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On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...
Taylor Brown has joined Payne & Fears LLP as an associate attorney based in the firm’s Irvine office. Taylor represents employers in all areas of labor and employment law, including wage-and-hour violations,...
Hill v. Walmart Inc., No. 21-15180, 2022 WL 1218776 (9th Cir. Apr. 26, 2022) Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of...
DEI continues to expand its influence in the corporate world. Legal issues related to gender, gender identity, and race continue to surface regularly. How can employers take appropriate steps and avoid potential legal...
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals...
Update 5/7/22: The third revised ETS went into effect as expected on May 6, 2022. The final language is available on the Cal/OSHA Website. On May 7, 2022, Cal/OSHA also updated and published a new set of Frequently...
April 22, 2022
Hospitals’ Potential Liability for Failing to Disclose Emergency Room Facility Fees Explored by California Court of Appeal
California hospitals should be aware of a new California Court of Appeal decision that explores whether hospitals can be held liable for failing to disclose their emergency room fees to patients prior to evaluating/treating...
DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California Labor...
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code section...
March 11, 2022
Texas Federal Court Rejects Challenge to Additional-Insured Coverage Based on Anti-Indemnity Statute
In another policyholder-friendly decision, a Texas federal court denied an insurer’s attempt to rely on an anti-indemnity statute to avoid a duty to defend an additional insured. Knife River Corporation – South, v....
Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue...
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The act passed both houses of the legislature with broad bipartisan support. The act, which...