California

The 2013 Amendment to the Wage-Statement Statute: A Dog with Bark Worse Than Bite?

The 2013 Amendment to the Wage-Statement Statute: A Dog with Bark Worse Than Bite?

Posted on June 19, 2013 by Simon Yang

Labor Code Section 226 makes California employers liable for penalties if they issue inadequate wage statements that cause ‘injury.” Courts generally have denied penalty claims where hypertechnical violations did not cause real harm. Full Story

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California Private Sector Employment Legislation Update

California Private Sector Employment Legislation Update

Posted on June 12, 2013 by Governmental Affairs Team

May 31 was the deadline for most California state bills to pass their house of origin to be further considered in this year’s legislative session, so the winnowing proceeds. Full Story

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Environmental Impact Review Not Needed Before Starting Eminent Domain Proceeding

Environmental Impact Review Not Needed Before Starting Eminent Domain Proceeding

Posted on June 11, 2013 by Sheppard Mullin

In Golden Gate Land Holdings, LLC v. East Bay Regional Park District, the California Court of Appeals considered whether an Environmental Impact Report (“EIR”) must be prepared where the California Environmental Quality Act (“CEQA”) and eminent domain law intersect. Full Story

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Supreme Court Declines to Hear Appeal Challenging California Laws Allowing Unions to Picket On Private Property

Posted on June 10, 2013 by Brennan W. Bolt

Today the Supreme Court denied to review an appeal in Ralphs Grocery Company v. United Food & Commercial Workers, Case No. 12-1162, challenging the constitutionality of two California laws that give organized labor the right to picket on the private property of a targeted business despite the property owner’s objections. Full Story

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The Class Action Industry Remains Healthy After California’s Brinker Decision On Meal and Rest Periods

The Class Action Industry Remains Healthy After California’s Brinker Decision On Meal and Rest Periods

Posted on June 5, 2013 by Jeffrey C. Freedman

The class action “cottage industry” seems to be healthy. Last year the California Supreme Court decided Brinker Restaurant Corp. v. Superior Court and held that an employer must only provide its employees with statutorily mandated meal and rest periods; the employer is not required to ensure that the employees actually take the time off. Full Story

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Insurers’ Goal Line Stand: California Coverage Action Stayed While New York NFL Concussion Litigation Case Marches On

Insurers’ Goal Line Stand: California Coverage Action Stayed While New York NFL Concussion Litigation Case Marches On

Posted on June 3, 2013 by Richard J. Cohen

A California appellate court recently affirmed a stay of California litigation commenced by the NFL against multiple insurers seeking coverage for traumatic brain injury cases. Full Story

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Did You Know…Minimum Wage Hike Passes California Assembly

Did You Know…Minimum Wage Hike Passes California Assembly

Posted on June 3, 2013 by Jennifer Reass

On May 30, the California Assembly passed AB 10, a bill that would increase California’s hourly minimum wage from $8 to $9.25 in three separate increments over the next three years.  Thereafter, the bill would require the minimum wage to adjust annually for inflation. Full Story

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New Lawsuit Challenges the California Supreme Court’s Original Jurisdiction Over Power Plant Siting Cases

Posted on June 3, 2013 by Allison Smith

Communities for a Better Environment (CBE) and Center for Biological Diversity (Center) filed suit on May 29, 2013 to challenge the constitutionality of a provision of California law that requires appeal directly to the California Supreme Court of any decision on a thermal power plant license by the California Energy CommissionFull Story

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California Federal Court Finds Healthcare IT Worker Exempt from Overtime Pay  Under Computer Professional Exemption

California Federal Court Finds Healthcare IT Worker Exempt from Overtime Pay Under Computer Professional Exemption

Posted on June 3, 2013 by Noel Tripp

Changes in technology and technology-related jobs occur at warp-speed; the law, however, moves slowly. For this reason, regulations regarding exempt status of workers are sometimes drafted with broad language to capture future changes in duties and positions not in existence at the time the regulations are implemented. Full Story

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California Legislature Winnows CEQA Bills

Posted on June 2, 2013 by Julie Jones

Out of 26 CEQA bills introduced early this year, eight have met the Legislature’s May 31 deadline to move from the state Senate to the Assembly or vice versa, and therefore are still considered viable. Full Story

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