Sarah Downey News
Lawmakers seek answers on Newsom’s COVID-19 data dissemination
As legislators take up oversight hearings on vaccine distribution, they also want further action on COVID-19 data sharing, after the governor last week rolled back virus restrictions without articulating what details led to the announcement.
Ninth Circuit denies California legal challenge to federal preemption on meal and rest break rules
Finding no viable safety benefit in California’s meal and rest break (MRB) laws for truck drivers, the U.S. Ninth Circuit Court of Appeals recently upheld that federal laws preempt state rules in denying a petition brought by labor unions and California Attorney General Xavier Becerra.
Substantial regulatory changes under consideration for Prop 65 labels
Newly proposed regulatory changes to Proposition 65 short-form warning labels represent a pronounced shift from the current rules and add a new layer of litigation exposure for businesses struggling to comply with a host of other mandates amid the COVID-19 pandemic.
New scorecard rates legislators’ efforts to instill fairness in California’s civil justice system
The Civil Justice Association of California (CJAC) has released a first-time scorecard that gauges lawmakers’ recent work to foster parity and balance in the state’s civil court procedures, evaluating actions on key bills concerning liability expansions, frivolous litigation, reform, and other policy.
Concerns grow as California has used less than half of 5 million COVID-19 vaccines received
With California now predicting it could take months longer than anticipated to vaccinate people ages 65 and older, a health policy expert said a wider distribution network could improve efficacy and help the state advance further in its economic recovery.
Business community urges lawmakers to support policy that stems tide of economic losses
A coalition of nearly 200 business groups has sent a letter to Gov. Gavin Newsom and state lawmakers, calling for renewed focus on policy that helps job creators survive the economic upheaval caused by the COVID-19 pandemic.
California Supreme Court issues decision on time frame for applying ‘ABC’ worker classification test
The California Supreme Court recently ruled that the “ABC test” arising from its 2018 Dynamex decision applies retroactively to wage order cases, adding another layer of law to review in worker classification litigation.
Amid pandemic, business community looks to state lawmakers for litigation relief
As businesses strive toward economic recovery in 2021, new research shows California is the state with the most COVID-related workplace class action lawsuits, a trend likely to continue absent some form of state or federal liability protection.
Proposed California budget benefits from surplus but raises questions about long-term economic recovery
California’s higher than anticipated tax revenue is going to help in this year’s financial recovery, but beyond the 2021 budget, the state will still have the same issues to face before the pandemic began.
Cal/OSHA temporarily adjusts ETS violation enforcement measures
As businesses seek to integrate the new Cal/OSHA emergency temporary standards (ETS) into workplace protocols, concerns persist about when enforcement and penalties will be assessed.
To prevent COVID transmission, EEOC guidelines allow for excluding unvaccinated employees from workplaces
New guidance from the Equal Employment Opportunity Commission (EEOC) seeks to clarify to what degree employers can require workers to get the COVID-19 vaccine and what exceptions are permitted.
Schools reopening plan would be rolled out in phases, supported by new budget appropriation
Following months of remote learning challenges caused by the COVID-19 pandemic, the state is planning to roll out in-person learning for some students in the next few months.
Lawsuit alleges new CAL/OSHA standards shift infeasible burden onto employers
A coalition of agriculture and business groups has filed a lawsuit that challenges the recently passed CAL/OSHA emergency temporary standards (ETS), alleging the board has exceeded its jurisdiction by superseding mandates from state and federal authorities.
California State Bar outlines work for new discipline commission, prepares for next online bar exam in February
Applications are scheduled to be submitted this week for a new commission that will examine disparities and causal factors in the State Bar attorney discipline system, and recommend how to improve parity and effectiveness.
New federal COVID stimulus package could help in short term; longer-term impact less clear
As final agreements on the new COVID-19 stimulus package were negotiated last week, crucial help for businesses and families was approved alongside projects having less to do with economic recovery.
New legislation among safeguards under consideration to tackle EDD fraud
With California’s Employment Development Department (EDD) fraud reaching into the billions of dollars, state lawmakers want effective protections enacted as soon as feasibly possible as the legislature reconvenes this week.
New legislation would repeal AB 5; Voters made views on AB 5 clear, law maker says
New legislation would repeal AB 5; ‘It would help the people of California, who have made their views on AB 5 clear with the overwhelming passage of Proposition 22’
Lawsuit seeks to repeal newly passed CAL/OSHA regulations
A new lawsuit alleges the CAL/OSHA emergency rules passed last month were not enacted in accordance with the California Administrative Procedure Act, which requires prior notice and public hearings, and that the rules override another state law governing wage regulation.
Separation of powers lawsuit challenges Newsom executive orders
A lawsuit filed on behalf of two central California establishments argues that Gov. Gavin Newsom has overreached with his Blueprint for Reopening plan and should be prevented from restricting how businesses operate due to the state’s separation of powers doctrine.
Now with two vaccines approved, California hospitals, nursing homes await more supply
With Friday’s FDA emergency authorization of a second COVID-19 vaccine, thousands more inoculation doses will be arriving in California as officials work to immunize all of the state’s Phase 1a recipients.