Wednesday, December 19, 2018

California Ranks as No. 1 ‘Judicial Hellhole’

California has landed atop the “Judicial Hellholes” list again, according to the latest ranking of the “most unfair” civil litigation courts by the American...

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...

High Court Ruling Raises Questions on Passage of Local Special Taxes

How many voters does it take to pass a local special tax? Since Proposition 13 in 1978, voters have had the final say on local...

California Court of Appeal Upholds Lead Safe Harbor Under Proposition 65

The legal fight over the validity of the Office of Environmental Health Hazard Assessment (OEHHA) “safe harbor” for lead may finally be over for...

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...

High Court Decisions Leave Employers with Uncertainty

California employers are once again left with uncertainty regarding the Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual following a California...

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...