Monday, January 21, 2019

Air Board Asks Courts to Create New Tax

In a landmark case before the Third District Court of Appeal, the California Air Resources Board (ARB) recently argued for creation of an unprecedented...

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...

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...

U.S. Supreme Court Reverses State Court to Reinforce Arbitration to Resolve Disputes

Further emphasizing the federal policy favoring arbitration under the Federal Arbitration Act (FAA), the U.S. Supreme Court this week again reversed a California decision...

U.S. Supreme Court Hears Challenge of California Teacher Union Fee

The U.S. Supreme Court this week heard arguments about the validity of a fee the California Teachers Association (CTA) charges nonunion members to cover...

Split Appeals Court Decision Upholds Cap-and-Trade Revenues

In a 2-1 ruling, the 3rd District Court of Appeal has upheld the state’s practice of auctioning greenhouse gas (GHG) emission allowances to raise...

Court Blocks Federal Overtime Rule; Administration Appeals

Last week, a federal court in Texas issued a nationwide preliminary injunction blocking the U.S. Department of Labor (DOL) from enforcing the new federal...

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...

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...

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...

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...

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...

State High Court Says Regional Entity Has Discretion in Environmental Analysis

In a narrowly drafted ruling, the California Supreme Court upheld a regional government body’s discretion regarding the greenhouse gas (GHG) emissions analysis it included...

California Supreme Court Issues Key CEQA Decision

The California Supreme Court ruled this week that evidence that a project may have a significant effect on the environment does not, in and...

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...

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...

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...