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  • California Insurers Asked to Submit Diversity Information About Boards of Directors
    Mon, 07 Jul 2014 16:12:40 -0800
    by Robert Hogeboom & Samuel Sorich The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey. Among other questions, the...
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  • Ninth Circuit Takes Narrow View of ERISA Surcharge Remedy
    Wed, 11 Jun 2014 15:31:47 -0800
    In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he was erroneously told he would receive.  As explained below, the Alaska Electrical...
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  • MICRA's Big Deception
    Thu, 29 May 2014 12:25:03 -0800
    Michael Newman authored an op-ed for the May 29th edition of the Daily Journal to speak out against what he believes is an initiative that will deceive California voters this coming November.   Newman writes that the primary purpose of the Troy and Alana Pack Patie...
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Litigation Management Blog

Employment Law Observer

  • Standard for Class Certification of Independent Contractors Clarified by California Supreme Court
    Mon, 21 Jul 2014 21:27:51 +0000
    By Mark Chuang In Ayala v. Antelope Valley Newspapers, the California Supreme Court held that the proper test for determining whether newspaper carriers could proceed as a class on the issue of their employment status was the employer’s right to control their conduct, not how that right was exerc...
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  • Unauthorized Work Status Does Not Bar Discrimination Claims
    Wed, 02 Jul 2014 20:35:15 +0000
    By Mark Chuang In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay damages, even if the employee was ineligible for employment to beg...
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  • After NLRB v. Canning: A Practical Guide For Employers
    Mon, 30 Jun 2014 15:04:38 +0000
    The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason. Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of National Labor Relations Board (“NLRB”) rulings expanding employee rights an...
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