Municipal and Special Districts

New United States Department of Labor's Overtime Final Rule and its Application to State and Local Governments

May 19, 2016 | Bulletin No. 1273999.1

On May 18, 2016, the Department of Labor ("DOL") announced changes to the overtime rules of the Fair Labor Standards Act (“FLSA”). The changes and how they affect private employers is summarized in Kronick's most recent Labor and Employment Legal Alert.

California Supreme Court Resolves Uncertainty Regarding Effect of Inadvertent Disclosure of Privileged Material in Response to a Public Records Act Request

March 23, 2016 | Bulletin No. 1273995.1

On March 17, 2016 the California Supreme Court resolved an ongoing conflict among California courts, regarding the effect of an inadvertent disclosure of privileged documents in response to a California Public Records Act ("CPRA") request. In Ardon v. City of Los Angeles (Cal., Mar. 17, 2016, No. S223876) 2016 WL 1062109, the California Supreme Court determined that a public entity's inadvertent release of privileged documents under the CPRA does not result in a waiver of that privilege.

Inconsistent Deadlines In the Government Claims Act Can Provide A Potential Defense – Or Trap

January 29, 2016 | Bulletin No. 1273992.1

Before filing a lawsuit seeking damages against a California public agency, a person must generally file a claim with the agency within the statutory time period (usually six months after the accrual of the cause of action). If the claim is not timely, the claimant must file an application with the agency for leave to present a late claim. If the agency then denies leave to present the late claim, the claimant must file a petition with the trial court for an order relieving him or her from the claims presentation requirement before filing a lawsuit.

Trail Immunity Upheld for Bike Path Used Both as a Transportation Corridor and for Recreational Purposes

January 21, 2016 | Bulletin No. 1273991.1

On January 13, 2016, California’s Sixth Appellate District certified Burgueno v. Regents of the University of California (Cal. Ct. App., Dec. 15, 2015) ___ Cal.Rptr.3d ___, 2015 WL 9700324 for publication. The case involved a dangerous condition of public property and wrongful death complaint arising out of the death of a University of California, Santa Cruz (UCSC) student, Adrian Burgueno. Mr.

California Cities Can Require Minimum Age for Short-Term Rental Agreement Signatories

December 22, 2015 | Bulletin No. 1273990.1

On December 18, 2015, California’s Second District Court of Appeal upheld the City of Rancho Mirage’s (“City”) short-term rental ordinance in Harrison v. City of Rancho Mirage (Cal. Ct. App., Dec. 18, 2015, E062604) 2015 WL 9258957. The City’s ordinance requires that short-term rental agreements be signed by persons over the age of 30 and who agree to be responsible for the rental.

Court of Appeal Finds Error In Public Agency’s Findings Of A Non-Responsive Low Bid and Sets Aside Bid Award To Next Lowest Bidder

December 16, 2015 | Bulletin No. 1273989.1

On December 14, 2015, California's Third District Court of Appeal upheld a bidder's challenge to the California Department of Transportation's ("CalTrans") award of a highway construction project in DeSilva Gates Construction, LP v. Department of Transportation (2015) ____ Cal.Rptr.3d _____, (2015 WL 8732256).

Local Government Can Retain Control Over Medical Marijuana Activities

December 4, 2015 | Bulletin No. 1273988.1

In Kirby v. County of Fresno (December 1, 2015, Case No. F070056) __ Cal.App.4th __, the Fifth District Court of Appeal followed the lead of several other courts in affirming the ability of local jurisdictions to regulate, and even ban, medical marijuana dispensaries and cultivation.

Three New Medical Marijuana Bills Approved by the California Legislature, Pending Approval by Governor

September 28, 2015 | Bulletin No. 1273978.1

Background

On September 14, 2015, three new medical marijuana bills were approved by the California Legislature and are now pending approval by Governor Brown. According to a bulletin issued by the League of California Cities, the Governor's approval is anticipated since his staff was closely involved in the final drafting of each measure.

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