Client Alerts

2021

First Amendment

• SCOTUS Vacates Second Circuit Decision Finding President Trump’s Prior Twitter Ban Violated the First AmendmentApril 8, 2021On April 5, 2021 the Supreme Court granted the government’s writ of certiorari and vacated the Second Circuit’s decision in Knight First Amendment Institute v. Trump, 928 F.3d 226 (2nd Cir. 2019) where it found that then-President Trump violated the First Amendment when he blocked users from his Twitter account. The Supreme Court’s unanimous decision issued instructions to the ... read more
• U.S. Supreme Court Overturns California’s Ban on Indoor Religious Services but Leaves Open Singing/Chanting BanFebruary 9, 2021In late Friday evening orders, the Supreme Court on February 5, 2021 issued rulings on applications for injunctive relief in both South Bay United Pentecostal Church, et al. v. Newsom, et al. and Harvest Rock Church, et al. v. Newsom, et al. In a partial victory for the church plaintiffs, the rulings allow for indoor religious services at up to 25% capacity, but SCOTUS did not ... read more
• Shelter In Place Litigation Update: Ninth Circuit Affirms California’s Temporary Restrictions on Indoor Worship Services While Invalidating 100/200 Person Numerical CapsJanuary 29, 2021On January 22, 2021, the Ninth Circuit recently issued its opinion in South Bay United Pentecostal v. Newsom, affirming an order by Southern District Judge Cynthia Bashant denying the church’s motion for preliminary ... read more

Transportation and Infrastructure

• President Biden Unveils $2.2 Trillion Infrastructure PlanApril 2, 2021On March 31, President Biden announced a $2.2 trillion “American Jobs Plan” to shore up the nation’s infrastructure and create jobs. “It is not a plan that tinkers around the edges,” the President said in a speech unveiling the plan. “It is a once-in-a-generation ... read more

Labor and Employment

• Top 10 Questions about California’s New COVID-19 Supplemental Paid Sick Leave Law with Retroactive Paid Time OffMarch 24, 2021California Governor Gavin Newsom signed Senate Bill (SB) 95 on March 19, 2021, which creates new Labor Code section 248.2 and mandates that public and private employers with 26 or more employees provide supplemental paid sick leave (SPSL) for COVID-related absences in addition to paid time ... read more
• Avoid Costly Timekeeping Errors: California Supreme Court Says Employers May Not Round Meal PeriodsMarch 2, 2021On February 25, 2021, the California Supreme Court issued two important wage and hour rulings regarding meal periods: (1) under California law, employers cannot round time punches to the nearest preset time increment; and (2) time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. In Donohue v. AMN Services, LLC, Plaintiff Kennedy Donohue ... read more
• Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To KnowJanuary 15, 2021Now that COVID-19 vaccines are gradually rolling out, employers are asking if they can – and should – require employees to get vaccinated and are considering what they can do if employees refuse. Q: Can employers require employees to obtain COVID-19 vaccinations? A: Likely yes, but employers must be prepared to accommodate employees with disabilities and ... read more
• 2021 Employment Law Update: A Six-Minute Snapshot of What’s New for EmployersJanuary 6, 2021 In a televised interview with KUSI Good Morning San Diego, Meyers Nave Employment Law Principal Arlene Yang provided a six-minute overview of important employment law changes that impact employers in 2021. Arlene discussed COVID-19 related paid leave laws, questions about mandating COVID-19 vaccines, and the California Family ... read more

Trial and Litigation

• One Year In: Recent Shelter In Place Litigation RoundupMarch 15, 2021Faced with a once in a century pandemic, everyday life has changed in ways that none could have predicted a year ago. This extends to a quickly evolving jurisprudence regarding the interplay between constitutional rights and the government’s ability to restrict activity during a pandemic as the courts, including SCOTUS, have issued a plethora of expedited rulings on these issues. All ... read more

Housing

• California’s Density Bonus Law: 2021 UpdateFebruary 17, 2021Legislative Change Increases Density Bonus Amount and Parking Benefits California’s Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. New legislation that took effect on January 1 of this year provides for up to a 50% density bonus to be granted to housing projects consisting of a mix ... read more
• Eviction Moratorium and Rental Assistance Update: SB 91 Enacts Changes for Landlords and TenantsFebruary 11, 2021The California Legislature passed Senate Bill 91 just days before the State’s existing COVID-19 Tenant Relief Act was set to expire.  In addition to extending the existing eviction moratorium and approving new rental assistance, SB 91 enacts many new and important changes to unlawful detainer law that impact landlords and tenants.  Since the COVID-19 pandemic began, this is the first time the ... read more

Environmental Law

• Appellate Court Finds Certain State-Mandated Stormwater Permit Requirements Imposed on Local Governments Are Subject to Cost ReimbursementJanuary 28, 2021In Department of Finance v. Commission of State Mandates (“Department of Finance II”), the Second Appellate District of the California Court of Appeal recently held that local governments are entitled to subvention (i.e., reimbursement of ... read more