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Appeals CA Supreme Court California

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

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Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Proskauer - Minding Your Business

California Lemon Law Just Got a Little Sweeter for Consumers

On March 4, 2024, the California Supreme Court ruled in Niedermeier v. FCA that consumers forced to trade in or sell their defective vehicles due to a manufacturer’s failure to comply with the Song-Beverly Consumer Warranty...more

Jenner & Block

Client Alert: California Consumer Privacy Act Rules: Twists and Turns on the Road to Enforcement

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Businesses subject to the California Consumer Privacy Act (CCPA) could be forgiven for feeling like they have whiplash from the twists and turns in the California privacy rulemaking process. To recap: In June 2023, the...more

Proskauer Rose LLP

Future Not Looking Bright For California Employee Nonsolicits

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On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California. The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more

Foley & Lardner LLP

California Supreme Court Limits Manageability Defense to PAGA Claims

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On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Decision Limits Manageability Dismissals for PAGA Claims

For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more

McDermott Will & Emery

Estrada Is Not a Death Knell to PAGA Defenses

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On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more

ArentFox Schiff

California Employers Face Feb. 14 Deadline and Tighter Non-Compete Prohibitions

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California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more

Sullivan & Worcester

Thyssen-Bornemisza wins Pissarro painting sold under Nazi duress by Lilly Cassirer

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The U.S. Court of Appeals for the 9th Circuit ruled on January 9, 2024 that the Thyssen-Bornemisza Collection Foundation in Madrid is the owner of Rue Saint–Honoré, après-midi, effect de pluie (1892) by Camille Pissarro, a...more

Proskauer - California Employment Law

Courts Are Overwhelmingly Staying Non-Individual Claims When Compelling Individual PAGA Claims to Arbitration

As we wrote previously, last summer’s blockbuster decision in Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) contained a notable silver lining. In ruling that a Private Attorneys General Act (“PAGA”) plaintiff’s...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from...more

Payne & Fears

Key California Employment Law Case Summaries: August 2023

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Summary -   Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more

Jenner & Block

California Supreme Court Breaks from Federal Precedent on PAGA

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The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

Jenner & Block

California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

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On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred...more

Best Best & Krieger LLP

Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that...more

Harris Beach PLLC

California Holds Employers Have No Duty to Protect Employees’ Households from COVID-19

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The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more

Troutman Pepper

Calif. FCRA Ruling Boosts Technical Claim Defense

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A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Proskauer - California Employment Law

Under-the-Radar Concessions in Adolph Could Shorten PAGA’s Parade Of Horribles

On May 10, 2023, the California Supreme Court heard oral argument in Adolph v. Uber Technologies, Inc., a closely watched case that will decide whether a Private Attorneys General Act (PAGA) plaintiff loses standing to pursue...more

McDermott Will & Emery

California Supreme Court Lets It Stand That CDTFA Can Decide Who Is and Is Not a Retailer

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On April 26, 2023, the Supreme Court of California declined to review the Second District Court of Appeal’s decision in Grosz v. California Dep’t of Tax & Fee Admin. In the underlying case, Stanley Grosz, a business owner...more

Buchalter

Caution to Lenders – New Pitfalls to Imposing Default Interest and Late Fees on Defaulted Loans

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On September 29, 2022, the California Court of Appeal First Appellate District, in Honchariw v. FJM Private Mortgage Fund, LLC, held a private lender’s imposition of late charges and default interest constituted an unlawful...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

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Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

ArentFox Schiff

Rounding Employee Time in California Is Called Into Question Under New Appellate Decision

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While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held in Camp v. Home Depot, 84 Cal.App.5th 638 (2022), that employers who utilize...more

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