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PERB Reinforces Deferral to Arbitration Doctrine in Context of Retaliation Unfair Practice Claims Brought Under MMBA

USA - October 10 2022 On October 6, 2022, the Public Employment Relations Board (“PERB” or “Board”) reinforced the importance of its deferral to arbitration doctrine, when…

John H. Bakhit, Irma Rodríguez Moisa, Eric T. Riss

Third Circuit Court Highlights Free Speech Protections for Public Employees in Context of Discipline for Violation of COVID-19 Face Covering Policy

USA - July 11 2022 On June 29, 2022, the Third Circuit Court of Appeals (“Court”) issued a decision providing guidance on how constitutional free speech protections…

Eric Gamboa, Irma Rodríguez Moisa, Angela M. Powell

Appellate Court Reaffirms Importance of Three-Prong Test for Whether Managerial Decision Is Subject to Bargaining

USA - June 29 2022 On June 23, 2022, the Court of Appeal issued a rare reversal to the Public Employment Relations Board (“PERB” or “Board”) in its evaluation of…

Irma Rodríguez Moisa, Eric T. Riss, Jay G. Trinnaman

California Supreme Court Confirms Worker Friendly Evidentiary Standard for Whistleblower Retaliation Claims

USA - January 28 2022 On January 27, 2022, the California Supreme Court clarified the evidentiary standard applicable to whistleblower retaliation claims under California…

Maria G. Arroyo, Jorge J. Luna, Irma Rodríguez Moisa

California Public Employers May Face a State Vaccination Mandate Should OSHA Issue Regulations Based on President Biden’s Vaccine Initiative

USA - September 23 2021 On September 9, 2021, President Biden announced several expansive COVID-19-related initiatives, in an effort to address persistent and alarming…

Laura A Izon, Irma Rodríguez Moisa, Eric T. Riss