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
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
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
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
A Practice or Policy without Clear Legislative Intent Does Not Create Implied Contractual Right to Retiree Health Benefits -
A federal appellate court has affirmed a U.S. District Court’s decision to grant Orange...more
Transition Guidance Included in the Final Regulations Postpones Implementation for Many Employers -
Yesterday, the Department of the Treasury released the final regulations implementing the Affordable Care Act’s...more
The IRS’ proposed rules to determine governmental plan status are impacting public agencies looking to join a CalPERS benefit plan....more
In October, five California mayors proposed a statewide initiative – The Pension Reform Act of 2014 (Act) – which, if approved, will amend the California Constitution. The Act was amended last month for the principal purpose...more
The U.S. Supreme Court ruled last week that the Defense of Marriage Act’s (DOMA) definition of marriage is unconstitutional. The Court's decision and the decisions allowing same-sex marriage to resume in California will have...more
7/2/2013
/ DOMA ,
Employee Benefits ,
Equal Protection ,
Estate Tax ,
Health Insurance ,
Hollingsworth v Perry ,
Income Taxes ,
Proposition 8 ,
Retirement Plan ,
Same-Sex Marriage ,
SCOTUS ,
Standing ,
US v Windsor