Update Aug. 21, 2024 Court Finds FTC Non-Compete Ban Unenforceable Nationwide On Aug. 20, 2024, a United States District Court for the Northern District of Texas set aside the Federal Trade Commission’s Non-Compete Rule and...
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April 17, 2024
Supreme Court Lowers the Bar for Challenging Discriminatory Job Transfers Under Title VII
Today, the U.S. Supreme Court made it easier for employees to challenge discriminatory job transfers. In Muldrow v. City of St. Louis, the Court held that an employee challenging a job transfer under Title VII must show that...
Huerta v. CSI Elec. Contractors, No. S275431, 2024 WL 1245291 (Cal. Mar. 25, 2024) See our in-depth analysis HERE. Ortiz v. Randstad Inhouse Services LLC, 95 F.4th 1152 (9th Cir. 2024) Summary: To qualify as a transportation...
April 12, 2024
Federal Arbitration Act’s Interstate Commerce Exemption Applies Outside the “Transportation Industry”
In a unanimous opinion, the Supreme Court held today that the Federal Arbitration Act’s (“FAA”) exemption for any “class of workers engaged in foreign or interstate commerce” is not limited to workers whose...
March 28, 2024
California Supreme Court Clarifies When Certain Pre- and Post-Shift Activities Qualify as “Hours Worked”
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...
In a recent trial court decision, a Montana federal court reminds us how fragile insurance coverage can be for construction-related insurance claims. Specifically, this case illustrates how seemingly small factual nuances can...
Suarez v. Superior Court, 99 Cal. App. 5th 32 (2024) Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date. Facts:...
December 15, 2023
Court of Appeal Confirms Availability of Insurance Coverage for Some Kinds of Intentional Conduct
The California Court of Appeal recently issued a thoroughly reasoned decision in City of Whittier v. Everest National Insurance Company, et al. It addresses coverage for whistleblower retaliation claims and also has...
Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements...
Employers, it is time, once again, to update your existing handbooks and employment policies. California enacted several new laws that will affect your business beginning Jan. 1, 2024. On the flip side, in a win for...
It’s been said that in business, silence isn’t golden, it’s deadly. The same holds true for insurance, where communication with your insurer (or the lack thereof) can be the difference between coverage or a denial. On...
LaCour v. Marshalls of California LLC, No. A163920, 2023 WL 5543622 (Cal. Ct. App. Aug. 29, 2023) Summary: Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and...