Not Just Sticks and Stones: When Should Employers Step in?

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’  expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. View Full Post
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Trends in Medical Board License Defense in California

By | California License Law Blog | August 23, 2017
The California Medical Board received 8,679 complaints in fiscal year 2015-16 according to its latest comprehensive enforcement activity report.  During that same period, 299 accusations were filed by the Medical Board of California.  Medical license defense cases came from complaints overwhelmingly from the public, but also from complaints from license and professional groups and other governmental agencies.   View Full Post
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Is Your Agency’s Disciplinary Appeal Process Compliant with POBRA? You Might Be Surprised

A California Court of Appeal recently found that the City and County of San Francisco’s disciplinary procedure for police officers is not compliant with the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), which requires that all California law enforcement agencies provide officers with certain minimum procedural rights.  View Full Post
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Webinar: 2017 Update On Accommodating Employees with Disabilities

On September 27, 2017, at noon, I will be presenting a webinar entitled “2017 Update: Accommodating Employees With Disabilities.” The program is intended for human resource professionals and anyone else who fields requests for accommodation for their employer. I will explain what constitutes a disability, the extent of employers’ duties to engage employees in the interactive process to explore possible accommodations, and steps employers can take to meet their legal requirements and minimize their exposure to discrimination claims. View Full Post
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New Court Decisions Change the Landscape of Private Attorneys General Act Representative Actions

Two cases decided in the last two months have further clarified the scope of discovery and plaintiff’s ability to pursue damages in addition to individual damages under California’s Private Attorneys General Act (PAGA).  The holdings are a bit of a mixed bag for employers, but they offer some clarification into PAGA.  View Full Post
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No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

Seyfarth Synopsis: California courts are often hostile towards defendants that seek to require litigious employees to honor their arbitration agreements. The defendant’s plight might seem more stark still if the defendant has not itself signed the agreement. But defendant employers still have means of enforcing such agreements, which can be especially significant in class actions claiming joint employment.  View Full Post
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Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves That Writ Petition Motivated City to Produce Responsive Documents

The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”  To effectuate the public’s right to see public records subject to disclosure, the PRA allows any person to institute proceedings for injunctive or declarative relief or writ of mandate.  View Full Post
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California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City liable in inverse condemnation for sewage backup into private property even though the owners failed to install and maintain backwater valves on their private property as required by state and local legal authority.  View Full Post
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Tracking the Importance of Recusals in Criminal Cases (Part 1)

Last week on both the Illinois Supreme Court Review and this blog, we tracked recusals, year-by-year in civil cases.  This week on both blogs, we’re tracking the importance of recusals in criminal cases.  While recusals in civil cases are often caused by a Justice’s personal or financial interest in a party, the most common cause of recusals on the criminal side is that the case was argued and essentially decided before the Justice joined the Court, or because the case was decided by the Court of Appeal from which the Justice came. View Full Post
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