Sarah Downey News
California employers seek assurances from state on Covid mitigation protocols
With coronavirus cases on the rise, the California business community is looking for direction from the state on potentially more restrictive mask and vaccine policies in workplaces.
California legislators prepare for next round of policymaking as summer recess concludes
With state lawmakers scheduled to resume the Legislative session this week, concerns persist about regulatory action on California businesses as they seek to balance public health concerns with nascent economic recovery.
Federal appeals court to hold en banc review involving antitrust class action certification
The U.S. Court of Appeals for the Ninth Circuit has ordered a rehearing en banc for an antitrust case concerning class action certification numbers that was decided 2-1 earlier this year.
New appeals court decision extends time to bring PAGA claims
With a new poll that ranks California 47th out of 50 in cost of doing business, a new court ruling is prompting concerns about more Private Attorneys General Act (PAGA) cases being filed after the statute of limitations has ended.
Ninth Circuit declines to review earlier ruling on AB 5 application to interstate trucking
A recent federal appeals court decision that found interstate motor carriers are not exempt from AB 5 has prompted questions about what other professions could now receive exemptions from the controversial mandate.
Federal law preempts state court decision in arbitration case, court rules
A recent state appeals court decision found that the Federal Arbitration Act (FAA) default rule applied in a case where the parties disagreed if an arbitration contract was binding or nonbinding.
New analysis, polling underscore concerns about homelessness in California
With a new poll showing 52% of people feel the state has performed poorly on homelessness, cities conflicted about affordable housing, and eviction bans winding down, questions persist about how the new $12 billion in state spending can fix the growing issue of unhoused residents in California.
California Supreme Court rules new payment structure applies for meal and rest penalties
The California Supreme Court has ruled that employers’ calculation of the required one hour premium payment for missed, late or short meal and rest breaks must take into account all nondiscretionary payments, such as certain types of bonuses and shift premiums, and that it applies retroactively, a decision that absent arbitration could result in a greater amount of workplace litigation.
California Supreme Court finds premium payment requirements apply retroactively
A California Supreme Court ruling has established different requirements for calculating the payment amount for noncompliant meal and rest breaks, finding that the state Labor Code should be interpreted as applying the rate paid for overtime and not the base rate of pay.
Recent CCPA enforcement action affects wide range of industries
A new list from the Attorney General’s office that shows enforcement actions brought under the California Consumer Privacy Act (CCPA) is raising questions about what opt-out measures may trigger notices from the state other than what’s specified in the statute.
U.S. Supreme Court ruling denies class action standing for some statutory claims
A recent Supreme Court decision, TransUnion v. Ramirez, that limits restitution in federal class action litigation also raises questions about how it may impact the nature of claims brought in state court.
California pre-trial ruling says federal preemption applies in Roundup lawsuit
Ahead of a trial scheduled to start this week, California Superior Court Judge Gilbert Ochoa ruled that federal law preempts a claim of failure-to-warn in a case against the manufacturer of Roundup herbicide.
California budget raising questions about future financial burden
Record spending in the 2021-22 state budget is prompting questions about the sustainability of such funding levels in the future without reducing services or raising taxes.
Federal appeals court rules statutory claims are subject to arbitration agreement
A recent Ninth Circuit Court of Appeals ruling presents a broad interpretation of arbitration agreements when an employee knowingly waives the right to a judicial forum to resolve statutory claims.
California business community looks for further legislative effort to promote economic recovery
With the California Legislature now in summer recess, questions persist about the scope and impact of bills that will eventually be approved this session.
Court rulings provide different direction in California wage and hour litigation
Recent court rulings that have found for employers in wage statement cases may have bucked a trend, but it remains to be seen how such decisions could impact the amount of legal action filed.
Judge rules against lawsuit to include party affiliation on recall ballot after statutory deadline
With California’s gubernatorial recall election fast approaching, Gov. Gavin Newsom learned last week that his name will appear on the ballot without his Democratic party designation.
Measures for learning worker vaccination status must comply with federal statutes
As more California residents get vaccinated against COVID-19, questions continue about which mandates cover how employers can determine whether employees are vaccinated or not.
Supreme Court overturns California requirement on disclosing charitable donor information
In Americans for Prosperity Foundation v. Bonta, the U.S. Supreme Court has ruled in favor of non-profit organizations seeking to preclude the California Attorney General from disclosing donor names.
U.S. Appeals Court slated to rule on emergency stay in Prop 65 case
A motion recently filed in the Ninth Circuit seeks to dismiss an emergency stay of a preliminary injunction that had temporarily prohibited the filing of Proposition 65 litigation concerning acrylamide in food and beverages.