Cal/OSHA is increasing its focus on enforcement of heat illness violations. On December 12, Cal/OSHA issued its first willful violation alleging Parkwood Landscape Maintenance (Parkwood) failed to comply with California Code...more
On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more
On July 1, California Senate Bill 478 (SB 478) will take effect. Enacted to augment the Consumer Legal Remedies Act’s ban on certain deceptive advertising practices, this measure seeks to address the growing prevalence of...more
As noted in our recent client alert and blog, many legal commentators and those in the business community speculated that the California Department of Justice, Office of the Attorney General would issue guidance on SB 478. On...more
5/31/2024
/ Consumer Protection Laws ,
Disclosure Requirements ,
E-Commerce ,
Effective Date ,
Fees ,
Hidden Fees ,
New Guidance ,
Restaurant Industry ,
Retailers ,
State Attorneys General ,
Unfair Competition Law (UCL)
On Oct. 7, 2023, California Governor Gavin Newsom signed SB 478 into law. When it becomes effective July 1, 2024, the law will amend the California Consumer Legal Remedies Act (CLRA) to generally ban so-called drip pricing...more
3/29/2024
/ Biden Administration ,
Consumer Protection Laws ,
Enforcement ,
Enforcement Priorities ,
Fees ,
Goods or Services ,
Governor Newsom ,
Hidden Fees ,
New Legislation ,
Penalties ,
Statutory Violations
As we detailed here, California’s passage of SB 1162 expanded the pay data reporting obligations for private employers with 100 or more employees that file annual federal Employer Information Reports (EEO-1) to include...more
A new California law, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or AB 257), creates the Fast Food Council, which is charged with dictating minimum standards for employees of fast-food...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
7/11/2022
/ ABC Test ,
Class Action ,
Class Certification ,
Dynamex ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
State Labor Laws ,
Subcontractors ,
Vendors ,
Wage and Hour
On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more
2/11/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
McDonnell Douglas Formula ,
Protected Activity ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many states. For the most part, that does not impede their work or their...more
Congress enacted the Class Action Fairness Act to address perceived problems with the handling of class actions by courts. Among its provisions was one permitting removal of more class action claims to federal court. ...more