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On Monday, Arizona state senators approved legislation that, if signed into law, will give businesses at least thirty days to cure violations of the Arizonans with Disabilities Act before they can be sued. Time Frame to...
This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration – Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) Summary: Arbitration...
From Fox News to United Airlines to the “Trump Effect,” consumer boycotts are trending. But when do boycotts actually work, and how should business owners react? The rise of instant media consumption certainly...
The new year brought to San Francisco the most comprehensive parental leave law offered anywhere in the country. Under the San Francisco Paid Parental Leave Ordinance (PPLO), when covered employees use California paid family...
A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...
July 30, 2017
U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance
In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration. Interpretation No....
On Monday, June 19, 2017, the U.S. Supreme Court in Matal v. Tam, 582 U.S._ (2017), unanimously struck down the disparagement clause of the Lanham Act, 15 U.S.C.A. § 1052(a), on grounds that it violates the Free Speech...
This month’s key California employment law cases involve wage-and-hour and discrimination issues. Wage & Hour – Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) Summary: While...
May’s key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. Wage-and-Hour – Meal and Rest Periods – Bartoni v. Am. Med. Response W., 11...
This month’s key California employment law cases involve civil procedure (class and representative actions) and wage-and-hour (retaliation) issues. Civil Procedure – Class and Representative Actions– Microsoft Corp....
What is the scope of discovery that a judgment creditor can obtain from a third party in a judgment debtor examination? Extensive, according to the court in Yolanda’s, Inc. v. Kahl & Goveia Commercial Real Estate, 11...
There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and...