Wednesday, March 20, 2019

U.S. High Court Reverses Equal Pay Case; Judge Can’t Adjudicate from Beyond Grave

The U.S. Supreme Court has reversed a Ninth Circuit court case because the judge who wrote the opinion died before the opinion was issued...

Reporting to Work: No Physical Presence Required

Last week, the Second District California Court of Appeal ruled that on-call employees are entitled to reporting time pay if they are required to...

Class Action Settlement Doesn’t Prevent 2nd Lawsuit

An employee who was a member of a wage-and-hour class action settlement with her employer, is able to pursue a subsequent lawsuit against her...

California Ranks as No. 1 ‘Judicial Hellhole’

California has landed atop the “Judicial Hellholes” list again, according to the latest ranking of the “most unfair” civil litigation courts by the American...

State Supreme Court Ruling Protects Employers, Preserves Workers’ Comp Exclusivity

The California Supreme Court recently ruled in favor of employers, finding that an employee’s tort claims against a doctor who reviewed workers’ compensation cases...

High Court Ruling Raises Questions on Passage of Local Special Taxes

How many voters does it take to pass a local special tax? Since Proposition 13 in 1978, voters have had the final say on local...

California Court of Appeal Upholds Lead Safe Harbor Under Proposition 65

The legal fight over the validity of the Office of Environmental Health Hazard Assessment (OEHHA) “safe harbor” for lead may finally be over for...

California Supreme Court Adopts New Test for Deciding Independent Contractor Status

The California Supreme Court has issued its much-anticipated decision on which test should be applied when determining whether an individual is an employee or...

High Court Decisions Leave Employers with Uncertainty

California employers are once again left with uncertainty regarding the Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual following a California...

State of Judiciary Address Highlights Civil Justice Reforms

The funding boost proposed in the state budget plan for the coming year will help the judicial branch continue reforms to provide access and...

California Supreme Court Issues Worker-Friendly Overtime Ruling

Overtime pay in California is based on the employee’s “regular rate of pay,” which is not always an employee’s normal hourly wage and must...

DACA Decision: California Employer Update

The U.S. Supreme Court’s recent denial of a Trump administration bid to expedite a legal challenge to the Deferred Action for Childhood Arrivals (DACA)...

Is Worker an Employee or Independent Contractor?

Properly classifying an individual as an employee versus an independent contractor has always been a daunting task for any business/employer, especially in California. A...

Timely Economic Analysis of Major Regs Upheld in Unanimous Appeal Court Ruling

State agencies must take seriously the requirement to conduct a timely, accurate economic analysis of major regulations, according to a just-released opinion by the...

Swift Action Needed in Prop. 65 Case to Avert Disruption in Multiple Sectors

The California Chamber of Commerce is urging the Fifth District Court of Appeal to expedite its decision and reverse the erroneous listing of a...

State Lawsuit Climate Ties All-Time Low

For the third time since 2012, California’s lawsuit climate ranked No. 47 out of 50 in the national survey by the U.S. Chamber Institute...

State Supreme Court Ruling May Threaten Longstanding Local Taxpayer Protections

A California Supreme Court decision makes it easier to raise some local taxes. But how much easier remains to be seen. For two decades, local...