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Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

A May 2021 court decision in California, All of Us or None v.




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Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

Rod Fliegel, William Simmons and Wendy Buckingham discuss the current limitations on the use of background checks for employment in California.

SHRM Online

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Upcoming Changes in California’s Law Regarding Criminal Background Checks

Updated July 31, 2023: The Council’s Modifications to Employment Regulations Regarding Criminal History discussed in this Insight have just been approved by the Office of Administrative Law, and the modified regulations will go into effect on October 1, 2023. Key changes from the initial proposal include:




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Upcoming Changes in California’s Law Regarding Criminal Background Checks

Rod M. Fliegel and Alice H. Wang discuss the Civil Rights Council of the California Civil Rights Department’s latest revisions to the Fair Employment and Housing Act (FEHA) regulations that govern employers' use and consideration of criminal history in employment decisions.

SHRM Online

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California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

  • Lawmakers in Sacramento seek to outright ban criminal background checks by most private sector employers in California in a bill that would scrap California’s existing fair chance law and replace it with the most restrictive fair chance law in the United States.
  • While the sweeping bill’s future is uncertain, employers should be mindful of the bill’s progress given the drastic impact even a narrower version of the bill would have if enacted into law.




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California bill would ban most criminal background checks

Alice Wang and Rod M. Fliegel say the Fair Chance Act of 2023, a California bill under consideration in the state senate, “would more or less upend the ordinary hiring process for just about every employer in California,” if passed.

HR Dive

View




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California Bill Would Limit Use of Criminal History Information

Rod Fliegel discusses California’s proposed Fair Chance Act of 2023, which would further restrict how employers can use information about the criminal histories of job seekers and employees, and offers tips for complying with the current Fair Chance Act.

SHRM Online

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Changes in California’s Regulations Regarding Criminal Records Approved

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring decisions.  On July 24, 2023, the Office of Administrative Law approved the Council’s proposed modifications to the regulations. 




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California Laws Come into Effect Regarding Off-Duty Marijuana Use

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other will limit employer actions based on positive marijuana drug tests.




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New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent Hiring Liability

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening.

State Law

Enacted on December 14, 2023, and effective February 12, 2024, Pennsylvania’s House Bill No. 689 amends Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 




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Continuing Privacy Headache for Ordering Criminal Background Checks in California

Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County.1 This will result from the drastic impact of the court of appeal’s 2021 opinion in All of Us or None v.




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County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law

  • New Los Angeles County ordinance goes into effect September 3, 2024.
  • The ordinance, which has a private right of action, requires significant changes to job postings, conditional offer letters, procedures for adjudicating criminal history, and related notifications for the unincorporated areas of Los Angeles County.
  • The ordinance purports to cover relationships beyond traditional employment relationships, such as contract and freelance work.




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Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance also creates a Lehigh County Human Relations Commission charged with investigating and enforcing claims of discrimination.  The ordinance becomes effective June 1, 2024.

Expanded Protected Characteristics and Employer Coverage




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California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers

Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in California.2 Apart from criminal background checks, many employers rely on motor vehicle record checks (MVRs) to vet candidates for positions that require driving as part of the job.  In Doe v. California Dept.




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San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process

  • Effective October 10, 2024, employers in San Diego County must assess compliance with new criminal record screening regulations.
  • The ordinance applies only in the unincorporated areas of San Diego County.




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Small Fleet Summit: Dealing with AB5 in California

Damon Ott discusses some options that trucking companies in the state may pursue when the old way of doing business is no longer open to them. 

FreightWaves

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New York, California Take Lead to Shape Workplace Violence Laws

Rebecca Goldstein talks about new workplace violence prevention laws in California and New York.

Bloomberg Law

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Politics in a California Workplace

  • California law provides robust protections for employees’ political activity, including anti-discrimination and retaliation protections.
  • California law also provides employees broad protections for lawful off-duty conduct.
  • California employers are required to provide employees with time off to vote and post a notice explaining those rights. For the upcoming election, this notice must be posted by October 26, 2024.




