Moorer v. Noble LA Events Inc. (CA2/7 B282631, filed 2/11/19, pub. ord. 2/27/19) PAGA/Default Judgment. 25% of PAGA recovery goes to the affected employees, not solely to the aggrieved employee pursuing the PAGA action. Su v. Stephen S. Wise Temple (CA2/3 B275426 3/8/19) Wage and Hour/Ministerial Exception. Reversing summary judgment that had been granted in case brought by the Labor Commissioner against a synagogue for Labor Code violation based on the “ministerial exception.” The court of appeal held that the… Read more
Along with the warming weather and stunning wildflowers, spring also brings us one of our flagship Section events—our Annual Public Sector Conference, which will take place on Friday, April 12 at the Sheraton Grand Sacramento. Read more
CYLA is seeking self-study articles from California law practitioners to add to its catalog of low-cost online MCLE materials. To be eligible for consideration, submissions should cover a subject of particular importance to new attorneys and must be 1,250 to 2,500 words long and be accompanied by a 20-question multiple choice or true/false assessment. Read more
On March 20, 2019, CYLA members attended the inaugural CLA Legislative Day in Sacramento. Speakers included Assembly members Mark Stone and Ash Kalra, Senators Hannah-Beth Jackson and Andreas Borgeas, Cory Jasperson of the Judicial Council of California, and Che Salinas of Governor Gavin Newsom’s Office. Read more
Have you heard? A comprehensive set of new Rules of Professional Conduct were approved by the California Supreme Court last year. The new Rules represent the first comprehensive rewrite of the Rules of Professional Conduct in almost 30 years. Read more
In a partial victory for certain student-loan debtors planning to use the Department of Education’s (the “Department”) federal student-loan forgiveness program, the United States District Court for the District of Columbia issued a ruling in February regarding the Department’s decision to reverse its determination on whether certain organizations were “qualified public service organizations” for purposes of the 2007 Public Service Loan Forgiveness (“PSLF”) law. Read more
CYLA is proud to present a new self-study article on lawful immigration and paths to citizenship for undocumented immigrants. Even if you do not need the MCLE, this article is a great primer on immigration laws and current updates. Read more
How has the law been developing on the “violent act” exception to California Labor Code 4660.1(c)(1)?
Labor Code 4660.1(c)(1) is the section of the 2012 comp reforms which for post 1/1/2013 dates of injury prohibits increased PD ratings for sleep dysfunction, sexual dysfunction or psychiatric disorder arising out of compensable physical injury. The section does not apply to “direct injuries” (as opposed to compensable consequence injury) and does not prohibit PD awards in so called mental-mental injuries. Read more
As promised, my eNews April Message from the Chair is devoted to highlighting the Awards and Recognition Subcommittee of the Executive Committee of the Workers’ Compensation Section of the California Lawyers Association (CLA). One of our nine subcommittees. Erin Wintersteen is the Chair of this subcommittee. I was delighted Erin said yes when I asked her to Chair this subcommittee. I knew she would be perfect. Below please find Erin’s summary of what this subcommittee is all about. “My name… Read more
The United States District Court for the District of Utah granted the United States’ Motion to Reconsider and found the per se rule applies to the horizontal customer agreement alleged in the indictment of heir location service providers Kemp & Associates and its Chief Operating Officer, Daniel J. Mannix. The indictment alleges that the conspirators agreed to suppress and eliminate competition between them on estates they both pursued. Read more