News & Insights

UPDATED 7/22/2020: The California Department of Industrial Relations has put out “Questions and Answers on Executive Order N-62-20,” which provides guidance and clarification on this issue, mainly directed at employees....

Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...

Today, President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“PPP/HCEA”) into law. This legislation infuses approximately $300 billion into the recently depleted Paycheck...

On April 23, 2020, the United States Supreme Court ruled that a party whose trademark has been infringed is not required to prove a “willful” violation to obtain an award of defendant’s ill-gotten profits. This...

Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...

On April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders. Emergency Order: Supplemental Paid Sick Leave Due to COVID 1.  Required Employers: An Employer with more than 500 employees within...

In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that...

UPDATED- April 1, 2020 The Department of Labor (“DOL”) has released guidance addressing two key questions under the Families First Coronavirus Response Act (“the Act” or “the FFCRA”): whether employees who have...

The federal government has enacted extensive COVID-related legislation but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those...

The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as...

On March 21, 2020, the Treasury Department and the Internal Revenue Service issued Notice 2020-18, which announced that the federal income tax filing and payment due date is automatically extended from April 15, 2020, to July...

With  non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that...