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California Eliminates Employers’ Ability to Require Employees to Use Vacation Before They Receive State Paid Family Leave Benefits

  • Employers will no longer be able to require employees to use up to two weeks of vacation before they receive paid family leave insurance benefits.
  • Employees will have access sooner to paid family leave insurance benefits.
  • Changes can have a knock-on effect concerning substitution of paid leave under federal FMLA and California CFRA, but should not impact San Francisco PPLO compliance.




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California Limits the Discretion Employers Have to Insist on a Driver’s License Even for Jobs that Require Driving for Work

Starting in January 2025, California’s Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. The stated purpose of the new FEHA amendment is to help facilitate employment for non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.




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California Eliminates Employers' Ability to Require Employees to Use Vacation Before They Receive State Paid Family Leave Benefits

Adam Fiss and Sebastian Chilco review updates to California’s paid leave law.

Wolters Kluwer

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Politics In California Workplaces: What Employers Must Know

Bradford Kelley and Britney Torres predict politics in the workplace will remain an issue beyond the election and so California employers need a long-term plan measures for issues that include voter intimidation and discrimination and employees taking time off to vote.

Law360

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California Eliminates Employers’ Ability to Require Vacation Use Before Receipt of State Paid Family Leave Benefits

Adam Joshua Fiss and Sebastian Chilco discuss a new California law that will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave benefits.

SHRM

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California Limits Employers’ Discretion to Insist on a Driver’s License

Rod M. Fliegel discusses California legislation that further amends the Fair Employment and Housing Act to prohibit discrimination in the hiring process based on the applicant’s lack of a driver’s license.

SHRM

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Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater protections to freelance workers (e.g., “independent contractors”).




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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California

  • Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
  • Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.”




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Because Hamiltonians Labor for Equity: Natasha Jenkins ’07

Natasha Jenkins’ alma mater profiles her and her roles at Littler and as the president of Illinois’ Cook County Bar Association (CCBA). 

The Spectator

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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

    On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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    Calling all California Employers! The Latest Employment Laws from the Golden State

    California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted.  This Insight includes highlights of new laws affecting employers and is not intended to cover every new state and local law that was enacted this session.

    Employers should begin reviewing these requirements to help ensure compliance with these new laws. Time to update those Employee Handbooks and train the management team!




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    California's Mandatory Arbitration Ban Is Permanently Halted

    Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. 

    XpertHR

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    California Indoor Worker Heat Rule’s Revival Too Late for Summer

    Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

    Bloomberg Law

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    California’s Indoor Heat Illness Prevention Regulation Takes Immediate Effect

    • California’s indoor heat illness regulation, the first of its kind in the United States, is now in effect.
    • New requirements apply to all indoor work areas where the temperature is 82° F or above, with few exceptions. Additional requirements apply for higher temperatures.
    • California employers with any work settings that are covered by the new regulation should immediately develop indoor heat illness plans and provide training to their employees.




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    Business Concerns Loom Over California’s Indoor Worker Heat Rule

    Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

    Bloomberg Law

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    California’s New Indoor Heat Illness Prevention Regulation Is Already in Effect




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    Annual California Legislative Employment Law Update




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    California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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    Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors

    Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

    Wolters Kluwer

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    New amendments to California bill clarify scope of prohibition on junk fees for restaurant industry

    Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

    Wolters Kluwer

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    Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

    • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
    • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
    • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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    California’s SB 1047 establishes stringent requirements for large-scale AI models

    Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

    Daily Journal

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    How A California Intersectionality Law Might Boost Equal Pay

    Joy Rosenquist says a new law enshrining the principle of intersectionality in California’s anti-discrimination statutes will have a substantial impact on equal pay litigation.

    Law360 Employment Authority

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    [Review of] Lutteken, Antonia. Agrar-Umweltpolitik im Tranformationsprozess -- Das Beisfiel Polen




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    Xenia Book Club

    When: Friday, December 14, 2018 - 10:15 AM - 11:45 AM
    Where: Xenia Library at Meeting Room, 2nd Floor

    Come join us for a book discussion. Everyone is welcome.




