Wednesday, February 26, 2020

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...

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 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...

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...

State Supreme Court Will Consider How to Deal With ‘De Minimis’ Time

Employers frequently run into questions regarding counting small, or “de minimis,” periods of time. Lawsuits have been filed over small amounts of uncompensated time...

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...