California Nurses Union Strikes Again
The California Nurses Association (CNA) began yet another strike against Sutter Health on May 17, 2013, marking the organization’s ninth strike against the nonprofit healthcare company since 2011. Full Story
California
Update: U.S. Senator Barbara Boxer Tackles NEPA Reform in the Water Resources Development Act of 2013; CEQA Modernization Proposal Falls Short in California
Despite criticism from environmentalists and the Obama Administration concerning provisions that would streamline compliance with the National Environmental Policy Act (NEPA), the Senate passed the Water Resources Development Act of 2013 (WRDA), S. 601, by a decisive 83-14 vote on May 15. Full Story
With No Guaranteed Minimum, Employee That Received Unvarying Base Pay Was Not Exempt Under California Law
There has been a lack of clarity in California wage and hour law on how compensation must be structured to meet the “salary basis test,” particularly where an exempt employee is paid based on hours worked. Full Story
Third Circuit Rejects South Carolinan’s Effort to Bring Nationwide False Advertising Class Under New Jersey Law
The Ninth Circuit’s decision last year in Mazza v. American Honda Motor Co. [666 F.3d 581] (a case I argued) made it more difficult to sustain a nationwide class action under California consumer protection laws. Full Story
Trustee Empowered to Void Foreclosure Sale Where Error Discovered Before Delivery of Trustee’s Deed
California’s Supreme Court affirmed a trustee’s right to void a non-judicial foreclosure sale based on mistakes in the foreclosure process discovered before delivery of a trustee’s deed to the successful bidder. Full Story
Judicial Notice Doctrine Bolstered by Court of Appeal Decision
A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. Full Story
Coupon Settlements Revisited – Feder V Frank
Just about anyone who owns a printer has strong opinions on toner cartridges. An enterprising group of plaintiffs’ lawyers sought to capitalize on consumer annoyance with printer cartridges by filing three class actions in the Northern District of California against toner manufacturer Hewlett Packard. Full Story
Finding the Next Steve Jobs – Nolan Bushnell
Who was the first person to recognize Steve Jobs’ potential and offer him a job? It was Nolan Bushnell. By the way, Bushnell is also the founder of Atari, co-inventor of the video game Pong, founder of Chuck E. Cheese, and is a serial entrepreneur. Full Story
A Checklist of Possible Disability Accommodations
Complying with the laws regarding disability discrimination remains one of the greatest challenges employers face. Lately, I’ve been discussing new California regulations on this topic (found in Title 2, Division 4, Chapter 2, Subchapter 9 of the California Code of Regulations). Full Story
Sick Time PTO, Vacation, Holiday Pay
California Labor laws do not require that companies offer paid sick time, vacations pay or PTO nor does it require holiday pay. But if an employer does choose to offer these benefits California labor laws do govern how these benefits will be handled. Full Story
