Wednesday, March 20, 2019

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...

Court Sides with Employer in Workers’ Comp Case

A state appeals court has ruled that a worker’s claim of a psychiatric injury did not meet the tests to qualify for workers’ compensation...

Appeals Court Reverses Landmark Decision on State Teacher Tenure, Dismissal Laws

The California Second District Court of Appeals has overturned a landmark lower court ruling that had challenged teacher tenure and dismissal laws. On April 14,...

Alameda Court Ruling Favors Business Community

In a favorable ruling for the California Chamber of Commerce and the broader business community, an Alameda Superior Court judge has denied an environmental...

State High Court Rules on Suitable Seating

The California Supreme Court this week issued a long-awaited decision on the issue of when an employer must provide “suitable seats” to an employee. The...

U.S. High Court Deadlocks on Union Fee Case

In a one-sentence ruling on March 29, a deadlocked U.S. Supreme Court upheld a system allowing public employers to require nonunion public workers to...

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...

Appeals Court Hears Oral Arguments in Landmark Teacher Tenure Case

A three-judge panel at the Second District Court of Appeal this week heard arguments in the landmark teacher tenure case, Vergara v. California. The California...

CalChamber Files Brief on Meal Breaks During 12-Hour Shifts

The California Chamber of Commerce has added its arguments in a case that may help clarify meal and rest period requirements for health care...