Newsletters

09.24.19

California Supreme Court: Unpaid Wages Are Not Recoverable Under PAGA

In a welcome surprise for employers, on September 12, 2019, the California Supreme Court resolved the significant issue of whether unpaid wages constitute a civil penalty recoverable in Private Attorneys General Act (PAGA) claims premised on violations of Labor Code Section 558.


09.24.19

Three Big Moves From the NLRB

The top three stories in National Labor Relations Board (NLRB) news in recent weeks include (1) a decision holding that the misclassification of workers does not constitute an independent violation of the National Labor Relations Act (NLRA), (2) a ruling on mandatory arbitration agreements in the ...


09.24.19

Ninth Circuit Adopts But-For Causation Standard in ADA Discrimination Claims

Rejecting the motivating factor causation standard, the U.S. Court of Appeals for the Ninth Circuit declared that the “but-for” standard of causation applies to Americans with Disabilities Act (ADA) discrimination claims.


09.24.19

Court Sides With Nurse in Discrimination Suit

Claims of racial bias brought by a black nurse who was reassigned by her employer after a white patient complained can move forward, a federal court in Michigan ruled, writing that any intentional use of race—even for benign motives—must be subjected to careful judicial scrutiny.


09.24.19

Online Accountability Program Update: Enhanced Focus on Enhanced Notice

Continuing its efforts to have app and website operators provide users with enhanced notice about third-party data collection, the Digital Advertising Alliance (DAA) Online Accountability Program recently issued a pair of new decisions.


09.24.19

CEOs Call for National Privacy Law

A coalition of chief executive officers (CEOs) representing 51 businesses urged congressional leaders to enact a federal privacy law that would preempt state laws and provide a uniform national framework.


09.24.19

Mercedes Drives Suits Against Artists Forward

Four street artists can’t avoid a ride with Mercedes-Benz (“Mercedes”) in the auto manufacturer’s actions seeking a declaration that Mercedes’ posting of photographs on social media that depict the artists’ murals painted on public buildings did not violate their ...


09.19.19

Final 2019 Amendments to the CCPA Head to Governor’s Desk

September 13, 2019 marked the last day of California’s 2019 legislative session and, importantly, the last call for any 2019 amendments to the landmark California Consumer Privacy Act (CCPA).


09.18.19

CMS Promotes Community Paramedicine in Medicare and Medicaid

Earlier this year, the Department of Health and Human Services (HHS) announced a new Center for Medicare & Medicaid Innovation (CMMI) payment model for community paramedicine.


09.17.19

TINA Not Playing Around With YouTube Kidfluencer

A popular YouTube channel for kids is the subject of a new complaint filed by Truth in Advertising (TINA) with the Federal Trade Commission (FTC).