CEB Contributor
-
Biden’s Fifth Monumental Conservation Effort: The Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument
August 30, 2023
Kristina Sherry
Environmental, Land Use & Natural Resources
On August 8, as part of his Administration’s ongoing climate and conservation efforts, President Biden signed a proclamation establishing a new national monument, the
A New, New Deal for California’s Colorado River Usage Through 2026
August 3, 2023
Kristina Sherry
Environmental, Land Use & Natural Resources
On May 22, 2023, seven states agreed to terms by which three of them—California, Arizona, and Nevada—would temporarily curb their consumption of Colorado River waters through 2026, in exchange for federal compensation for some stakeholders. Below is a bird’s-eye view of how this latest consensus was reached and what the proposed action plan might mean for California going forward.
From Six Feet Under to One Cubic Yard: California Law Makes Space for 'Human Composting' Starting in 2027
July 10, 2023
Kristina Sherry
Environmental, Land Use & Natural Resources
Until recently, terms like “green” or “natural” burials, “eco-friendly funerals,” and “sustainable death care” perhaps evoked images of unembalmed bodies in biodegradable boxes (or no casket) and unmarked graves. Or perhaps they conjured up cremation, a practice that consumes less space than traditional burial and accounts for more than half of
How Did Gas Stoves Become Such a Hot-Button Legal Issue?
July 7, 2023
Kristina Sherry
Environmental, Land Use & Natural Resources
Earlier this year, a federal official made a remark about gas stoves. It set off a Twitter firestorm, some scalding news headlines, and, most recently, some federal legislation of questionable necessity. Below is a temperature check on national, state, and local efforts to address health and climate concerns linked to gas stoves, plus a recap of how this issue got so heated.
A Comprehensive Glossary of California Water Authority
June 28, 2023
Kristina Sherry
Environmental, Land Use & Natural Resources
California water rights involve many bodies—governmental, organizational, and other authoritative bodies, not to mention bodies of law, and, of course, bodies of water.
Marketers Reap Win From Ninth Circuit’s 'Client Employer' and 'Control' Analyses in Strawberry Farmworker Case
June 20, 2023
Kristina Sherry
Employment Law
In 2014, the California Legislature enacted
Temp Worker Not 'Discharged' Under Labor Code Section 201.3(b)(4) for Final-Paycheck Purposes, California Appeals Court Concludes
May 30, 2023
Kristina Sherry
Workers' Compensation
A temp worker accused of being “verbally abusive” while working at a bank was nonetheless retained by the the temporary services employer who hired her, even after she was escorted out of the bank and asked not to return. Did the worker’s termination from the bank gig constitute a “discharge” under
Tiny Font Size and Unreadability Relate to Procedural—Not Substantive—Unconscionability, California Appeals Court Clarifies in Nissan Case
May 9, 2023
Kristina Sherry
Business Litigation, Litigation Practice & Procedure
Two separate elements of contract enforceability—procedural and substantive unconscionability—came under the microscope last month when a California appeals court concluded that tiny font size and unreadability relate to the
Tildes (ñ), Cedillas (ç), and Accents (á & è): AB 77 Seeks (Again) to Allow Diacritical Marks in California's Vital Records
April 21, 2023
Kristina Sherry
State & Local Government
Pop quiz:
In ‘Madres’ Case, Third Appellate District Parses Pregnancy Discrimination Claims Under FEHA
March 28, 2023
Kristina Sherry
Real Property
California's Fair Employment Housing Act (FEHA) (Gov. Code, §§ 12900–12999), as its name suggests, broadly prohibits discrimination in the context of employment (and housing, not addressed in this article).
In Helix Overtime Case, Supreme Court Unwinds FLSA ‘Salary’ Ambiguities
March 7, 2023
Kristina Sherry
Employment Law
In what amounted to rigorous parsing of an admittedly convoluted set of regulations, the Supreme Court
#MeToo-Inspired and Other Employment Agreement Laws: Where Are They Now?
February 14, 2023
Kristina Sherry
Employment Law, Discrimination & Harassment, Employee Handbooks & Policies
Especially in the wake of #MeToo, several laws in recent years have sought to limit employer restrictions on employees’ ability to speak out against unlawful workplace conditions and/or litigate their claims in court. Below is a snapshot of some of these employment-agreement-related laws, both in California and at the federal level.
Electronic Tablet Agreement Presented At Massage Appointment Had Too Many Kinks to Constitute 'Clickwrap,' First District Holds
January 24, 2023
Kristina Sherry
Litigation Practice & Procedure
A client who checked into her massage appointment via an electronic tablet did
In Case of Highly Paid Oil Rig Worker, Supreme Court Drills Down On What Constitutes a 'Salary'
January 3, 2023
Kristina Sherry
Employment Law
An oil rig worker earned more than $200,000 annually. Was he also entitled to receive overtime pay?
It's Almost 2023. What's Happening to Minimum Wage(s)?
