Wednesday, February 26, 2020

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...

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...

Independent Contractor Test Applies Retroactively

Last week, a federal appeals court ruled that the test for determining whether a worker is an independent contractor, established by last year’s California...
Judicial Hellholes 2014-2015

California Ranks as No. 2 ‘Judicial Hellhole’

California was identified as the No. 2 “Judicial Hellhole” in the nation, after two years of taking the No. 1 spot, in the latest...

Workers’ Comp Ruling Reaffirms 2004 Reforms

A recent decision by the 3rd District Court of Appeal helps define how factors outside the workplace are to be treated when apportioning the...

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...

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...

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...

CalChamber Defends Arbitration; Seeks High Court Review of Key Case

The California Chamber of Commerce is urging the U.S. Supreme Court to review a decision that threatens to disrupt existing arbitration agreements and erode...

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...

Private Attorneys Target California Businesses for Public Nuisance Claims

Government entities’ use of contingency fee arrangements with private attorneys to pursue public nuisance claims against companies has been a growing concern for California...

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...

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...

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...

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...

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...