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.
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.
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.
Supreme Court Declines to Hear Appeal Challenging California Laws Allowing Unions to Picket On Private Property
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.
The Class Action Industry Remains Healthy After California’s Brinker Decision On Meal and Rest Periods
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.
Insurers’ Goal Line Stand: California Coverage Action Stayed While New York NFL Concussion Litigation Case Marches On
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.
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.
New Lawsuit Challenges the California Supreme Court’s Original Jurisdiction Over Power Plant Siting Cases
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 Commission.
California Federal Court Finds Healthcare IT Worker Exempt from Overtime Pay Under Computer Professional Exemption
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.
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.