December 13, 2022
Kristina Sherry
Employment Law, Wage & Hour
Since 2017, California has phased-in yearly increases to its minimum wage (see
FMLA vs. CFRA: Comparing Federal and State Leave Laws After California’s 2022 Legislative Session
November 22, 2022
Kristina Sherry
Employment Law, Vacations, Leave & Other Time Off
California’s 2022 legislative session introduced
Understanding the Machinations of California’s Latest Gun Control Laws, SB 1327 and AB 1594
November 1, 2022
Kristina Sherry
Criminal Law, Litigation Practice & Procedure
The immeasurable pain and suffering caused by U.S.
Recapping Some Employment Laws From the 2022 Legislative Session
October 11, 2022
Kristina Sherry
Employment Law
Governor Gavin Newsom’s deadline to sign or veto bills has passed (September 30), and the 2022 legislative session has concluded. Below is a roundup of employment-related legislation you might have missed — or that bears repeating.
'A Very Particular Career': California’s Courtroom Artists Convey What Cameras Can’t
September 22, 2022
Kristina Sherry
Criminal Law, Litigation Practice & Procedure
The typical call goes something like this: “There’s a hearing at 1 o’clock. Can you go?”
California's AB 2043 Proposes Professional Licenses for Bounty Hunters. But Would That Stop the Bad Actors?
September 1, 2022
Kristina Sherry
Criminal Law
The body camera footage is confusing, especially for those unfamiliar with the ways of “bounty hunters” (also called “bail fugitive recovery agents” or "fugitive recovery agents," abbreviated "FRAs").
AutoZone Says It ‘Provided’ Suitable Seats For Employees, But Second District Says ‘Not So Fast’
August 9, 2022
Kristina Sherry
Employment Law
Despite a longstanding requirement that California employers must “provide[]” suitable seats for their employees when the work allows for it, no published California authority has clarified what steps an employer must take to “provide” such seats.
California’s Remote Online Notarization Efforts Pause For At Least Another Legislative Session
July 19, 2022
Kristina Sherry
Privacy & Information Security
Legislative efforts to bring California notaries public into the digital age by enacting remote online notarization (“RON”) have hit the ‘pause’ button once again, after the latest RON bill—
Alleged WARN Act Violations By Tesla Remind Employers to Pump the Brakes When Conducting Mass Layoffs
June 28, 2022
Kristina Sherry
Business Litigation
Elon Musk’s actions have
Extra! Extra! California Asks Supreme Court to Deny Cert to Journalists’ and Photographers’ Continued Free Speech Challenges to AB 5
June 7, 2022
Kristina Sherry
Constitutional Law, State & Local Government, Tax Law
Does California’s Assembly Bill 5 (“AB 5”), including its amendments, threaten freelance journalists' and photographers' freedom of speech, or does it merely regulate economic activity?
In Ralphs Cashier Case, Second District Scans California's 'Suitable Seats' Requirements
May 17, 2022
Kristina Sherry
Employment Law, Wage & Hour, PAGA
Of the various and sundry rules imposed upon California employers, an often overlooked one is that “suitable seats” must be provided in certain workplaces.
Browse, Click, or Scroll? Recent Cases Scrutinize 'Gray Zone' of Certain Online 'Wrap' Agreements
April 22, 2022
Kristina Sherry
Business Litigation, Business Transactions, Privacy & Information Security
The devil is in the details in forming online contracts—whether via browsewrap, clickwrap, scrollwrap, or the more avant-garde category of “sign-in wrap.”
The Case of the Convoluted Employee Handbook: In Mendoza v. Trans Valley, Sixth District Finds No Agreement to Arbitrate
April 5, 2022
Kristina Sherry
ADR, Employment Law, Employee Handbooks & Policies
In a recent decision, California's Sixth District Court of Appeal furnished a roadmap to employers on the do's and don'ts of employer arbitration agreements after examining a trucking company's arbitration provisions, which were incorporated into an employee handbook that was coupled with checklists and employee acknowledgement forms.
Two Potential PAGA Tempests on the Horizon: Viking River Cruises and a California Ballot Initiative
March 10, 2022
Kristina Sherry
Employment Law
Since 2004, California’s Private Attorneys General Act (or PAGA; see
Clocking Win for Rental Company, Third District Holds Employee Rounding Claims Aren't Suitable for Class Treatment
February 1, 2022
Kristina Sherry
Employment Law, Wage & Hour, Litigation Practice & Procedure, Class Actions
Late last year, California’s Third District Court of Appeal
In Domino's Pizza Case, Ninth Circuit Once Again Considers Ingredients for Exemption Under the FAA
January 13, 2022
Kristina Sherry
Appellate Law
Section 1 of the Federal Arbitration Act (FAA) exempts from its reach “contracts of employment of seamen, railroad employees, or
California Joint Employer Status Fueled by 'Control Over the Intermediary' in Shell Oil Case
December 21, 2021
Kristina Sherry
Employment Law
As
Some (More) New California Employment Laws You Might Have Missed
December 1, 2021
Kristina Sherry
Employment Law, Wage & Hour, Workplace Health & Safety
CEB recently featured a
Here’s How California Bars and Restaurants Fared During the 2021-22 Legislative Session
November 9, 2021
Kristina Sherry
Business Transactions, Wine & Alcoholic Beverage Law
CEB earlier reported on California’s
Haunted Houses and Materiality: A Closer Inspection of California’s Death Disclosure Statute
October 19, 2021
Kristina Sherry
Real Property
Philip Weverka bought his house from a dead man. At least, he thinks the man was dead.
