Sunday, July 21, 2019

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 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...

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)...

Court Affirms Rest Break Timing Requirement

A California court recently affirmed in Rodriguez v. E.M.E., Inc. that, in general, rest breaks cannot be combined. Relying on the California Supreme Court’s guidance...

Appeals Court Hears Oral Arguments in Landmark Teacher Tenure Case

A three-judge panel at the Second District Court of Appeal this week heard arguments in the landmark teacher tenure case, Vergara v. California. The California...

CalChamber Urges State High Court to Review Independent Contractor Test

The California Chamber of Commerce has filed a letter brief with the California Supreme Court urging it to review and decide what test should...

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...

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...

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...

On-Call Rest Periods Not Allowed, California Supreme Court Rules

In a disappointing decision for California businesses, the California Supreme Court ruled recently that on-call rest periods are not permissible. This decision will require...

CalChamber, Business Groups Urge Appeals Court to Uphold Landmark Education Case

The California Chamber of Commerce has joined with other business organizations to file a friend-of-the-court brief supporting the landmark decision in Vergara v. California. The...

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...

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 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...

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...

U.S. High Court Deadlocks on Union Fee Case

In a one-sentence ruling on March 29, a deadlocked U.S. Supreme Court upheld a system allowing public employers to require nonunion public workers to...

CalChamber Welcomes U.S. Supreme Court Decision in Arizona Redistricting Case​​​​​​

The California Chamber of Commerce today applauded the U.S. Supreme Court’s decision in Arizona State Legislature v. Arizona Independent Redistricting Commission, et al. “Today’s decision...