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SOUTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Sarah Downey News


Business groups, others, ask SCOTUS to force CA courts to abide by earlier SCOTUS decision in PAGA cases

By Sarah Downey |
The petition asserts the California courts have issued 'nonsensical' rulings, finding that under the SCOTUS' Viking River decision, California workers who are blocked from suing their employers by arbitration clauses can still sue their employers under California's PAGA law on behalf of coworkers

With California drafting cyberrisk rules, companies prepare for potential regulatory actions, lawsuits

By Sarah Downey |
As California regulators set new parameters on cybersecurity rules, it’s raising questions about how business should adapt for implementation.

Court bans California state government from banning workplace arbitration

By Sarah Downey |
A federal court has issued a fixed injunction of California’s AB 51 arbitration ban, meaning employers who use such agreements can do so without the threat of sanctions by the state.

California employers hammered by record number of PAGA lawsuit filings in 2023, analysis finds

By Sarah Downey |
It was a record-breaking year for California’s PAGA (Private Attorneys General Act) in 2023, with nearly 8,000 notices filed, even after a 2022 U.S. Supreme Court ruling found PAGA is subject to terms of the Federal Arbitration Act.

A question of limits: CA lawmakers want to ban youth football, but court challenges would inevitably follow

By Sarah Downey |
Under veto threat, state lawmakers appear to have throttled down efforts to ban youth tackle football statewide. But it doesn't mean they can't try again in the future, setting the stage for potential lawsuits over their constitutional ability to interfere with parents' rights to raise their kids, says a prominent sports lawyer

SF can't enforce ordinance against homeless encampments, appeals panel says, even as SCOTUS ruling looms

By Sarah Downey |
A recent federal appellate ruling from the Ninth Circuit means San Francisco won’t be able to clear homeless encampments from city streets, unless the U.S. Supreme Court overturns another case involving homeless encampments.

Families circulate California ballot petitions to hold fentanyl dealers accountable

By Sarah Downey |
Signature gathering is underway for a new ballot measure that would make fentanyl dealers accountable for their crimes while saving people from a drug that has become a leading cause of overdose deaths.

New sick leave law expands mandates imposed in California big cities now statewide; New lawsuit risk for employers

By Sarah Downey |
A new sick leave mandate, which first applied in San Francisco, Los Angeles, San Diego, and other large California cities, has been in effect at workplaces statewide since Jan. 1.

California communities the least affordable places in continental U.S. to buy homes, study says; Lawsuits, regulations among big reasons why

By Sarah Downey |
A new ballot measure wants to cut back on NIMBY lawsuits brought by special interests that work against housing production and potential homeowners.

Proposed Prop 65 labeling rules may help some businesses, but could open door to more Prop 65 lawsuits in coming years

By Sarah Downey |
California regulators are expected to require new updates to Proposition 65 warning labels in 2024, significantly changing how it will read because a chemical name also must be listed.

Cal Supreme Court OKs new ethics rules to fight conflicts of interest

By Sarah Downey |
Newly issued rules from the California Supreme Court are designed to combat corruption and to prevent conflicts of interest like those resulting from the Thomas Girardi scandal.

California employers facing new big lawsuit risk from new law easing path to courts for workers accusing retaliation

By Sarah Downey |
A new law taking effect in 2024 will require courts to presume employers are at fault when they are accused of firing workers for engaging in "protected activity"

Man booted by cops from Hmong festival at CalExpo grounds for Christian evangelism asks appeals court to reexamine if speech rights violated

By Sarah Downey |
A petition for rehearing has been filed in the U.S. Ninth Circuit Court of Appeals over whether free speech may be permitted when a public facility is rented for a private event.

Newsom vetoes bill that would have required seniority-first hiring at businesses across California

By Sarah Downey |
A proposed law that would have changed rehiring rules for laid off workers in dozens more industries statewide was vetoed by Gov. Gavin Newsom at the end of this fall’s legislative session. The law would have forced businesses to try to rehire former workers first, no matter how many times those workers refused

Ruling puts video game developers on blast: Copying dance choreography can get you sued

By Sarah Downey |
With a recent federal appeals court ruling that found Fortnite’s developers can be sued by a dancer who claims they ripped off his original choreography for use in the video game, it’s raising questions about the impact on other creators in the gaming industry.

Odds increase that SCOTUS could take up case over whether clearing encampments violates constitutional rights of homeless

By Sarah Downey |
Gov. Gavin Newsom among numerous government officials filing briefs in homeless encampment case, urging review by U.S. Supreme Court of the Grant's Pass decision from the Ninth Circuit Court of Appeals, which declared city rules against camping in parks, on streets, violates homeless people's rights

With smaller homes, lawmakers hope for big impact on California housing crisis

By Sarah Downey |
With recent data showing even higher hurdles to home ownership in California, a spate of new laws were passed this session to help produce more Accessory Dwelling Units (ADU), which are smaller scale units that share the lot of a single family home.

California employers face greater lawsuit risk under new criminal background check rules

By Sarah Downey |
Recent changes to the Fair Chance Act (FCA) mean there are new rules that California employers must follow when making decisions about new hires and what can be part of the background check, and employers should expect more lawsuits when denying people jobs

Climate disclosure rules raise burden, risks for businesses in California, across U.S.

By Sarah Downey |
The recent passage of climate accountability laws for businesses is raising questions about costs to consumers, the regional economy, and if such reporting means less climate change innovation.

Bonta under fire: Cal Policy Center asks state bar to investigate AG's use of law against parents

By Sarah Downey |
As parents continue efforts to push for inclusion in key decisions on how their children want to gender identify, California Attorney Gen. Rob Bonta is suing to quash it, leading to a state Bar complaint that challenges the AG’s use of the legal system against parents.