Payday for Employers? Courts Interpret Labor Code Section 226 Liberally in Recent Pay Stub Cases
September 28, 2021
Kristina Sherry
Employment Law, Wage & Hour, Inaccurate Wage Statements
California wage statements (or “pay stubs” or “pay statements,” as they are sometimes called) are a gargantuan source of liability for employers, who must comply with the sweeping requirements of
Short-Term Rental Prohibition Did Not Apply to Condo Owner Who Purchased Property Pre-Prohibition, Fourth Appellate District Rules
September 7, 2021
Kristina Sherry
Real Property
Last month, the Fourth District appellate court
Horizontal and Vertical Joint Employment and the New(er) FLSA Joint Employer Rule
August 17, 2021
Kristina Sherry
Employment Law
Last month, President Biden’s Department of Labor (DOL)
'911 For the Brain': Congress and FCC Designate '988' As New National Suicide Prevention Hotline Number, Starting in July 2022
July 28, 2021
Kristina Sherry
N/A
In 1968, the first “9-1-1” emergency call was placed in the United States, and
‘Limited’ UCL Relief is Appeals Court’s Focus in Optometrist’s ‘Lost Market Share’ Case
July 6, 2021
Kristina Sherry
Appellate Law, Business Litigation
As its name suggests, California’s Unfair Competition Law (UCL) is a sweeping prohibition against “unlawful, unfair, or fraudulent” business practices, deceptive advertising, and other acts set forth in the Business and Professions Code. (
Judge Declines to Toss Uber Eats Misclassification Claims Despite Prop. 22 “Abatement” Arguments by Uber
June 25, 2021
Kristina Sherry
N/A
The full legal impact of Proposition 22—approved by California voters on November 3, 2020 to exempt certain “app-based drivers and services” (like Uber) from California’s rigorous worker classification law—remains to be seen, as a federal judge this week declined to toss a putative class action by allegedly misclassified Uber Eats drivers despite Uber’s assertion that Prop. 22 now precludes their claims.
Last Call for To-Go Cocktails? California Extends Alcohol Regulations Amid Return to Normalcy
June 15, 2021
Kristina Sherry
State & Local Government, Wine & Alcoholic Beverage Law
It’s not yet closing time for the “temporary," emergency regulatory relief poured into California bars and restaurants during the COVID-19 pandemic. Thanks to recent efforts by the Newsom administration and the Legislature, the looser alcohol sales and consumption regulations that Californians have enjoyed for the past 15 months may hang around a bit longer, despite the state’s “
In Pre-COVID “Right to Rehire” Case, Second District Upholds Hotel Employee’s Ineligibility Under Santa Monica “Recall Ordinance”
May 25, 2021
Kristina Sherry
Employment Law, State & Local Government
California’s Second District Court of Appeal recently upheld a district court ruling in a “right to rehire” case involving a city’s “recall ordinance,” concluding that the ordinance’s purpose was to protect employees involuntarily laid off due to economic circumstances. Although the underlying facts of the case preceded COVID-19, the decision comes at a time when businesses are grappling with hiring decisions generally amid reopenings.
Unmoved by COVID-19, California Remains a Holdout on Remote Online Notarizations
May 4, 2021
Kristina Sherry
Privacy & Information Security
One thing unchanged by the COVID-19 pandemic is California’s hesitancy to join the now nearly two-thirds of U.S. states authorizing some form of remote online notarization, or “RON," whereby notaries and document-signers can communicate
Desperate Times Call for Desperate Letters: Booming Housing Market Revives Fair Housing Concerns Over Homebuyer 'Love Letters'
April 13, 2021
Kristina Sherry
Elimination of Bias, Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales
Blayne Pacelli, a realtor in Southern California, recalls an older client of his who was reluctant to sell her home in Sherman Oaks.
“Mandatory Reporters” of Child Abuse and Neglect Now Include Certain HR Professionals and Supervisors Under Recent CANRA Expansion
March 23, 2021
Kristina Sherry
Family Law
Amid responses to COVID-19 and other major
California Real Estate Brokers Prepare to Adopt DOJ/NAR Settlement Terms in an Already Evolving Industry
March 4, 2021
Kristina Sherry
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales
According to a 2019 survey commissioned by Redfin, nearly two-thirds of homebuyers don’t fully understand how their agent gets paid. But recent trends in the industry, including responses to a lawsuit brought by the U.S. Department of Justice (DOJ), may pave the way for greater transparency with respect to broker compensation.
No documents found.
No programs found.
No secondary sources available.
Scroll to TopCopy the link below:
