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News
May 23, 2023
Last Wednesday, May 17, 2023, the US Department of Labor (“DOL”) Wage and Hour Division issued Field Assistance Bulletin No. 2023-2 (the “Bulletin”) to provide guidance on the enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). The PUMP Act was passed on December 29, 2022, by the US Congress. The new law seeks to expand rights for lactating and breastfeeding employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breast milk.
Resources
May 18, 2023
The misclassification of employees as exempt is a growing problem in many industries. This practice occurs when employers classify employees as exempt from overtime pay and other labor protections, despite the fact that they do not meet the criteria for exempt status under the law. This can lead to serious legal ramifications for employers who engage in this practice, including costly fines, lawsuits, and damage to their reputation.
News
May 16, 2023
Former St. John’s University men’s basketball coach, Mike Anderson, is suing the university for $45.6 million, alleging that the university fired him on false grounds. Specifically, he is suing for $11.4 million for the amount remaining on his deal before his termination and $34.2 million in punitive damages.
Resources
May 11, 2023
A critical component of commercial lease agreements is operating expenses, which are costs incurred by landlords to operate, manage, and maintain the property. Understanding how operating expenses are calculated and allocated is essential for both parties to ensure a fair and transparent leasing arrangement.
Videos
May 10, 2023
In this video, we'll discuss all the essential information you need to know about sick leave in California. We'll cover both state and federal laws, and provide guidance on how to ensure your business stays compliant. As an employer, it's crucial to understand your obligations when it comes to providing your employees with paid sick leave. Keeping up-to-date with these laws is vital to avoid any legal issues that may arise.
News
May 9, 2023
On Monday, May 5, in Borodaenko v. Twitter, Inc. (“Borodaenko”), a California federal judge mostly dismissed a putative class action alleging Twitter, Inc. of discriminating against employees with disabilities by requiring them to report to the office, put in long hours, and work at high intensity after the mass layoffs in November 2022. One plaintiff’s claims were dismissed, while the other plaintiff’s claims were sent to arbitration.
News
May 4, 2023
The Biden Administration has announced that it will be ending most federally mandated COVID-19 vaccination mandates on Thursday, May 11, 2023. Included in the Administration’s vaccine-mandate rollback is the Administration’s much-maligned mandate for federal contractors, which has been subject to challenges in federal court.
Videos
May 3, 2023
Looking to buy or sell commercial real estate in California? It can be a complex process, but understanding the important aspects of a commercial real estate transaction can help make it smoother and more successful. From the letter of intent to the contingencies in the final agreement, all parties involved should consider key factors such as due diligence, negotiating the purchase and sale agreement, and transferring ancillary items. Keep these tips in mind to ensure a smooth transaction.
News
May 2, 2023
This year, in Basith v. Lithia Motors, Inc. (“Basith”) and Fuentes v. Empire Nissan, Inc. (“Fuentes”), the Second Appellate District of the California Court of Appeal (the “Court”) set forth the difference between procedural and substantive unconscionability as the basis for invalidating arbitration agreements. Procedural unconscionability focuses on the fairness of the process leading to the formation of the agreements, while substantive unconscionability focuses on whether the terms of the agreements are so one-sided that it unfairly benefits one of the parties to the agreement. The cases affirm the long-standing rule in California that both procedural and substantive unconscionability must
News
April 25, 2023
Last Tuesday, the US Supreme Court heard an oral argument in Groff v. DeJoy, a case in which the Court is considering whether to overturn decades of precedent established in the 1977 case of TWA v. Hardison (“Hardison”). Hardison established that an employer is not obligated to accommodate an employee’s religion if the accommodation would create more than a “de minimis” burden on the employer’s operations, or an “undue hardship.”
