Legal Alert, Labor and Employment Law
Jan 27 | Legal Alert, Labor and Employment Law
In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an employee plaintiff advancing a claim of retaliation pursuant to California Labor Code section 1102.5 may prevail by showing that a retaliatory motive was merely a contributing factor behind an adverse employment action.
Legal Alert, Labor and Employment Law
Jan 14 | Legal Alert, Labor and Employment Law
The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. The newest Cal/OSHA ETS, which was drafted prior to Dec. 16, 2021, is already partially out-of-date based on the California Department of Public Heath’s Guidance For the Use of Masks (released Jan. 5, 2022) and the CDPH’s Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (released Jan. 8, 2022); these changes have been addressed in the Cal/OSHA ETS FAQs.
Case Summary, Labor and Employment Law
Jan 07 | Case Summary, Labor and Employment Law
December's case summaries include rulings on wage statements, wrongful death actions filed against a spouse's employer, and PAGA settlements.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became effective immediately (such as the COVID-related right to rehire and sick pay laws), while others do not become effective until Jan. 1, 2022. Employers should ensure that their policies, procedures, and systems comply with these new and updated laws.
Publication, Labor and Employment Law
2021 | Publication, Labor and Employment Law
Robert T. Matsuishi 's article, "Avoid Speculation and be Clear When you Convey a Section 998 Offer to Compromise," appeared in the Fall 2021issue of the Orange County Association of Business Trial Lawyers Report.
Article, Labor and Employment Law
2021 | Article, Labor and Employment Law
Ethical behavior is vital to a business’s reputation with both the public and its workforce, and society is paying close attention to how businesses, and individuals, respond to the many issues that affect our daily lives. It is important to set yourself up for success by implementing an ethical approach to decision making.
Publication, Insurance Coverage
2021 | Publication, Insurance Coverage
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article examines a few of these predictions and how they played out. Understanding these issues will help policyholders better plan for, and protect themselves from, future outbreaks.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
The Federal No Surprises Act goes into effect on January 1, 2022 and contains provisions designed to protect insured patients from unexpected hospital and physician bills when they receive emergency services in an out of network hospital. Unfortunately, the interim final rules issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services purport to impose significant restrictions on provider reimbursement that contravene clear statutory language.