In Union of Medical Marijuana Patients v. City of San Diego, the California Supreme Court unanimously held that the City of San Diego failed to analyze the potential environmental impacts of its medical marijuana dispensary law. While the main issue in this case was the definition of a project under the California Environmental Quality Act (CEQA), the ruling has important ramifications for the legal cannabis market as a whole ...
California employers should assess their meal period policies and practices in light of the California Supreme Court's February 25, 2021, decision in Donohue v. AMN Services, LLC (Donohue). This ruling: (1) prohibits California employers from rounding time punches for meal periods and (2) holds that time records showing non-compliant meal periods will raise a rebuttable presumption of liability for meal period violations ...
Yesterday, the California Supreme Court issued an important decision for employers that rejects the application of the federal de minimis defense to unpaid wage claims arising under California law. In Troester v. Starbucks, Case No. S234969 (July 26, 2018), the Supreme Court held that California law prohibits requiring employees to "routinely work for minutes off the clock without compensation ...
On March 4, 2019, the California Supreme Court ruled in Cal Fire Local 2881 et. al. v. California Public Employees' Retirement System that public retirement system members do not have a vested right to purchase "airtime" – nonqualified service credit unrelated to public service ...
In the recent case of 'Ixchel Pharma v. Biogen', the Ninth Circuit asked the California Supreme Court to resolve two questions “because of their significance for business torts in California.” The U.S. Court of Appeals for the Ninth Circuit—which includes California—occasionally encounters questions of California law that it cannot resolve ...
Key Points The California Supreme Court clarified the so-called California Rule on public employee’s "vested rights" to pension benefits, holding that detrimental financial changes to employee pension benefits do not invariably require that offsetting comparable new advantages be provided. And it set a legal framework for analyzing that issue ...
July 21, 2023 By: Robert S. Cooper The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber Technologies, Inc., (S274671) weighing in on the United States Supreme Court’s (“SCOTUS”) recent landmark decision in Viking River Cruises, Inc. v. Moriana, (2022) 596 U.S. __, [142 S. Ct 1906] (Viking) ...
On October 6, 2021, Governor Gavin Newsom signed Assembly Bill 45 (AB 45) into law. AB 45 permits the manufacture and sale of a wide range of products containing regulated amounts of industrial hemp. Below is a brief overview: What is industrial hemp? “Industrial hemp” is defined as cannabis plants that have no more than 0.3% tetrahydrocannabinol (THC) ...
February 16, 2023 By: Kathryn B. Fox and Charles Whitman Once again, California employers can require workers to sign arbitration agreements as a condition of employment. Following the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and in a reversal of its own prior decision, a divided three-judge Ninth Circuit panel found that AB 51 is preempted by federal law. Chamber of Commerce of the U.S., et al. v. Bonta, et al., No. 20-15291 (9th Cir. Feb. 15, 2023) ...
In Harris v. University Village Thousand Oaks, CCRC, LLC, plaintiffs, residents at Defendant’s continuing care retirement community who had previously signed binding arbitration agreements in their continuing care contracts, argued that under applicable California law, the arbitration agreements were invalid and they could therefore litigate their claims in a court of law. Defendant University Village sought to enforce the arbitration provisions of the continuing care contracts ...
On January 31, 2017, the First Appellate District Court in the case Santa Barbara Channelkeeper v. City of San Buenaventura found that an allegation of excessive water diversion to protect endangered fish species under the rule of reasonableness and the public trust doctrine, could not be resolved without consideration of all competing water users in the system ...
On October 13, 2021, through the website of the Ministry of Mining, the Government of Chile published the National and International Call for Lithium. National or foreign companies may participate in this process, which will have to acquire the respective public tender conditions, to allow exploration, exploitation, and commercialization of a total of 400,000 tons of marketable metallic lithium, divided into 5 quotas of 80,000 tons each ...
Since receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 (BSA) has continued to lumber along - coming into effect in phases and throwing up legal complications as it goes. The government has therefore been required to create secondary legislation – regulations - to seek to clarify and untangle various provisions in the BSA. The Act is reliant on regulations to provide the detail of many of its provisions ...
CalPERS Announces New Administrative Fees for Section 218 Agreements The California Public Employees' Retirement System (CalPERS), the California State Social Security Administrator (SSSA), announced in July that it will begin charging new administrative fees to public agencies for Section 218 Agreements to pay the cost of administering the SSSA program ...
The Association of Fire Prevention Enterprises of Cambodia (“AFPE”) in conjunction with the National Quality Inspection Centre for fire Safety Systems (“NICS”) hosted a seminar on 9 September 2019 on the introduction of the National Standard Book on Fire Safety Systems – Building Design Code ...
Law on the Management of Commercial Gambling, Royal Kram NS/RKM/1120/031 dated 14 November 2020 Overview On 14 November 2020, the Law on the Management of Commercial Gambling (“Gambling Law”), the first comprehensive legislation to regulate casinos and commercial gambling centers in Cambodia, was promulgated ...
The window to apply for the 2023 foreign employee quota is open until the end of November 2022. Enterprises employing or intending to employ foreign employees in 2023 are required to apply for a foreign employee quota from the Ministry of Labour and Vocational Training (“MLVT”) ...
On 30 September 2020, the Royal Government of Cambodia (“RGC”) issued a press release and rolled out ‘Round 6’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. These represent a combination of new and existing measures (that have been extended) ...
On 23 December 2020, the Royal Government of Cambodia (“RGC”) issued a press release and rolled out ‘Round 7’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. The RGC in their press release noted the positive update with respect to the development of a COVID-19 vaccine and the fact that Cambodia has to date managed to effectively control COVID-19 ...
On 29 June 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 9’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. The RGC noted that COVID-19 situation continues to evolve alarmingly with the recent mutation of the virus, which has added socio-economic pressures to many countries around the world ...
The 1997 Labour Law, previously amended in 2007 and 2018, was amended for the third time on 5 October 2021 with immediate effect (“Amended Labour Law”). The Amended Labour Law introduces several changes to the 1997 Labour Law, particularly provisions relating to employee working schedules, work on paid public holidays, individual disputes and the authority of the Labour Inspector ...
Cambodia’s long-awaited Competition Law (“Law”) was signed into law by the King on 5 October 2021. While the Law has been enacted, the principal regulator, the Cambodia Competition Commission (“CCC”) has not yet been appointed and it is not clear how the Law will be enforced prior to a) such appointment and b) the issue of required regulatory instruments and decisions ...
