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Proposed California Legislation Seeks To Codify Dynamex Decision (With A Notable Exception For Licensed Real Estate Professionals)
In the year or so since the California Supreme Court issued its unanimous decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, 4 Cal. 5th 903 …
Mission Product Holdings, Inc. v. Tempnology, LLC: Supreme Court Decides that Rejection of an Executory Contract is a Breach and Not Recession
On May 20, 2019, the Supreme Court issued its opinion in Mission Product Holdings, Inc. v. Tempnology, LLC (“Tempnology”) deciding that rejection of an executory contract by a debtor is …
Drug-Free May Not Be Problem-Free
Recent legislation and case law indicates that now, more than ever, employers should take care before utilizing strict drug-free workplace policies. Stringent policies, without exception, could expose employers to liability …
Planning For Financially Unsophisticated Beneficiaries
With the current Federal estate and gift tax exclusion amount set at $11.4 million per person, many families have been able to shift their planning focus from death taxes to …
They’re Back…SSA “No-Match” Letters!
In March 2019, the Social Security Administration (“SSA”) resumed the practice of sending “No-Match Letters” to those employers who the SSA identified as having at least one name and social …
Ninth Circuit Court Rules that the Dynamex Decision and The “ABC” Test Applies Retroactively
On April 30, 2018, the California Supreme Court in Dynamex Operations West, Inc. v. Super. Ct., (2018) 4 Cal. 5th 903, adopted the “ABC” test when evaluating whether a worker …
District Court Dismisses ADA Title III Website Class Action Lawsuit
On March 28, 2019, Judge Loretta A. Preska, Senior United States District Judge for the Southern District of New York, entered an Order dismissing a class action lawsuit filed against …
U.S. Supreme Court to Hear Title VII Cases Concerning LGBTQ Employees
The U. S. Supreme Court will hear job discrimination cases that could for the first time resolve whether lesbian, gay, bisexual and transgender (“LGBTQ”) employees can be fired based on …
President Trump Issues New Memorandum Affecting Nonimmigrant Visa Overstays
On April 22, 2019, President Trump issued a new written policy entitled “Presidential Memorandum on Combating High Nonimmigrant Overstay Rates.” While the memorandum focuses on visitor visas, it also includes …
Community Property Issue Certified to the California Supreme Court
A controlling question of California law dealing with the interplay between State law presumptions of community property and “form of title” on which there was no controlling California precedent has …