Thursday, February 27, 2020

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...

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...

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)...

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...

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...

Swift Action Needed in Prop. 65 Case to Avert Disruption in Multiple Sectors

The California Chamber of Commerce is urging the Fifth District Court of Appeal to expedite its decision and reverse the erroneous listing of a...

State Lawsuit Climate Ties All-Time Low

For the third time since 2012, California’s lawsuit climate ranked No. 47 out of 50 in the national survey by the U.S. Chamber Institute...

State Supreme Court Ruling May Threaten Longstanding Local Taxpayer Protections

A California Supreme Court decision makes it easier to raise some local taxes. But how much easier remains to be seen. For two decades, local...

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 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...

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...

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...

Californians Rely on Judicial Branch to Ensure, Protect, Access to Justice

“Separation of powers,” “judicial independence” and “rule of law” are abstract concepts with important implications. At an abstract level, most Americans cannot identify with these...

CalChamber Appeals Court Decision Upholding Cap-and-Trade Revenues

The California Chamber of Commerce this week petitioned the California Supreme Court to review the split decision by the 3rd District Court of Appeal...

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...

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...

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...