SUMMARY In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called “intentional act” may give rise to insurance coverage under a...
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June 4, 2018
Nevada Supreme Court Clarifies What Qualifies a Nevada Employer to Pay Lower-Tier Minimum Wage
The Minimum Wage Amendment (“MWA”) to the Nevada Constitution allows an employer who offers “health benefits” to pay a minimum wage of one dollar per hour less than an employer who does not provide health benefits....
On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the...
May 1, 2018
California Supreme Court Takes a Sharp Turn in Decision Involving Classification of Delivery Drivers
The California Supreme Court has taken a significant step away from the long-used multifactor test to determine whether individual workers are employees or independent contractors, and toward a test that presumes workers in...
This month’s two key California employment law cases are both significant decisions involving wage-and-hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542, 229 Cal. Rptr. 3d 347 (2018)...
April 12, 2018
Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable
SUMMARY In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following,...
This month’s key California employment law cases both involve privacy in the workplace. Rojas v. HSBC Card Servs. Inc., 20 Cal. App. 5th 427, 228 Cal. Rptr. 3d 640 (2018) Summary: Installing recording device and...
On March 5, 2018, in a unanimous decision, the California Supreme Court in Alvarado v. Dart Container Corporation of California clarified how employers must calculate the regular rate of pay for purposes of...
This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages. Bustos v. Glob. P.E.T., Inc., 19...
January 27, 2018
NLRB Overturns Obama-Era Limitation on Employers’ Ability to Implement Changes in Union Workplaces
The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...
This month’s key California employment law cases involve recovery of attorney’s fees by a prevailing defendant and the California Labor Code Private Attorneys General Act (“PAGA”). Lopez v. Routt, 17 Cal. App. 5th...
December 21, 2017
Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor Standards Act
In a case of first impression in the Ninth Circuit, Benjamin v. B&H Educ., Inc., 877 F.3d 1139 (9th Cir. 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether vocational...