergency, California Gov. Gavin...more
The CalPERS Board of Administration will not consider whether to establish the Tracy Fuller decision as a CalPERS precedent, we have confirmed. While the decision to not pursue Fuller as a precedential decision is welcome...more
6/6/2019
/ CalPERS ,
Employee Benefits ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Pensions ,
Public Employees ,
Public Pension ,
Retirement Plan ,
State and Local Government ,
Third-Party
As expected, the California Supreme Court affirmed the appellate court’s holding in Cal Fire Local 2881 v. California Public Employees’ Retirement System et al., concluding that the plaintiffs did not have a vested right to...more
3/8/2019
/ CA Supreme Court ,
CalPERS ,
Compensation & Benefits ,
Employee Benefits ,
Employer Liability Issues ,
Pensions ,
Public Employees ,
Public Pension ,
Retirement Plan ,
Service Credits ,
State and Local Government ,
Vested Rights Doctrine
Best Best & Krieger LLP Labor & Employment attorneys hosted a webinar that focuses on new legislation and case law from 2018 impacting both private and public employers in California.
What was discussed:
-New legislation...more
Gov. Jerry Brown vetoed legislation that would have imposed significant liability on CalPERS employers for errors in their CalPERS reporting which result in post-retirement pension reductions....more
10/3/2018
/ Beneficiaries ,
CalPERS ,
Compensation & Benefits ,
Employee Benefits ,
Governor Brown ,
Governor Vetoes ,
Legislative Agendas ,
Overpayment ,
Pensions ,
Public Employees ,
Public Pension ,
Reporting Requirements ,
Retirement Plan ,
State and Local Government
It’s a big litigation year for California pensions.
The California Supreme Court ruled last month that San Diego’s landmark pension cutback legislation, Proposition B, was illegally placed on the 2012 ballot because city...more
8/17/2018
/ 401k ,
Appeals ,
CA Supreme Court ,
CalPERS ,
Compensation & Benefits ,
Employee Benefits ,
Pensions ,
Public Employees ,
Public Employees’ Pension Reform Act of 2013 (PEPRA) ,
Public Pension ,
Retirement Plan ,
State and Local Government ,
Vested Rights Doctrine
With the split in opinions regarding the scope and application of the California Rule in the Marin and Alameda cases, the California Supreme Court has agreed to hear appeals of both. While these two cases, and another pending...more
Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public.
What Was Discussed
-Legislation passed in 2017
-Wage and hour...more
6/22/2018
/ Contractors ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Application ,
Employment Litigation ,
Executive Compensation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
FEHC ,
Fringe Benefits ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Injunctions ,
Investigations ,
Job Applicants ,
Labor Commissioners ,
Medical Leave ,
Minimum Wage ,
New Legislation ,
On-Call Employees ,
Over-Time ,
Paid Leave ,
Popular ,
Public Agencies ,
Public Employers ,
Rest and Meal Break ,
Retaliation ,
Retirement Plan ,
Salary/Wage History ,
Sanctuary Cities ,
Settlement Agreements ,
Sexual Orientation Discrimination ,
Special Districts ,
Subcontractors ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Levy ,
Tax Reform ,
Trump Administration ,
Unions ,
Wage and Hour ,
Withholding Allowances ,
Withholding Requirements ,
Workplace Safety
"Legal Update: Is the California Rule in Flux?" was presented by Best Best & Krieger LLP Partner Isabel Safie as part of The Bill is Due: Now What? Infrastructure, Pensions and the Environment, held April 24, 2018 at the...more
To ensure adequate staffing levels while responding to recent natural disasters in California, the California Public Employees’ Retirement System has modified the 960-hour limitation related to retired annuitants employed in...more
2/22/2018
/ CalPERS ,
Emergency Response ,
Employee Benefits ,
Executive Orders ,
Natural Disasters ,
Pensions ,
Public Agencies ,
Public Employees ,
Public Pension ,
Retirement Plan ,
Wage and Hour
Two new California laws could result in costly fines to public agency employers who fail to adhere to the specified requirements. Assembly Bills 1487 and 1309 both went into effect Jan. 1....more
Following a CalPERS audit of the Town of Truckee, Calif. about three years ago, CalPERS determined that merit pay was not PERSable because it was only offered to employees who had reached the maximum on their salary ranges....more
California’s gap between promised employee benefits and available cash is wide and ever expanding.
Ballooning pension costs and rising deficits are often in the spotlight. But commitments that California’s governing bodies...more
Best Best & Krieger LLP Partner Isabel Safie recently represented two special district clients in mitigating potential negative impacts related to CalPERS findings....more
One of the unintended consequences of the Affordable Care Act had been the elimination of health reimbursement arrangements as a tool for small employers to avoid the complexities of maintaining a group health plan and the...more
The 21st Century Cures Act, signed into law by President Obama on Dec. 13, permits small employers to offer standalone health reimbursement arrangements that may reimburse individual market insurance premiums, among other...more
Changes could have a significant impact on existing benefit programs -
The IRS issued a new notice on Wednesday that provides guidance regarding aspects of Affordable Care Act implementation. The following are addressed...more
Health insurance subsidies provided by the Affordable Care Act will continue to be available regardless of whether states establish their own health care exchanges or rely on the federal government to establish a health care...more
Compliance with reporting obligations is always important for any employer, but the employer reporting requirements under the Affordable Care Act pack a significant penalty that makes compliance particularly...more
3/25/2015
/ Affordable Care Act ,
Employer Group Health Plans ,
Filing Deadlines ,
Health Insurance ,
IRS ,
Large Employer ,
Minimum Essential Coverage ,
Penalties ,
Reporting Requirements ,
Self-Insured Health Plans ,
W-2
The IRS has issued final regulations providing guidance on certain complex requirements imposed on charitable hospital organizations added by the Patient Protection and Affordable Care Act of 2010. Specifically, the...more
Welcome Tax Relief Provided to Individuals and Businesses Extended through Calendar Year 2014 -
The Tax Increase Prevention Act of 2014 retroactively extends, through Dec. 31, various individual and business tax relief...more
An article published in Thursday’s edition of The Bond Buyer highlights a rising concern of counties, cities and special districts that provide retirement benefits to their employees through the CalPERS pension plan: That,...more