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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

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Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

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Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Proskauer - California Employment Law

What Appellate Courts Are Missing About PAGA Standing After Viking River Cruises

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The California Supreme Court has scheduled oral argument for May 9, 2023 in Adolph v. Uber Technologies, Inc., a closely watched case that concerns whether a Private Attorneys General Act (PAGA) plaintiff loses standing to...more

Miller Nash LLP

“Take-Home COVID” Claims May Lead to Future Insurance Disputes

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What Are “Take-Home COVID” Claims? “Take-home COVID” claims are claims brought against an employer by the spouse or child of an employee who caught COVID-19 in the workplace and brought it home, infecting a spouse or child...more

McGuireWoods LLP

California Supreme Court: Meal and Rest Premium Payments Are “Wages”

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On May 23, 2022, the California Supreme Court held that premium pay for missed meal and rest breaks pursuant to Cal. Labor Code Section 226.7 are “wages” that must be reported on wage statements per Cal. Lab. Code § 226 and...more

Buchalter

Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

Buchalter on

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification...more

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

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NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

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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

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

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A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more

Sheppard Mullin Richter & Hampton LLP

As A Reminder That California Has Rejected The Doctrine Of Inevitable Disclosure, Court of Appeal Rules Knowledge Of Former...

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Grounded in California’s recognized hostility against restraints on competition, a recently published opinion from the California Court of Appeal, Hooked Media Grp., Inc. v. Apple Inc., held that to establish trade secret...more

Saul Ewing LLP

Insurers Beware: Choice of Law Provisions May be Overridden by Public Policy Provisions

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In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a...more

Jackson Lewis P.C.

California Supreme Court Rejects Claim For Unpaid Wages Under PAGA

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Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such...more

Locke Lord LLP

How to Operate in California with Independent Contractors After AB5 Bill Is Signed Into Law

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The latest version of Assembly Bill 5, which codifies the California Supreme Court’s Dynamex decision that was issued in April 2018, is about to become law. Dynamex created a so-called ABC test requiring companies to satisfy...more

Allen Matkins

Sustainable Development and Land Use Update - August 2019 #4

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Focus - California Supreme Court reinforces CEQA’s definition of a project - Allen Matkins – August 26 - In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court considered the...more

Seyfarth Shaw LLP

California Supreme Court Rejects Conversion Claim for Unpaid Wages

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Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more

Downey Brand LLP

California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA

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Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

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Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: California Supreme Court Weighs In

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This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center.  The case reviewed the decision of the California Court of Appeal from March 2017...more

Payne & Fears

California Supreme Court Clarifies the Law on Second Meal Period Waivers for Health Care Workers

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On December 10, 2018, the California Supreme Court unanimously held in Gerard v. Orange Coast Memorial Medical Hospital that section 11(D) of Industrial Welfare Commission (“IWC”) Wage Order No. 5, which permits health care...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

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This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Proskauer - California Employment Law

California Employment Law Notes - September 2018

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Employer Must Obtain Written Authorization To Conduct Background Check - Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) - Eileen Connor worked as a school bus driver for Laidlaw Education Services, a...more

Fisher Phillips

California Supreme Court Forces Employers To Comply With Strictest Background Check Standard

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In a case involving the potential overlap between the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA), the state’s high court ruled that employers must comply with...more

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