Publications

CALIFORNIA'S HISTORIC ADOPTION OF PAID SICK LEAVE - AB 1522

On September 10, 2014, Governor Brown signed AB 1522 otherwise known as the Healthy Workplaces, Healthy Families Act of 2014. Specifically, the Act amends Labor Code § 2810.5 to provide that an employee who, on or after July 1, 2015, works in California for 30-days or more within a year from the commencement of employment is entitled to paid sick days to be accrued at a rate of no less than one hour for every 30 hours worked.

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ADMISSIBILITY OF EXPERT TESTIMONY IN NEVADA

Nevada's rule on the admissibility of expert witness testimony is codified in Nevada Revised Statute 50.275, which states that a qualified expert witness may testify as to matters within that expert's scope of knowledge, so long as such testimony will assist the trier of fact to understand the evidence or determine a fact in issue.

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THE CALIFORNIA SUPREME COURT ADDS ANOTHER HURDLE FOR EMPLOYEES SEEKING CLASS CERTIFICATION

On May 29, 2014, the California Supreme Court issued its highly anticipated decision in Duran v. U.S. Bank Nat'l Assoc., (2014) 59 Cal.4th 1, making clear that before a court can certify a class action, it should require the plaintiff to have a trial plan addressing manageability of the class claims.

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BREAKING NEWS: CALIFORNIA SUPREME COURT RULES IN FAVOR OF EMPLOYERS IN REGARDS TO CLASS ACTION WAIVERS, BUT NOT IN REGARDS TO PAGA CLAIMS

On June 23, 2014, the California Supreme Court issued a long awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC (2014 WL 2808963). Long awaited is an understatement, as the underlying case was filed in 2006.

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PRIVACY RIGHTS AND THE PUBLIC RECORDS ACT

Competing interests of transparency in government and elected officials and government employees' right to privacy has stirred up a debate throughout California. A recent California appellate court ruled that government officials and employees' private communications sent on personal devices and not stored on public servers are not subject to the California Public Records Act (CPRA).

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NO DUTY TO REASONABLY ACCOMMODATE EMPLOYEES FOR MEDICAL MARIJUANA USE

The increased decriminalization of marijuana use raises questions of whether employers are required to reasonably accommodate employees who use it for medical reasons, and whether they can terminate the employee for failing a drug test.

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DESIGN PROFESSIONAL LIABILITY

The California Supreme Court has agreed to review a case greatly affecting construction defect litigation. All working contractors and subcontractors know how difficult it can be to force design professionals to be involved in construction litigation, even when their work is clearly at issue.

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