California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings -
The National Law Review -
On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more
In this inaugural episode of ArentFox Schiff’s Consumer Product Industry Group’s podcast series, the Group’s co-leaders Michelle Mancino Marsh and Lynn Fiorentino discuss the potential implications of California’s latest...more
On April 5, 2022, in response to comments and opposition from companies and trade organizations over the last year, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA),...more
An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex -
Introduction -
In the past few years, California employers and courts have grappled with the impact of Dynamex Operations West,...more
As we previously reported, in 2019, the California Chamber of Commerce filed suit against the State of California in federal district court, requesting that the State and private enforcers be enjoined from requiring...more
Identifying Acrylamide Exposure Risks to Protect Residents of California -
California’s Office of Environmental Health Hazard Assessment (OEHHA) announced it proposed adding a new subsection to Article 6 of Title 27 of...more
Due to the ongoing COVID-19 pandemic, Emergency Rules for filings, service, and statutes of limitation remain in effect in California state courts. While “temporary” rules first went into effect on April 6, 2020, many remain...more
Many of us are familiar with the triangular “chasing arrows” recycling symbol that can be found on products and packaging. Consumers may believe they are doing their part for the environment when purchasing items with the...more
Proposed Restrictions on Prop 65 Short-Form Warnings EHS Daily Advisor Changes to California’s Proposition 65 (Prop 65) short-form warning label regulations are expected soon. Once adopted, impacted industry will have one...more
Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals it has determined to cause cancer, or birth defects, or other reproductive harm. Since California has the...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
Employee misclassification continues to be the largest source of class action litigation in the logistics industry.
California Trucking Association v. Bonta May Head to the Supreme Court -
Independent contract...more
9/22/2021
/ ABC Test ,
Appeals ,
Class Action ,
Class Certification ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Misclassification ,
NLRA ,
Putative Class Actions ,
Reversal
Labeling Laments: Packaging and Label Regulations Are a Major Challenge to the Expanding Cannabis Industry -
East Bay Express -
When California cannabis companies prepare to go to market with a new product, they often...more
Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Compensation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Meal Penalties ,
New Regulations ,
Rest and Meal Break ,
Wages
Have you shopped for jewelry, cosmetics, furniture, or exercise equipment recently? If so, you have most likely come across a Proposition 65 warning sticker. If you are unsure of whether the warning label should keep you from...more
In this installment of Arent Fox’s Cannabis Counsel Cast, Partners Emily M. Leongini and Lynn R. Fiorentino discuss a recent proposal to require new Prop 65 warnings for cannabis products that expose consumers to THC and/or...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more
As we previously reported, in 2019 the California Chamber of Commerce filed suit against the State of California requesting that the State and private enforcers be enjoined from requiring Proposition 65 warnings on foods that...more
On January 8, 2021, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the content and conditions for use associated with the widely-used short-form...more
In our closing episode on COVID-19 related financial fraud, Scott Peeler, Lynn Fiorentino, and Susan Tran from our Government Enforcement & White Collar group focus the discussion on how to best prepare if the government...more
In today’s episode, Scott Peeler, Lynn Fiorentino, and Susan Tran from our Government Enforcement & White Collar group keep the discussion going on COVID-19 related aid. The bottom line? Businesses and individuals who apply...more
Potential Impact of California’s Prop. 65 on Manufacturers, Distributors, and Sellers of Cannabis Products
In a Cannabis Counsel podcast, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of...more
Earlier this week, the federal government reopened the Paycheck Protection Program – and emphasized a renewed focus on preventing fraud and abuse. In today’s episode, Scott Peeler, Lynn Fiorentino, and Susan Tran from our...more
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry -
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
1/7/2021
/ Appeals ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Data Protection ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
New Jersey ,
Political Campaigns ,
Retirement Plan ,
SCOTUS ,
TCPA ,
Text Messages ,
Thole v U.S. Bank ,
Trucking Industry ,
Wage and Hour
In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries.
Key Retail...more
1/7/2021
/ Anti-SLAPP ,
Appeals ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Fashion Industry ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Motion for Summary Judgment ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Retailers ,
Settlement Agreements ,
Sports Apparel ,
Wage and Hour ,
Wages