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News & Insights

March 11, 2014

Ninth Circuit Holds that California Labor Laws Apply to Work Performed Within California by Nonresident Employees

News/Alerts
California Employment Law Update Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages.  The plaintiffs were not residents...
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March 11, 2014

California Business Establishments Cannot be Liable for Discrimination “In the Abstract”

News/Alerts
California Business Law Update On November 18, 2008, the Fourth District Court of Appeal decided Surrey v. TrueBeginnings, et al., a case brought under the Unruh Act and the Gender tax Repeal Act (California Civil Code §§...
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March 11, 2014

Court of Appeal Holds That Home Builders May Pursue Claims for Equitable Indemnity for Purely Economic Losses Under Right to Repair Act

News/Alerts
California Construction & Business Law Update On December 2, 2008, the Fourth District Court of Appeal decided Greystone Homes, Inc. v. Midtec, Inc., et al. In a case of first impression, the court ruled that home builder...
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March 11, 2014

California Court of Appeal Rejects Punitive Damages for Labor Code Violations that Regulate Meal and Rest Breaks, Pay Stubs, and Minimum Wage Laws

News/Alerts
Background Facts Plaintiff Christine Brewer (“Plaintiff”), a waitress at the Cottonwood Golf Course Restaurant (“Cottonwood”), filed suit against Cottonwood, alleging age discrimination and Labor Code violations...
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March 11, 2014

Gender Discrimination Must Be Intentional to Violate The Unruh Civil Rights Act

News/Alerts
California Business Law Update On December 19, 2008, the Fourth District Court of Appeal published its opinion in Cohn v. Corinthian Colleges, Case No. G038388.  The case arose when the Angels Baseball club gave away...
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March 11, 2014

Ledbetter Fair Pay Act Signed Into Law by President Obama

News/Alerts
Employment Law Update On January 29, 2009, President Obama signed into law the Ledbetter Fair Pay Act. The bill expressly overturns the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber...
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March 11, 2014

Significant Changes to the Family and Medical Leave Act Effective January 16, 2009

News/Alerts
Employment Law Update In January 2008, President Bush signed into law the first-ever amendments to the Family and Medical Leave Act (“FMLA”) and on November 17, 2008, the Department of Labor (DOL) published its much...
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March 11, 2014

Court of Appeal Clarifies Distinctions Between An Employee And An Independent Contractor

News/Alerts
California Employment Law Update On January 23, 2009, the California Court of Appeal, Fourth Appellate District, published its decision in Cristler v. Express Messenger Systems, Inc., providing further guidance on the...
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March 11, 2014

California’s New “Foreclosure Prevention Act”

News/Alerts
California Business Litigation Update On February 20, 2009, Governor Schwarzenegger signed into law the “California Foreclosure Prevention Act.” The law, until January 1, 2011, and with respect to loans that were recorded...
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March 11, 2014

The American Recovery and Reinvestment Act Amends Coverage for Provisions of COBRA

News/Alerts
Employment Law Update On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (“the Act”), attempting to provide economic stimulus to the nation’s economy.  Among the...
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March 11, 2014

Supreme Court Upholds Enforceability Of Collective Bargaining Agreements That Mandate Arbitration For Statutory Claims

News/Alerts
Employment Law Update In the decision 14 Penn Plaza v. Pyett, the United States Supreme Court held that a provision in a collective bargaining agreement expressly requiring union member to arbitrate age-discrimination claims...
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March 11, 2014

U.S. Supreme Court Sides With Employer In Pregnancy Leave Discrimination Case

News/Alerts
Employment Law Update On May 18, 2009, the United States Supreme Court issued its opinion in AT&T Corp. v. Hulteen. Reversing the Ninth Circuit’s decision, the Court held that AT&T did not violate the Pregnancy...
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