Wednesday, May 22, 2019

Franchisor/Franchisee Business Model Wins in Decision on Lawsuit against McDonald’s

In a victory for the franchisor/franchisee business model, a federal court in California recently found that McDonald’s does not control the wages paid to...

U.S. High Court Upholds Citizen Redistricting

The U.S. Supreme Court has upheld the constitutionality of Arizona citizens’ decision to have congressional district lines drawn by an independent redistricting commission rather...

U.S. High Court Shuts Down Expanded State Jurisdiction

In a decision released this week, the U.S. Supreme Court has limited one potential source of unexpected litigation for companies that do business in...

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...

On-Call Rest Periods Are Lawful, Appellate Court Rules

In a victory for California businesses, the 2nd District Court of Appeal has ruled in an unpublished opinion that on-call rest periods are lawful. 2nd...

California Chief Justice Recaps Progress on Civil Justice Reform, Ongoing Challenges

California Chief Justice Tani Cantil-Sakauye (Photo Courtesy Judicial Council of California) In an address to the California Legislature last week, California Chief Justice Tani Cantil-Sakauye...

State High Court Leaves Intact Decision Reversing Landmark Teacher Tenure Ruling

The California Supreme Court this week declined to review a decision by the Second District Court of Appeals overturning a landmark lower court ruling...

Lead Co-Counsel Recaps Teacher Tenure Case for CalChamber Board

The landmark court decision striking down state teacher tenure laws was not anti-union or anti-teacher, but “pro student,” the attorney who led the legal...

Appeal Court Hears CalChamber Arguments Against Auction of Cap-and-Trade Credits

A Sacramento appellate court heard oral arguments this week on a closely watched lawsuit filed by the California Chamber of Commerce concerning the California...

State Supreme Court Will Consider How to Deal With ‘De Minimis’ Time

Employers frequently run into questions regarding counting small, or “de minimis,” periods of time. Lawsuits have been filed over small amounts of uncompensated time...

Federal Court: Current Drug Use Not Protected Under Disabilities Act

A recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are...

More Timekeeping Guidance from Court on Standards for Rounding Entries

An appellate court decision that further clarifies the ability of California employers to round employee timecard entries has been published at the request of...

Protecting Workers’ Comp Independent Medical Review

Oral arguments have been set in a workers’ compensation case that deals with the constitutionality of the independent medical reviews (IMR) that were part...

California Supreme Court Answers ‘One Day’s Rest in Seven’ Questions

Under California law, employees are entitled to “one day’s rest in seven.” But what, exactly, does that mean? On May 8, the California Supreme Court...

California Drops to No. 2 Ranking Among ‘Judicial Hellholes’ in Nation

California has once again been identified as one of the nation’s top “Judicial Hellholes,” according to the latest ranking of the “most unfair” civil...

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...

Court Sides with Employer in Workers’ Comp Case

A state appeals court has ruled that a worker’s claim of a psychiatric injury did not meet the tests to qualify for workers’ compensation...