Tag: California

Intellectual Property

Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

Written by Alexandra Anfuso In Batis v. Dun & Bradstreet Holdings, Inc., Case No. 23-15260, 2024 WL 3325663 (9th Cir,. July 8, 2024), the Ninth Circuit held that California’s anti-SLAPP provisions could not overcome a class action seeking to preclude the appropriation of individuals’ names and likenesses. Defendant Dun & Bradstreet Holdings, Inc. (“D&B”) operates a searchable business-to-business database called D&B Hoovers, which contains information … Continue reading Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

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Labor & Employment

California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

Written by Jeremy Mittman and Aharon Kaslow On May 24, 2024, the California Court of Appeal held that USC’s arbitration agreement with its employee, Pamela Cook, was unenforceable.  USC requested that the court reconsider its decision, and on June 13, 2024, the Court of Appeal denied the request.  The decision in Cook v. USC, 102 Cal.App.5th 312 (2024), reh’g denied (June 13, 2024), has therefore … Continue reading California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

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Labor & Employment

PAGA: The Next Generation, Now In Wide Release for California Employers! 

Written by Jeremy Mittman and Ricky Tai It’s not very often that California enacts a labor law that is actually favorable to employers— but that very occasion happened this week, setting off early celebratory fireworks for California businesses.  On July 1, 2024, Governor Newsom signed into law significant reforms to the Private Attorneys General Act (“PAGA”), introduced under Assembly Bill 2288 and Senate Bill 92.  … Continue reading PAGA: The Next Generation, Now In Wide Release for California Employers! 

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Labor & Employment

California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

Written by Gary M. McLaughlin, Jeremy Mittman, and Sandra Hanian Earlier this month, the California Supreme Court unanimously held in Naranjo v. Spectrum Security Services, Inc. that an employer’s good-faith belief that it provided complete and accurate wage statements bars statutory penalties for a knowing and intentional failure to comply with wage statement requirements under California Labor Code Section 226. Background Gustavo Naranjo worked as a … Continue reading California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

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Labor & Employment

When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

Written by Jeremy Mittman and Greg Agron Late last month, the California Supreme Court handed down its long-awaited decision in Huerta v. CSI Electrical Contractors, clarifying three questions posed by the United States Court of Appeals for the Ninth Circuit. Facts of the Case Plaintiff George Huerta and others were hired by subcontractor CSI Electrical Contractors (CSI) for work at a solar power facility in … Continue reading When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

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Labor & Employment

Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

Written by Jeremy Mittman and Thea E. Rogers Late last month, Los Angeles County passed a new Fair Chance Ordinance For Employers that aims to provide greater protections to individuals with criminal history seeking employment (or promotion) in unincorporated areas of Los Angeles County.  This Ordinance, which arguably restricts employers’ ability to consider criminal history significantly more than any current federal or state criminal conviction … Continue reading Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

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Labor & Employment

With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

Written by Jeremy Mittman and Thea Rogers Earlier this month, Cal-OSHA released a model workplace violence prevention plan for employers (in non-health care settings) to use as a customizable template when preparing their own workplace-specific plans.  That same day, the state agency also released a “fact sheet” providing California employers (also in non-health care settings) with an overview of how to create a compliant workplace … Continue reading With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

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Intellectual Property

In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

Written by Stacey Chuvaieva and Mark Humphrey In a concise order, District Judge Vince Chhabria of the U.S. District Court for the Northern District of California dismissed several claims set forth in comedian and author Sarah Silverman’s class action copyright infringement lawsuit against Meta Platforms. Inc., captioned as Richard Kadrey, et al. v. Meta Platforms, Inc., No. 23-CV-03417-VC, 2023 WL 8039640 (N.D. Cal. Nov. 20, … Continue reading In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

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Labor & Employment

California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

Written by Gary McLaughlin and Sandra Hanian While California has long prohibited noncompete agreements (subject to narrow exceptions), two California bills recently signed into law expand the scope of the State’s policy against these restrictive covenants.  On September 1, 2023 and October 13, 2023, Governor Gavin Newsom signed Senate Bill 699 and Assembly Bill 1076, respectively, two new laws that strengthen the State’s prohibition on noncompetes … Continue reading California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

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Labor & Employment

California Enacts New Employee Reproductive Loss Leave Law For 2024

Written by Jeremy Mittman and Thea E. Rogers California Governor Newsom recently signed into law a new law allowing for “reproductive loss leave” (SB 848) which will permit eligible employees to take up to five days of unpaid leave following a “reproductive loss event.”  SB 848 becomes effective on January 1, 2024.   Overview of the California’s Newest Leave Law Given that the law was … Continue reading California Enacts New Employee Reproductive Loss Leave Law For 2024

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