Did You Know?

Whether you are looking to impress your colleagues or just want to learn more about the law, LCW has your back! Use and share these fun legal facts about various topics in labor and employment law.

• If labor negotiations covered by the MMBA reach an impasse and applicable mediation and fact finding procedures have been requested and completed in good faith, a public agency may choose to implement its last, best, and final offer after a public hearing, but no earlier than 15 days after the release of the fact finding report. (Gov. Code Section 3505.7.)

• Under the MMBA, layoff decisions are not a subject within the scope of bargaining. However, the impacts and effects of a layoff (e.g., timing and notice) are within the scope of bargaining.

• Under the ADA and FEHA, an employer is required to initiate the reasonable accommodation interactive process when the employer: 1) knows that the employee has a disability; 2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability; or 3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.