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California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,...more

California Supreme Court Finds Employee Disclosure of Already Known Unlawful Activity Protected by Whistleblower Statute

In a decision issued on May 22, 2023, the California Supreme Court sided with the state’s labor commissioner and held that the state’s whistleblower statute (Labor Code § 1102.5(b)) protects employees who disclose unlawful...more

California Proposed Employment AI Regulations and Legislation - Proposals from Civil Rights Council and Legislature Concerning the...

As widespread use of artificial intelligence (AI) in the employment sector has surged throughout the country, federal and state lawmakers have been playing catch-up with their efforts to regulate this new technology. In...more

EEOC Issues Guidance on Employer Use of AI Decision-Making Tools

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) issued guidelines cautioning employers on the use of digital software, algorithms, and artificial intelligence (AI) to make employment-related decisions. The...more

President Biden Signs Bill Banning Mandatory Arbitration in Sexual Assault and Harassment Claims

To update our previous advisory, as expected, President Biden signed a bill that significantly limits the use of mandatory arbitration for claims involving sexual assault or sexual harassment. Titled "Ending Forced...more

Blue Mountain Clarifies Scope of Business Sale Exception to Prohibition on Restrictive Covenants in Connection With Joint Ventures

California employers often find themselves frustrated by the limits that state law places on their ability to prevent former employees from targeting their customers because California's Business & Professions Code § 16600...more

California Makes It Easier for Employees to Recover on Whistleblower Retaliation Claims

In Lawson v. PPG Architectural Finishes, Inc., a unanimous California Supreme Court strengthened whistleblower protections in the state by holding that whistleblower claims brought by an employee (or former employee) are to...more

U.S. Supreme Court Rules Title VII Bars Discrimination Based on Sexual Orientation or Gender Identity

In a landmark 6-3 ruling, the U.S. Supreme Court held that Title VII of the 1964 Civil Rights Act protects LGBTQ employees from discrimination in the workplace based on sexual orientation or gender identity. The Court held...more

Seismic Shift in Determining Contractor Status: Unanimous California Supreme Court Adopts New Test for Evaluating Independent...

Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for...more

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