Municipal and Special Districts

Kronick Reference Guide: 2016 Legislative Developments

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A number of new laws impacting the workplace were enacted by the California Legislature in 2016. Download the PDF for a complete description of these new laws. If you have any questions regarding the impact of these new laws on your workplace, please contact David W. Tyra, Chelsea Alix Tibbs or the attorney with whom you normally consult.

Prevailing Party Can Recover Reasonable and Necessary Legal Fees Incurred in Preparing the Administrative Record

August 12, 2016 | Bulletin No. 1274003.1

In the recent case of No Toxic Air, Inc. v. Lehigh Southwest Cement Company, Inc. (July 28, 2016, H040047) __ Cal.App.4th ___, the Court of Appeal determined a trial court has authority to award attorneys' fees incurred in preparing an administrative record to the prevailing party. The trial court found such costs were reasonably and necessarily incurred, but that it lacked legal authority to award the fees.

The Government Retains Its Right to Enter onto Private Property for Testing and Other Purposes

July 29, 2016 | Bulletin No. 1274002.1

The California Supreme Court has confirmed the constitutionality of statutes allowing a public entity to enter onto private property for testing and other purposes prior to deciding whether or not to condemn the property. These statutes allow a public entity to apply for a court order permitting pre-condemnation access to property for purposes such as environmental testing and on-site investigations. The scope of this power was called into doubt after a Court of Appeal held these statutes authorized entry under only limited circumstances for innocuous purposes.

League of California Cities Annual Conference

Event Information


October 5-7


Long Beach Convention Center


Organized By:

League of California Cities

Program Overview:

Kronick is pleased to sponsor the 2016 League of California Cities Annual Conference & Expo at the Long Beach Convention Center. The conference expects 1,900+ city officials from throughout California to discuss timely topics and quality content. 



Ninth Circuit Holds that “Cash-in-lieu” of Health Benefits Must Be Included in Calculating Employees’ Regular Rates of Pay for Overtime

June 17, 2016 | Bulletin No. 1274001.1

On June 2, 2016, a three judge panel for the Ninth Circuit issued a decision in Flores v. City of San Gabriel in which the Court held that the Fair Labor Standards Act ("FLSA") required the City to include cash payments provided to employees in lieu of health benefits in the calculation for an employee's regular rate of pay for purposes of calculating overtime.

Attorney's Fee Award Upheld Against City Of San Diego in Public Records Act Case

June 9, 2016 | Bulletin No. 1274000.1

San Diegans for Open Government ("SDOG") sued the City of San Diego ("City") for violations of the California Public Records Act ("Act") after the City failed to produce emails in response to a request made pursuant to the Act. Following the trial court proceedings, the court granted SDOG's request for attorney's fees after finding that the City improperly withheld the requested documents.

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.

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