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    Board of Trustees Meeting, Xenia

    When: Wednesday, December 12, 2018 - 2:00 PM - 4:00 PM
    Where: Greene County Public Library

    The Board of Trustees of the Greene County Public Library system will hold a regular meeting at the Xenia Community Library. The Library Board meets on the second Wednesday of each month, except during the month of August when there is no meeting.


    Open to the public.




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    Campus Philharmonia Chamber Strings (November 13, 2024 8:00pm)

    Event Begins: Wednesday, November 13, 2024 8:00pm
    Location: Earl V. Moore Building
    Organized By: School of Music, Theatre & Dance


    Conducted by SMTD graduate student conductors, members of the Campus Philharmonia will perform a program of chamber music.

    Kendra Chao & Evan Hagan, conductors

    The U-M Campus Orchestras are made up of two main orchestras: Campus Symphony Orchestra (CSO) and Campus Philharmonia Orchestra (CPO). Both groups are comprised of non-music major students, faculty members, staff, and alumni of the University of Michigan.




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    Donia Human Rights Center Panel Discussion | Reproductive Rights as Human Rights: International Perspectives (November 13, 2024 4:00pm)

    Event Begins: Wednesday, November 13, 2024 4:00pm
    Location: Lane Hall
    Organized By: Donia Human Rights Center


    Payal Shah, JD, Director, Program on Sexual Violence in Conflict Zones, Physicians for Human Rights; Tamara Dávila, Human Rights Fellow at the Arcus Center for Social Justice Leadership in Kalamazoo College, Michigan; Seda Saluk, Assistant Professor, Women’s and Gender Studies, University of Michigan.

    Co-sponsored by: U-M Global Feminisms Project, Department of Women's and Gender Studies, Institute for Research on Women and Gender, University of Michigan, and Center for Middle East and North African Studies

    This interdisciplinary panel will discuss ongoing efforts around the world to defend reproductive justice as an essential human right, tied to the rights to life, health, equality and autonomy. Speakers will address the role of legal and medical professionals as well as scholars and activists in documenting the harm of restrictions on reproductive rights and advocating for victims with particular focus on the U.S., Nicaragua and Turkey.

    This event is free and open to the public, but registration is required if you intend to participate virtually.

    Register at: https://myumi.ch/qV9xg

    CHAIR:

    Professor Michele Heisler, MD, MPA

    Professor, Internal Medicine, Health Behavior and Health Equity; Medical Director, Physicians for Human Rights.

    Dr. Michele Heisler is renowned for her work in advancing health through respect for human rights and addressing social determinants of health. Internationally recognized for her research on the health consequences of human rights violations, she has authored over 300 peer-reviewed articles and has been instrumental in developing protocols, legislation, and partnerships aimed at preventing violence and discrimination.

    PANELISTS:

    Payal Shah, JD

    Director, Program on Sexual Violence in Conflict Zones, Physicians for Human Rights (participating virtually via Zoom)

    Payal Shah, a distinguished human rights lawyer with over 15 years in gender equality and sexual and reproductive rights advocacy, currently directs a major initiative on reproductive rights at Physicians for Human Rights. Her work focuses on training and advocacy to support survivors of sexual violence and improve forensic evidence collection globally.

    Tamara Dávila

    Human Rights Fellow, Arcus Center for Social Justice Leadership, Kalamazoo College, Michigan

    Tamara Dávila, a Nicaraguan psychologist, feminist activist, and human rights defender, has dedicated her career to advocating for sexual and reproductive rights and supporting survivors of violence. Dávila's activism has led to her imprisonment, and she continues her advocacy work from exile in the United States, focusing on empowering marginalized communities.

