2026 Legislative Update (Part Four): Public Sector Employment Rights

March 25, 2026 by Beeson Tayer & Bodine

 

Notice of Contracting Out of Bargaining Unit Work for Public Sector Workers

By: Daniel M. Perle

This bill, effective January 1, 2026, establishes new notice requirements for local public agencies when they choose to hire third party labor to perform work that would otherwise be performed by members of an established bargaining unit represented by a union. The bill requires employers to give at least 45 days’ notice prior to sending out any request for proposals or other similar bids or renewing an existing contract with a contractor. This notice must contain certain required information including how long the contract will last, the scope of the work, and how much it will cost the agency. There are exceptions to these new notice requirements including emergency situations and certain construction work.

 

Appealing PERB Decisions for the Santa Clara Valley Transportation Authority (AB 1510)

By: Laura Christensen Garcia

This law amends the Public Utilities Code to allow any charging party, respondent, or intervenor to appeal a final PERB decision or order that relates to an unfair labor practice claim involving the Santa Clara Valley Transportation Authority (VTA) and its employees. The aggrieved party may file a petition for a writ of extraordinary relief in the District Court of Appeal that has jurisdiction over any county in which the VTA operates within 30 days of the date of issuance of PERB’s final decision or order. If more than 30 days have elapsed and no writ has been filed, PERB may then seek enforcement of any final decision or order in a District Court of Appeal or Superior Court having jurisdiction over the county where the events giving rise to the decision or order occurred.

 

Standardization of Public Retirement Systems (SB 853)

By: Christine Coughlan

This bill makes technical changes to clarify and standardize specified portions of the Education and Government Codes regulating California Public Employees’ Retirement System (CalPERS), California State Teachers’ Retirement System (CalSTRS), and the County Employees Retirement Law of 1937 (CERL) retirement systems. Most significantly, SB 853 aligns practices with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and standardizes how retirement systems calculate “compensation earnable” and “pensionable compensation” for members who participate in multiple systems. As it pertains to CalPERS, SB 853 clarifies that several compensation-related provisions in the Public Employees’ Retirement Law apply to both classic (pre-PEPRA) members and members subject to PEPRA.

 

Making Public Retirement System Membership More Inclusive (SB 301)

By: Christine Coughlan

SB 301 prohibits counties and districts, including charter cities and charter counties, from excluding a class of employees from their retirement system.

 

Procedural Rights for Temporary Community College Employees (AB 1028)

By: Alex S. Leichenger

California law now recognizes collectively bargained procedural termination rights of temporary employees at state community colleges.

Previously, the governing board of a community college district was able to terminate a temporary employee at its discretion at the end of a day or week. However, AB 1028 explicitly requires that community college districts comply with provisions of a collective bargaining agreement pertaining to the termination of temporary employees.

The bill clarifies that part-time faculty assignments are temporary in nature, and no part-time faculty member is assured of continued employment at any point.

 

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.