September 2014 -

The Letter of the Law: September 2014


IN THIS ISSUE: EMPLOYMENT LAW: California's Historic Adoption of Paid Sick Leave - AB 1522 - EMPLOYMENT LAW: The California Supreme Court Adds Another Hurdle For - Employees Seeking Class Certification - NEVADA LAW: Admissibility of Expert Testimony in Nevada
September 2014 -

California’s Historic Adoption of Paid Sick Leave – AB 1522


On September 10, 2014, Governor Brown signed AB 1522 otherwise known as the Healthy Workplaces, Healthy Families Act of 2014. Specifically, the Act amends Labor Code § 2810.5 to provide that an employee who, on or after July 1, 2015, works in California for 30-days or more within a year from the commencement of employment is entitled to paid sick days to be accrued at a rate of no less than one hour for every 30 hours worked.
September 2014 -

Admissibility of Expert Testimony in Nevada


Nevada’s rule on the admissibility of expert witness testimony is codified in Nevada Revised Statute 50.275, which states that a qualified expert witness may testify as to matters within that expert’s scope of knowledge, so long as such testimony will assist the trier of fact to understand the evidence or determine a fact in issue.
September 2014 -

The California Supreme Court Adds Another Hurdle For Employees Seeking Class Certification


On May 29, 2014, the California Supreme Court issued its highly anticipated decision in Duran v. U.S. Bank Nat’l Assoc., (2014) 59 Cal.4th 1, making clear that before a court can certify a class action, it should require the plaintiff to have a trial plan addressing manageability of the class claims.
August 2014 -

The Letter of The Law: August 2014


IN THIS ISSUE: EMPLOYMENT LAW: Breaking News: California Supreme Court Rules in Favor of Employers in Regards to Class Action Waivers, But Not in Regards to PAGA Claims - EMPLOYMENT LAW: Privacy Rights and the Public Records Act - EMPLOYMENT LAW: No Duty to Reasonably Accommodate Employees for Medical Marijuana Use - CONSTRUCTION LAW: Design Professional Liability - NEVADA LAW: Defending Against Requests for Taking Depositions of Apex Witnesses
July 2014 -

Breaking News: California Supreme Court Rules In Favor Of Employers in Regards to Class Action Waivers, But Not In Regards to PAGA Claims


On June 23, 2014, the California Supreme Court issued a long awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC (2014 WL 2808963). Long awaited is an understatement, as the underlying case was filed in 2006.
July 2014 -

Privacy Rights and the Public Records Act


Competing interests of transparency in government and elected officials and government employees’ right to privacy has stirred up a debate throughout California. A recent California appellate court ruled that government officials and employees’ private communications sent on personal devices and not stored on public servers are not subject to the California Public Records Act (CPRA).
July 2014 -

No Duty to Reasonably Accommodate Employees for Medical Marijuana Use


The increased decriminalization of marijuana use raises questions of whether employers are required to reasonably accommodate employees who use it for medical reasons, and whether they can terminate the employee for failing a drug test.
July 2014 -

Design Professional Liability


The California Supreme Court has agreed to review a case greatly affecting construction defect litigation. All working contractors and subcontractors know how difficult it can be to force design professionals to be involved in construction litigation, even when their work is clearly at issue.
July 2014 -

Defending Against Requests for Taking Depositions of Apex Witnesses


An "Apex Witness" is the person that sits at the highest level of a large organization, such as the Chairman of the Board, President of the Company, or Chief Executive Order. Most courts throughout the country recognize that deposition notices directed at an official at the apex of a company creates tremendous potential for abuse or harassment.
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