    Seda Saluk, PhD

    Assistant Professor, Women’s and Gender Studies, University of Michigan

    Feminist anthropologist Seda Saluk specializes in medical anthropology, science and technology studies, and Middle East studies. Her current book project, “Monitoring Reproduction: Surveillance and Care in Turkey”, investigates the complexities of reproductive surveillance against the backdrop of demographic changes. Her research has been widely supported and published in several leading academic journals.

    If there is anything we can do to make this event accessible to you, please contact us. Please be aware that advance notice is necessary as some accommodations may require more time for the university to arrange.




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    Unsettling Histories: Legacies of Slavery and Colonialism (November 13, 2024 11:00am)

    Event Begins: Wednesday, November 13, 2024 11:00am
    Location: Museum of Art
    Organized By: University of Michigan Museum of Art (UMMA)


    Organized as a response to the Museum’s recent acquisition of Titus Kaphar’s Flay (James Madison), this upcoming reinstallation of one of our most prominent gallery spaces forces us to grapple with our collection of European and American art, 1650-1850.

    In recent times, growing public awareness of the continued reverberations of the legacy of slavery and colonization has challenged museums to examine the uncomfortable histories contained in our collections, and challenged the public to probe the choices we make about those stories. Choices about which artists you see in our galleries, choices about what relevant facts we share about the works, and choices about what - out of an infinite number of options - we don’t say about them.

    Pieces in this exhibition were made at a time when the world came to be shaped by the ideologies of colonial expansion and Western domination. And yet, that history and the stories of those marginalized do not readily appear in the still lives and portraits on display here. By grappling with what is visible and what remains hidden, we are forced to examine whose stories and histories are prioritized and why.  

    In this online exhibition, you can explore our efforts to deeply question the Museum’s collection and our own past complicity in favoring colonial voices. In the Museum gallery, which will open in early 2021, you’ll be able to experience the changes we’re making to the physical space to highlight a more honest version of European and American history. 

    By challenging our own practice, and continuing to add to what we know and what we write about the works we display, UMMA tells a more complex and more complete story of this nation - one that unsettles, and fails to settle for, simple narratives. 

    “Invisible things are not necessarily ‘not there’.... Certain absences are so stressed, so ornate, so planned, they call attention to themselves; arrest us with intentionality and purpose, like neighborhoods that are defined by the population held away from them.” 

    — Toni Morrison

    Lead support for Unsettling Histories: Legacies of Slavery and Colonialism is provided by the University of Michigan Office of the Provost, the U-M Arts Initiative, and the Susan and Richard Gutow Endowed Fund.
     




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    WCEE Exhibition. Threads of Tradition: The Art of Ukrainian Vyshyvanka (November 13, 2024 8:00am)

    Event Begins: Wednesday, November 13, 2024 8:00am
    Location: Weiser Hall
    Organized By: Weiser Center for Europe and Eurasia


    The act of embroidering and weaving designs onto cloth is deeply rooted in Ukrainian traditions. Embellished clothing (sorochky), ritual cloths (rushnyky), and household textiles accompany a person from birth until death, punctuating important life events in between. A variety of embroidery patterns are used throughout Ukraine; some stitches are universally known, while others are region-specific. Ukrainian embroidered clothing is now officially celebrated with an annual Vyshyvanka Day observed throughout the world in May.

    To see photos and read more about exhibited items, visit https://myumi.ch/AZedA

    The embroideries and textiles exhibited are from the private collections of Arnie Klein, Solomia Soroka, Katerina Sirinyok-Dolgaryova, and from the Ukrainian American Archives & Museum located in Hamtramck, Michigan.

    The exhibit opens on September 5, 2024, in 1010 Weiser Hall, 500 Church Street, Ann Arbor. Contact weisercenter@umich.edu to schedule a viewing.

    *The exhibition is cosponsored by the Ukrainian American Archives & Museum*.

    If there is anything we can do to make this event accessible to you, please contact us. Please be aware that advance notice is necessary as some accommodations may require more time for the university to arrange.




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    Jessica Pratt cracks open the sunny veneer of the California dream

    The Los Angeles-based musician was inspired by the dark side of state's mythology in the making of her fourth studio album.

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