Client Alerts

2021

Labor and Employment

• Arbitration Agreement Adjustments On The HorizonDecember 29, 2021California juries seem to regularly award gigantic verdicts to employees. On December 16, 2021, a jury awarded a former employee $155.4 million, including $150 million in punitive damages, in Rudnicki v. Farmers Insurance Exchange. This verdict comes on the heels of the $137 million verdict to a former contract employee in Diaz v. Tesla, Inc. in October 2021. While these ... read more
• Cal/OSHA’s COVID-19 Emergency Temporary Standards Change Yet AgainDecember 22, 2021On December 16, 2021, the California Occupational Safety and Health Standards Board voted to re-adopt the Cal/OSHA Emergency Temporary Standards (“ETS”) on COVID-19 infection prevention, which takes effect on January 14, 2022. The revised ETS includes notable changes, ... read more
• The Federal Vaccine Mandate Is Back, for Now…December 20, 2021The saga continues regarding the federal vaccine mandates. On November 4, 2021, the federal Occupational Health and Safety Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) to require employers with 100 or more employees to have their employees vaccinated or undergo weekly testing by January 10, 2022, among other requirements. The Fifth Circuit Court of Appeals ... read more
• New Temporary Indoor Mask MandateDecember 14, 2021On Monday, December 13, the California Department of Public Health issued guidance temporarily requiring masks to be worn in all indoor public settings, irrespective of vaccine status from December 15, 2021, to January 15, 2022. The Department of Public Health is concerned about the increased number of hospitalizations and cases in California, as well as the spread of the omicron variant. Some ... read more
• Employment Arbitration Agreements in the Spotlight AgainSeptember 27, 2021The Ninth Circuit Court of Appeals recently issued a ruling that has caused concern among private employers who use mandatory arbitration agreements as a condition of employment. Background In October of 2019, Governor Newsom signed AB 51 into law, which prohibited employers from requiring job applicants or current employees to enter into arbitration agreements as a ... read more
• Another Benefit of Arbitration AgreementsSeptember 1, 2021In most circumstances, private employers benefit when they have arbitration agreements with their employees, because arbitration can resolve disputes more quickly with less expense, and the agreements may even ward off frivolous lawsuits. A recent ruling in favor of a Meyers Nave client demonstrated yet another significant benefit. On August 6, 2021, a San Diego Superior Court Judge granted ... read more
• Is Your Organization’s Website ADA Compliant? Top 4 Things You Need to KnowAugust 11, 2021The number of lawsuits alleging websites are not accessible as required by the Americans with Disability Act (“ADA”) has been growing rapidly in California. Businesses and public entities should proactively update their websites to ensure that they are accessible to individuals with disabilities who are visually impaired, blind, or hard of hearing. 1) What Does It Mean for a ... read more
• California PERB Decision on UC Vaccination MandateAugust 3, 2021In further proof that employers’ efforts to mandate vaccines has gained momentum, on July 26, 2021, the California Public Employment Relations Board (“PERB”) issued a decision that held that the University of California’s (“UC”) 2020 flu vaccine mandate was either (1) not amenable to bargaining or (2) outweighed the benefit of bargaining. PERB held that the UC’s mandating of ... read more
• COVID-19 Vaccine MandatesJuly 26, 2021On July 26, 2021, the U.S. Department of Justice released a memorandum that bolsters employers’ efforts to mandate vaccines for its employees to maintain a safe work environment. The memorandum, which does not override state law, makes clear that the COVID-19 vaccines’ FDA emergency use authorization ... read more
• Immediate Update Required for Calculation of Premiums for Missed Meal and Rest BreaksJuly 23, 2021Ferra v. Loews Hollywood Hotel, LLC On July 15, 2021, the California Supreme Court issued a decision in Ferra v. Loews Hollywood Hotel, LLC that further discourages employers from allowing their employees to miss meal, rest, and recovery breaks and potentially opens employers up to significant retroactive liability. Under California law, private employers are ... read more
• Update on California’s COVID-19 Emergency Temporary Standards, and OSHAJune 10, 2021In a surprising move, last night, June 9, 2021, in a special meeting, the California Occupational Safety and Health Standards Board withdrew the revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards that it had just approved on June 3. The Standards Board may consider new ... read more
• Round 2: Cal/OSHA Revises Emergency Temporary Standards for COVID-19 PreventionJune 9, 2021June 10 Update: Please click here for the latest news. While many employers were expecting that the California Division of Occupational Safety and Health (“Cal/OSHA”) would follow the lead of the Center for Disease Control to do away with most masking and ... read more
• 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

Municipal and Special District Law

• AB 361 Allows Local Agency Legislative Bodies to Continue to Meet Virtually After September 30September 20, 2021A series of executive orders, the most recent of which was set to expire on September 30, 2021, waived all physical-presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Last week Governor Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 ... read more

Trial and Litigation

• Meyers Nave Secures Key Victory In California Supreme Court Confirming Application of Automatic Stay Pending Appeal to Mandatory InjunctionsSeptember 2, 2021In a unanimous decision, the California Supreme Court confirmed that the automatic stay pending appeal applies to a superior court judgment that orders mandatory injunctive relief. The trial court judgment ordered the San Bernardino County Board of Supervisors to vacate the Third District seat ... read more
• Ninth Circuit Upholds COVID-19 Closure and Capacity Limits on Summer WaterparkJuly 15, 2021Slidewaters LLC v. Washington State Dept. of Labor and Industries, et al. On July 8, 2021, the Ninth Circuit Court of Appeals upheld the dismissal of a waterpark’s action against the State of Washington for allegedly violating its constitutional rights when the State first closed ... read more
• Gallagher v. Newsom – California’s Third District Court of Appeal Upholds Governor Newsom’s Broad Authority to Issue Executive Orders During the COVID-19 EmergencyMay 7, 2021On May 5, 2021, California’s Third Appellate District struck down a superior court injunction that sought to narrowly limit Governor Newsom’s authority to issue Executive Orders under the Emergency Services Act (“the Act”).  What began as California Assemblymen James Gallagher and Kevin Kiley’s challenge to an Executive Order requiring vote-by-mail ballots to be sent to all California ... read more
• 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

Environmental Law

• Legislature Extends, Expands CEQA Streamlining for Major ProjectsJune 17, 2021The Legislature recent passed, and the Governor signed into law, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 (“2021 Leadership Act”), which would extend the ability for certain qualifying projects to obtain streamlined judicial review for certain projects and would expand the types of projects that qualify. Previously under the former 2011 Leadership Act, ... read more
• 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

Land Use

• Court of Appeal Upholds SB 35 and Orders City of Berkeley to Issue Ministerial Approval of Mixed-Use Affordable Housing ProjectMay 25, 2021The Court of Appeal reversed a trial court judgment and issued an order directing the City of Berkeley to grant ministerial approval pursuant to Senate Bill (SB) 35 for a 260-unit mixed-use project. (Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277.) This is the first appellate case to address the SB 35 streamlined approval process for housing. While much of the ... read more

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

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