Sunday, December 9, 2018

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...

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...

Franchisor/Franchisee Business Model Wins in Decision on Lawsuit against McDonald’s

In a victory for the franchisor/franchisee business model, a federal court in California recently found that McDonald’s does not control the wages paid to...

Effort Asks U.S. High Court to Reverse Expansion of State Jurisdiction in Lawsuits

The California Chamber of Commerce has joined an effort to shut down unexpected litigation for companies that do business in California. The CalChamber has joined...

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...

CalChamber, U.S. Chamber Urge Court to Review Wage Statement Questions

The California Chamber of Commerce has joined the U.S. Chamber of Commerce in urging the Fourth Appellate District Court to review a case involving...

Appeal Court Hears CalChamber Arguments Against Auction of Cap-and-Trade Credits

A Sacramento appellate court heard oral arguments this week on a closely watched lawsuit filed by the California Chamber of Commerce concerning the California...

More Timekeeping Guidance from Court on Standards for Rounding Entries

An appellate court decision that further clarifies the ability of California employers to round employee timecard entries has been published at the request of...

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...

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 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...

Appeals Court Rules: Project Consistency with GHG Plan Sufficient Under CEQA

A recent appeals court decision provides further guidance on what qualifies as an adequate greenhouse gas (GHG) impact analysis under the California Environmental Quality...

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...