Sarah Downey News
Ruling expected in Newsom lawsuit to include party name on recall ballot
A Sacramento Superior Court judge is expected to issue a ruling Monday on whether Gov. Gavin Newsom’s party affiliation will appear on the gubernatorial recall election ballot.
Newly amended legislation seeks to exempt unionized janitorial workers from PAGA
A revised bill that would exempt certain custodial workers from the Private Attorneys General Act (PAGA) is raising questions about what additional professions might be exempted from the controversial law.
Lawmakers urge further budget action on wildfire, water resource management
Amid the state’s drought conditions and growing concerns about what this year’s fire season will look like, lawmakers are calling for additional attention to water storage and wildfire resources ahead of the state's final 2021-22 budget.
With California budget process unfolding, and trailer bills sneaking in, transparency concerns mount
As California prepares to unveil its 2021-22 state budget, questions persist about how much transparency has been involved in the process and to what degree it has bypassed input from the public and other lawmakers.
Ninth Circuit cites 'knowing waiver' doctrine in remanding employment lawsuit to arbitration
A federal appeals court has ruled a lawsuit against employer must be arbitrated when the employee knowingly and voluntarily waives their right to a judicial forum.
U.S. Supreme Court rules against California regulation allowing union access on private agricultural property
The U.S. Supreme Court has ruled in favor of California agriculture growers in a decision that prohibits some forms of union organizing on private worksites, raising questions about how the case will impact other union recruitment efforts.
New Cal/OSHA ETS measures in effect; compliance protocols also to be addressed in next few weeks
With the latest Cal/OSHA Emergency Temporary Standards (ETS) now in effect, employers have clear guidance on mask wearing and social distancing for workplaces as businesses across the state continue efforts to return to pre-pandemic operations.
Award for civil justice leadership goes to Assemblymembers Choi, Rubio
The Civil Justice Association of California (CJAC) has selected two Assemblymembers to receive the organization’s 2021 Civil Justice Gavel Award for their willingness to work toward fairness and balance in California’s legal system.
COVID-related litigation piling up; Legal expert says lawsuit trend could go way of ADA
As California and other states reopen, more lawsuits that include COVID-related claims are being filed as people return to work, with more being brought against small businesses and health care providers, raising questions about how much litigation to expect.
Website accessibility lawsuits increase amid pandemic, prompting further calls for reform
During the COVID-19 pandemic, lawsuits alleging website noncompliance with the Americans with Disabilities Act (ADA) have been on the rise, due in part to more people spending time online, more attorneys seeking out plaintiffs, and garnering attention from Congress members who have reintroduced reform legislation.
Ninth Circuit overturns multi-million dollar damages award in PAGA claim
A federal appeals court has reversed a $102 million damages award in a case that alleged faulty wage statement itemization under the California Labor Code and the Private Attorneys General Act (PAGA).
Cal/OSHA due to pass new ETS revisions Thursday that take effect later this month
Cal/OSHA is expected to vote on new Emergency Temporary Standards (ETS) for California workplaces on June 17, revisions that were swiftly arrived at to comply with state and CDC guidance on mask wearing and social distancing.
Business, environmental groups push for Capitol Annex Project transparency
As state lawmakers prepare to vote on this year’s budget by the June 15 deadline, financial and environmental concerns persist about the Capitol Annex Project, which is projected to cost $755 million to $1.2 billion.
California State Auditor issues host of recommendations to reform attorney discipline system
The State Bar of California is due to issue its first progress update to the state Auditor later this month, to show efforts achieved in fixing the attorney discipline system.
New website encourages competition to improve energy reliability in California, across U.S.
As electricity demands increase this summer, The Pacific Research Institute (PRI) has launched a new website to encourage energy competition that leads to more affordability, innovation, and climate change solutions.
Citing lack of sufficient evidence, California appellate court declines $15 million claim for punitive damages
A state appeals court vacating of a $15 million award for punitive damages in a construction supervisor’s asbestos lawsuit indicates courts may be more prone to reverse a trial court decision absent satisfactory evidence to prove malice.
Business community opposed to new bills that would slow California’s economic recovery
As the state approaches full reopening next week, lawmakers have moved to the Inactive File a number of bills opposed by the business community, though several potentially costly mandates are still under consideration.
Amid reopening efforts, impact of state law mandating rehiring of displaced workers may be abated by worker shortage
A bill that could impose penalties on employers for rehiring policies might be affected by the current worker shortage as the state readies for full reopening next week.
New Cal/OSHA emergency rules differ from state and federal guidance, heightening business, employee concerns
A new lawsuit combining COVID-19 claims with wage and hour allegations is raising questions about how much litigation will ensue absent state lawmakers passing liability protections for businesses and without clarification of the revisions to the Cal/OSHA Emergency Temporary Standards (ETS).
Business community presses lawmakers to back bills promoting California’s economic recovery
As the state readies for full reopening this month, questions persist on how bills currently in the legislative process may help or hurt sustainable recovery from the economic impact of the Covid-19 pandemic.