The U.S. Department of Labor (DOL) has issued a final rule that will expand the number of exempt employees entitled to claim overtime pay. The rule's provisions will go into effect on December 1, 2016.
Governor Jerry Brown recently signed AB 908, expanding California's disability insurance and family leave programs by increasing the wage replacement rate for employees on disability or family leave.
History. Shortly after the Compassionate Use Act (CUA) became law in 1996 by California voter initiative, the Medical Marijuana Program Act (MMPA) (Health & S C §§11362.7–11362.83) was enacted by the legislature to clarify the CUA's scope and regulate the cultivation and distribution of medical marijuana.
The U.S. Supreme Court in Campbell-Ewald Co. v Gomez (Jan. 20, 2016, No. 14-857) 2016 US Lexis 846, 2016 WL 228345, held that an unaccepted offer to settle the named plaintiff's individual claim in a putative class action does not render the case moot.
Effective January 1, 2016, new Rules of Court detail the procedures for filing writ petitions in small claims court cases. See Cal Rules of Ct 8.970 – 8.977. These new court rules elaborate on CCP §116.798, which was enacted in 2012 to clarify which courts have jurisdiction of writ petitions arising out of small claims court cases.
Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Touching a variety of issues, the amendments most significantly impact the scope of permissible discovery and the duty to preserve electronically stored information and the available sanctions for the failure to do so. The following is a breakdown of some of the noteworthy changes:
Governor Jerry Brown has signed SB 358, the California Fair Pay Act, which becomes effective January 1, 2016. The Act aims to close the gender wage gap, which in California currently stands at 16 cents on the dollar, although the gap is even wider for women of color—Latina women, for example, earn just 44 cents for every dollar that a white male earns.
Under IRC §1014(a), the income tax basis of property acquired from a decedent is generally its fair market value on the date of death, or alternate valuation date if the executor makes an election under IRC §2032. Under Treas Reg §1.1014–3(a), the estate tax value of the property is prima facie evidence of the fair market value of the property. Although the regulation does not preclude rebutting the resulting presumption,
In Marriage of Davis (July 20, 2015, S215050) 2015 Cal Lexis 5115, 2015 WL 4394006, the California Supreme Court tackled the question of whether, in a dissolution proceeding, a couple may be characterized as "living separate and apart" for purposes of determining their date of separation under Fam C §771(a) even when they are living together in the same home.
In a unanimous decision that included two concurrences, the California Supreme Court upheld San Jose's inclusionary housing ordinance against a facial challenge that alleged an unconstitutional taking of the developer's property interests. See California Bldg. Indus. Ass'n v City of San Jose (June 15, 2015, S212072) 2015 Cal App Lexis 3905. The ordinance requires developers to price at levels affordable to low and moderate income households at least 15 percent of all for-sale units in all-new residential developments creating 20 or more new units.