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News & Insights

August 13, 2020

Nevada Businesses Protected from Civil Liability for COVID-19: What Companies Need to Know

News/Alerts
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....
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August 10, 2020

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

News/Alerts
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...
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August 10, 2020

Key California Employment Law Cases: July 2020

News/Alerts
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...
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August 6, 2020

Economic Tort of Tortious Interference With At-Will Contractual Relations Requires Allegation of Independent Wrongful Act

News/Alerts
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...
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August 5, 2020

Potential Perils and Pitfalls of Construction Indemnification

Articles
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...
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July 27, 2020

California’s New “Employer Playbook” Helps Employers Prepare for and Respond to COVID-19 Situations

News/Alerts
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. The majority of the document is...
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July 17, 2020

Navigating the Morass of Guidance Applicable to California Businesses

News/Alerts
Update: On August 31, 2020, the Blueprint for Safer Economy replaced the County Monitoring List for determining what businesses can and cannot open. The Blueprint utilizes a more user friendly four-tiered color system (i.e.,...
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July 17, 2020

Employer Uncertainty Looms From Today’s Requirement for Most Schools to Remain Closed

News/Alerts
Update: On August 3, 2020, the California Department of Public Health explained how an elementary school (i.e., transitional kindergarten to 6th grade) may be considered for a waiver to re-open in-person instruction. The...
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July 13, 2020

New California Shutdowns Affect ALL Counties

News/Alerts
Update: On August 31, 2020, the Blueprint for Safer Economy replaced the County Monitoring List for determining what businesses can and cannot open. The Blueprint utilizes a more user friendly four-tiered color system (i.e.,...
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July 10, 2020

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

News/Alerts
Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...
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July 10, 2020

Key California Employment Law Cases: June 2020

News/Alerts
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020)  Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity. Read our in-depth...
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July 9, 2020

United States Supreme Court Clarifies the Scope of the Ministerial Exception

News/Alerts
In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial...
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