Saturday, September 14, 2019

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 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...

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...

Court Accepts CalChamber Brief Supporting Vergara Education Case

A friend-of-the-court brief filed by the California Chamber of Commerce and other business organizations supporting the landmark decision in Vergara v. California has been...

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...

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 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...

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...

Workers’ Comp Case Attacks Basic Premise of System, Opens Door to Broader Liability

The California Chamber of Commerce recently filed a friend-of-the-court brief in a California Supreme Court case that will determine whether doctors who review workers’...

California Supreme Court Rejects ‘New Project’ Test

The California Supreme Court has unanimously ruled that subsequent changes to a development project which has already been subject to review under 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...

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...

Secondary Asbestos Exposure: Court Says Employers Should Exercise Care to Prevent

Employers or landowners owe a duty of care to prevent secondary exposure to asbestos, the California Supreme Court has ruled in a unanimous decision. “The...

Chief Justice Touts High Court’s Planning for Future

A “Futures Commission” headed by two associate justices is looking at ways to meet the state’s judicial needs, California Chief Justice Tani Cantil-Sakauye said...

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...

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...

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...