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Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...
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UPDATE June 10, 2021: On June 9, 2021, the Board voted to withdraw the revised ETS that they approved on June 3, 2021 (expected to go into effect on June 15, 2021). This means that the original ETS will remain in effect for...
June 2, 2021
Ninth Circuit Restricts Scope of PAGA Claims in Federal Court and Clarifies California Wage Statement Requirements
On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA”) action. Reversing a nearly $102...
May 25, 2021
Santa Clara County Employers: A Three-Step Guide to Tracking Individuals’ Vaccination Status
Update: On June 21, 2021, Santa Clara County updated its Order of the Health Officer to lessen the burden on employers regarding obtaining certifications of vaccination status. Employers must now require all personnel to...
California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) Summary: The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether...
The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits. Insurers have long enjoyed a nearly absolute right to settle claims,...
April 28, 2021
Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers
The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended...
On April 16, 2021, Governor Gavin Newsom signed SB 93 into law. The bill requires employers in specified hospitality and business services-related industries to offer to rehire certain workers who were laid off during the...
Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...
The Supreme Court’s Facebook, Inc. v. Duguid decision finally settled the confusion over what equipment constitutes an automatic telephone dialing system (a robodialer) that can violate the Telephone Consumer Protection Act...
The Texas Supreme Court has accepted certified questions from the Fifth Circuit Court of Appeals to clarify Texas’s eight-corners rule for determining the existence of a duty to defend. In Bitco Gen. Ins. Corp. v. Monroe...
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”). California’s prior supplemental paid sick leave...