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April 15, 2021
An examiner cannot enter part of an amendment under 37 C.F.R. § 1.312; it must be entered as a whole or denied entry.
April 15, 2021
Pearl Cohen Zedek Latzer Baratz In a 56-page opinion that could substantially affect for the concept "fair use" in U.S. copyright law, the U.S. Court of Appeals for the Second Circuit overturned a district court... Sheppard Mullin Richter & Hampton California Labor Code Section 925 prohibits employers from requiring employees who reside and work primarily in California, as a condition of employment, to agree to any provision ... Obhan & Associates Trademarks Comparative Guide for the jurisdicti...
April 14, 2021
To print this article, all you need is to be registered or login on Mondaq.com. This week, VLSI and Intel begin their second jury trial, and WacoWatch is there to keep you apprised of the events for every trial day. Below are our top 5 things to know before trial. Who: Backed by hedge-fund Fortress Investment Group, plaintiff VLSI continues its patent assertion against Intel in the second of three trials. The first trial jury awarded VLSI $2.18 billion. What: The patents...
April 6, 2021
To embed, copy and paste the code into your website or blog: On March 19, Governor Gavin Newsom signed SB 95 into law, which provides for supplemental paid sick leave for reasons related to COVID-19. This new leave is in addition to paid sick leave already required by law or policy. The new law creates California Labor Code Section 248.2, with respect to supplemental paid sick leave to employers generally and firefighters, and California Labor Code Section 248.3, with respect to providers of in...
March 10, 2021
In its recent Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records showing late, shortened or missed meal breaks raise a rebuttable presumption of Labor Code violations for purposes of summary judgment. Rounding Policies Impermissible for Meal Breaks Rounding time programs have been a source of considerable litigation in recent years. Unde...
January 8, 2021
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Reviews (NLR’s) and the National Law Forum LLCs Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not b...
January 7, 2021
To embed, copy and paste the code into your website or blog: Governor Gavin Newsom recently signed a number of bills that will affect California employers in 2021. Most significantly, the new laws greatly expand the California Family Rights Act (CFRA), create stringent workplace reporting requirements related to COVID-19, and clarify California’s year-old independent contractor law, Assembly Bill 5 (AB 5). Supplemental COVID-19 Paid Sick Leave Assembly Bill (AB) 1867 expanded supplemental pai...
January 6, 2021
To embed, copy and paste the code into your website or blog: With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021. Attorneys Fees for Whistleblower Retaliation and Extended Filing Period for DLSE Claim (AB 1947) This new legislation expressly authorizes a court to award reasonable attorneys fees to a plaintiff who prevails in a “whistleblower” action under Labor Code Section 1102.5. The ne...
December 31, 2020
[co-author: Crystal Miller-OBrien] By any measure, 2020 presented novel, life-changing experiences for all of us. The resilience and focus required to endure the seemingly relentless wave of changes have helped to hone the skills of most workplaces and allowed them to pivot and survive. In line with our hope that 2021 will afford a bit more stability and considerable success, here are some of the significant, non-COVID-19-related legal changes applicable to California employers that human resou...
December 25, 2020
Service Workers Employers are also required to identify the number of employees by race, ethnicity, and sex whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey. To do so, the employer must calculate the total earnings for each employee for the entire reporting year, whether or not the employee worked a full calendar year. Lastly, the report must include the total number of hours each employee worked...