Newsletters

08.31.22

CA Fails to Extend Privacy Exemptions for B2B and Employment Data from the CCPA into 2023

Beginning on January 1, 2023, the California Consumer Privacy Act will apply to personal information collected by companies subject to the CCPA about their employees, job applications, and individuals at actual or prospective business customers, vendors, and suppliers.


08.16.22

‘Processor’ and ‘Storage’ Interpreted Broadly and Not Means-Plus-Function Element

In VDPP LLC v. Vizio, Inc., the Federal Circuit held that the claim terms “processor” and “storage” were not considered to be drafted in means-plus-function format and, therefore, were not subject to interpretation under 35 U.S.C. § 112(f).


08.15.22

EEOC Updates COVID-19 Guidance

The Equal Employment Opportunity Commission released updated guidance for employers on several COVID-19-related issues, including when employees can be required to undergo testing for COVID-19, delays to the interactive process and mandatory vaccination programs.


08.15.22

Despite Prior Lawsuit Settlement, Employee Can Bring PAGA Action

An employee who settled her individual claims against her employer for alleged Labor Code violations was not precluded from subsequently bringing a Private Attorneys General Act enforcement action with the same allegations, according to a California appellate panel.


08.15.22

Individual Officer Can Be Liable for Unpaid Wages

Can a corporate officer be liable for an employer’s unpaid wages to an employee? Yes, a California appellate panel recently determined.


08.15.22

Janitorial Workers Were Employees, Not Independent Contractors

​Janitorial workers were misclassified as independent contractors when they were in fact employees, a California federal court judge has ruled in a long-running dispute.


07.29.22

Reach of Dobbs Ruling Makes Abortion Care an Employer Issue

In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, taking away constitutional protection for access to abortion and sending it back to the states, abortion is now an issue that employers must consider for their workers.


07.29.22

California’s ABC Test for Independent Contractors Stands

The long-running battle over who is an employee versus a contractor in California has been put on hold after the Supreme Court denied cert in California Trucking Association v. Bonta.


07.29.22

SCOTUS Green Lights Certain Airline Employee Suits Against Employers—Ruling Against FAA Preemption

Following its recent ruling regarding California’s ban on Private Attorneys General Act representative waivers in employment arbitration agreements, on June 6, 2022, the Supreme Court issued Southwest Airlines Co. v. Saxon.


07.29.22

Ninth Circuit Revives PAGA Claims, Finding That Federal Certification Rules Do Not Apply

The Ninth U.S. Circuit Court of Appeals revived an employee’s Private Attorneys General Act (PAGA) claims relying on the Supreme Court’s decision in Viking River Cruises, Inc. v. Mariana.