Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
On August 27, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to address eligibility for FFCRA benefits in light of the complexity school program offerings. The FAQ now has three additional questions (98 – 100) addressing hybrid and remote schooling. The questions are summarized in this article.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers need to be aware of how to handle employee requests to accommodate both physical and mental health issues stemming from current or past opioid use, as well as how to verify legal use.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
In Robinson v. Southern Counties Oil Co., 2020 WL 4696742 (certified for publication Cal. Ct. App. Aug. 13, 2020), the California Court of Appeal held that an action under the Private Attorneys General Act (“PAGA”), Cal. Labor Code § 2699, et seq. cannot be duplicated once another PAGA matter covering the same set of facts, the same employer, and during the same time frame is resolved, and claim preclusion deprives a former employee of standing to bring claims arising exclusively after he was employed.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will contract by a third party, the plaintiff must allege that the defendant engaged in an independently wrongful act, and (2) whether contractual restraints on business-to-business contracts are invalid depends on whether the restraint is reasonable.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards. However, failing to comply with such standards may result in personal injury liability, fines, and business license suspensions.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to union and non-union employers alike.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
This month's key employment law cases involve ministerial exception, arbitration agreements, and Private Attorneys General Act (PAGA).
Article, Business Litigation
2020 | Article, Business Litigation
Freedom of contract is broad. Parties have many options when divvying up rights and duties pursuant to a written contract. Remedies can be limited; damages can be liquidated. One option is an indemnity provision. Everyone knows what that entails, right?
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides detailed information for employers in an easy-to-read checklist format.
