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Introducing: the California Civil Rights Department No, this is not a new government agency. Rather, the Department of Fair Employment and Housing (DFEH) was rebranded as the Civil Rights Department, or CRD, to more...
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Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct...
September 8, 2022
NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a...
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at the...
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...
Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act (“PAGA”) actions into individual and...
(Update 2/23/2023: The Ninth Circuit has held that AB 51, California’s attempt to ban mandatory arbitration agreements, preempted by the Federal Arbitration Act, and is therefore unenforceable. Arbitration agreements...
In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022) Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...
May 24, 2022
California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the...
May 24, 2022
Virginia Federal Court Reaffirms Construction Defect Claims Not Covered by CGL Policies
Third-party claims seeking damages for faulty workmanship that results in property damage are covered under general liability policies in most jurisdictions. Virginia is not one of them. A federal district court recently...
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...