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Cal/OSHA Revises COVID-19 Regulations Again

Cal/OSHA Revises COVID-19 Regulations Again The California Department of Public Health (“CDPH”) and California Division of Occupational Safety and Health (“Cal OSHA”) made some important revisions to California’s definition of  “close contact” and to the expected 2-year extension of California’s COVID-19 regulations. The new Cal/OSHA regulations revise COVID-19 Regulations impacting Close Contact, Square Footage, and the 6 Foot/15 Minute Rule. …

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What California Employers Need to Do with the new California Privacy Rights Act

What California Employers Need to Do with the new California Privacy Rights Act The California Privacy Rights Act (“CPRA”) will be enforced starting on January 1, 2023, and will expand privacy rights under the California Consumer Privacy Act (“CCPA”). The California Consumer Privacy Act [Prop 24 passed with California voters in November 2020] provides California employers some exemptions with respect …

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California Supreme Court to Address Split on Alleged PAGA Manageability

On June 22, 2022, the California Supreme Court granted review in Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal.App.5th 685, to resolve a split of authority in separate Court of Appeal regarding whether trial courts can strike allegedly unmanageable Private Attorneys General Act (“PAGA”) claims. The Court will hopefully hear arguments in 2023, but with new COVID, Monkeypox or other …

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California Governor signs Pay Transparency for Pay Equity Act

California Governor signs Pay Transparency for Pay Equity Act Following up with a Law.360 report, Governor Gavin Newsome signed a new California law requiring employers to disclose salary ranges on job listings and could encourage many employers to voluntarily opt for transparency, attorneys say.  The law seems to be aimed at employee leasing companies that provide thousands of employees in …

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California Governor bestows Labor Day Gift to Fast Food Workers

Happy belated Labor Day, we were all off of work on September 5, 2022. Governor Newsom signed California Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act [or “FAST Recovery Act”, on Monday, September 5, 2022. The new law establishes yet another committee, the Fast Food Sector Council [I hate most fast food but I’d love a seat at the burger table] to regulate California’s fast food restaurants

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California Supreme Court Adopts “Contributing Factor” Standard for Whistleblower Claims

California Supreme Court Adopts “Contributing Factor” Standard for Whistleblower Claims The California Supreme Court held in Lawson v. PPG Architectural Finishes, Inc., (2022) 12 Cal.5th 703, the Court eliminated the McDonnell Douglas burden-shifting test.  This test was previously applied to whistleblower and retaliation claims under California Labor Code section 1102.5. California Labor Code section 1102.5 provides whistleblower protections to employees …

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The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation

The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation Introduction to PAGA The Labor Code Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.  PAGA afforded employees in California the right to file …

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United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration

United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration In a unanimous decision issued on May 23, 2022, the Supreme Court in Morgan v. Sundance (596 US _ (2022)) held that courts may not make up new procedural rules based on the Federal …

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Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement

Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement Motions to strike PAGA claims have been many defense law firms’ favorite “flavor of the year” lately. From holding up a settlement or causing delays in a PAGA trial or worse, forcing your expert witness to testify multiple times to run up …

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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is expected to become law in 2022

On February 10, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and sent the Act to President Biden for signature. President Biden is expected to sign the bill this week, which will become law immediately upon signature by the President. This Act makes pre-dispute arbitration agreements relating to sexual assault or sexual harassment void. Similarly, any class …

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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.