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Do trial courts have inherent authority to strike or narrow Private Attorneys General Act (PAGA) claims they deem unmanageable?
As we reported in our blog discussing an LASC judge striking down a law that required California companies to have racially diverse boards (AB 979): Judge Rules That Race and LGBT Quotas for Corporate Board Members Violate the California Constitution, another LASC judge was presiding over a trial in which the plaintiff was challenging a different law that required California companies to have a certain number of women on their boards.
Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, perhaps should be modified to avoid “unwarranted and incorrect resolution of the unbriefed issues of contract construction and state law statutory standing[,]” the respondent, Angie Moriana, has petitioned the Court to reconsider the decision.
As more children spend their time online exploring and learning, government bodies in the United States and internationally have enacted policies to ensure safer spaces, privacy, security, and protection for children online.
On July 8, 2022, the California Privacy Protection Agency (CPPA) issued proposed amendments to the California Consumer Privacy Act (CCPA) regulations to harmonize them with the California Privacy Rights Act of 2020 (CPRA), which will go into effect on Jan. 1, 2023.
The California Privacy Protection Agency announced today that it began the formal rulemaking process to adopt the proposed regulations implementing the Consumer Privacy Rights Act of 2020 (“CPRA”).
On July 8, 2022, the California Privacy Protection Agency (CPPA) issued updated draft regulations implementing the California Privacy Rights Act (CPRA) as well as a notice of proposed rulemaking, which announced public hearings on August 24 and 25, 2022.
On May 17, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released a draft regulation for workplace violence prevention that applies to all California employers, with only limited exceptions. Cal/OSHA is seeking input from interested parties by July 18, 2022.
On May 13, 2022, in Reserve Mechanical Corporation v. Commissioner, the U.S. Court of Appeals for the Tenth Circuit affirmed a Tax Court decision that a micro-captive insurance company did not qualify for the exemption from income tax as a small insurance company under I.R.C. § 501(c)(15). Therefore, the purported premium payments the company received constituted fixed, determinable, annual, or periodical (FDAP) income taxable at a rate of 30% under I.R.C. § 881(a). The IRS scrutinizes micro-captive transactions because of their potential for tax evasion.
Nearly eight years after the California Supreme Court held that employee arbitration agreements do not apply to claims under California’s Private Attorneys General Act (PAGA), the U.S. Supreme Court provided a bit of good news to California employers last week. Following the Court’s decision in Viking River Cruises, Inc. v. Moriana, employers with arbitration agreements can require employees to arbitrate their individual PAGA claims, and—at least for now—seek dismissal of PAGA claims brought on behalf of other employees.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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