Ervin Cohen & Jessup LLP

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report Senate Bill 616, which was signed into law by Governor Newsom this month, amends existing law regarding paid sick leave to California employees. 

ECJ Blog - Legal Bites for 10/18/2023 -

ECJ Blog - Legal Bites for 10/18/2023 After years of debate, and a looming referendum, a compromise between labor and business representatives has resulted in a final law regulating the fast-food industry. On September 28, 2023, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1228 into law. AB 1228 is a compromise versi...

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report After years of debate, and a looming referendum, a compromise between labor and business representatives has resulted in a final law regulating the fast-food industry. On September 28, 2023, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1228 into law. AB 1228 is a compromise versi...

ECJ Blog - Legal Bites for 10/04/2023 -

ECJ Blog - Legal Bites for 10/04/2023 You may have heard the half-serious joke that California acts as its own independent country.  One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the country which permits these agreements to varying degrees.California has lean...

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report You may have heard the half-serious joke that California acts as its own independent country.  One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the country which permits these agreements to varying degrees.California has lean...

ECJ Blog - Ask the Receiver -

ECJ Blog - Ask the Receiver Q: I am a receiver for a corporation, in a case arising out of fraud allegations. I have asserted claims against various insiders. They are willing to settle with me for a significant sum, but only if the court bars investors, customers and vendors from suing them. Can the court issue such a bar ord...

ECJ Blog - Legal Bites for 09/19/2023 -

ECJ Blog - Legal Bites for 09/19/2023 What goes up continues to go up!  As we pointed out here last year, the trend of increasing the minimum wage continues, as follows:

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report What goes up continues to go up!  As we pointed out here last year, the trend of increasing the minimum wage continues, as follows:

ECJ Blog - Legal Bites for 09/15/2023 -

ECJ Blog - Legal Bites for 09/15/2023 If the law is passed, then any person or entity will be prohibited from manufacturing or selling a food product for human consumption containing specified food additives. The banned additives include brominated vegetable oil (CAS no. 8016-94-2); potassium bromate (CAS no. 7758-01-2); propylparaben (...

ECJ Blog - Legal Bites for 09/14/2023 -

ECJ Blog - Legal Bites for 09/14/2023 On September 11, 2023, industry, government, and union representatives announced that they had reached a deal to remove a California referendum on the Fast Food Accountability and Standards (“FAST”) Recovery Act from the 2024 ballot. The Fast Act has a storied history, commencing with legislatio...

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report On September 11, 2023, industry, government, and union representatives announced that they had reached a deal to remove a California referendum on the Fast Food Accountability and Standards (“FAST”) Recovery Act from the 2024 ballot. The Fast Act has a storied history, commencing with legislatio...

ECJ Blog - Ask the Receiver -

ECJ Blog - Ask the Receiver Q: In a receivership I just wrapped up, the court approved by final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay my outstanding approved fees. The defendant, however, has not paid me. Am I...

ECJ Blog - Legal Bites for 09/06/2023 -

ECJ Blog - Legal Bites for 09/06/2023 On August 15, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit revived a class action lawsuit against Nestle regarding its “Premier White Morsels” Toll House product.  In the opinion, Prescott v. Nestle USA, No. 22-15706, the court vacated the district court....

ECJ Blog - California Insurance Law Commentary for 08/30/2023 -

ECJ Blog - California Insurance Law Commentary for 08/30/2023 Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”.

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report With the stated purpose of providing protection to freelance workers who may struggle to receive timely and full payment for their services, the city of Los Angeles has established an ordinance which will require hiring entities to have a written contract with any freelance worker for services value...

ECJ Blog - Legal Bites for 08/17/2023 -

ECJ Blog - Legal Bites for 08/17/2023 With the stated purpose of providing protection to freelance workers who may struggle to receive timely and full payment for their services, the city of Los Angeles has established an ordinance which will require hiring entities to have a written contract with any freelance worker for services value...

ECJ Blog - Legal Bites for 08/16/2023 -

ECJ Blog - Legal Bites for 08/16/2023 On August 9, 2023, the Food and Drug Administration (“FDA”) announced a direct final rule revoking certain uses of partially hydrogenated oils (“PHOs”) in food.  The rule will go into effect on December 22, 2023. Any comments to the rule must be submitted by October 23, 2023.

ECJ Blog - Legal Bites for 08/15/2023 -

ECJ Blog - Legal Bites for 08/15/2023 On August 14, 2023, a panel of judges for the United State Court of Appeals for the Ninth Circuit issued a published opinion affirming dismissal of two complaints alleging that food product labels advertising the amount of protein in products were false and misleading under federal and state law. Th...

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report On July 21, 2023, the United States Court of Appeals for the Ninth Circuit affirmed a district court order denying Domino Pizza’s motion to compel arbitration in a putative class action brought by plaintiff Dominos truck drivers who alleged that Domino’s had violated California labor law.

ECJ Blog - Legal Bites for 08/02/2023 -

ECJ Blog - Legal Bites for 08/02/2023 On July 21, 2023, the United States Court of Appeals for the Ninth Circuit affirmed a district court order denying Domino Pizza’s motion to compel arbitration in a putative class action brought by plaintiff Dominos truck drivers who alleged that Domino’s had violated California labor law.

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys General Act (PAGA) claims are subject to an arbitration agreement has stand...

ECJ Blog - Ask the Receiver -

ECJ Blog - Ask the Receiver Q: I was appointed state court receiver over a corporation. There are a number of pending lawsuits against the corporation. At the current time, there are few liquid assets and I would rather not use them to defend the lawsuits. Can the receivership court stay the lawsuits and require the claims be....

ECJ Blog - The Staff Report -

ECJ Blog - The Staff Report The Court of Appeal of the State of California recently held in Thai v. IBM, A165390, that employers are obligated to reimburse expenses incurred by employees working from home if those expenses are a consequence of the employee’s job duties, even if those expenses were caused by state stay-at-hom...

ECJ Blog - The Staff Report for 07/20/2023 -

ECJ Blog - The Staff Report for 07/20/2023 On June 29, 2023, the Supreme Court of the United States unanimously held in Groff v. DeJoy, No. 22-174, that Title VII of the Civil Rights Act of 1964 (“Title VII”) requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in su...

ECJ Blog - Legal Bites for 07/20/2023 -

ECJ Blog - Legal Bites for 07/20/2023 On June 29, 2023, the Supreme Court of the United States unanimously held in Groff v. DeJoy, No. 22-174, that Title VII of the Civil Rights Act of 1964 (“Title VII”) requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in su...

ECJ Blog - Legal Bites for 07/19/2023 -

ECJ Blog - Legal Bites for 07/19/2023 On July 6, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated list of draft and final topics that the agency anticipates publishing guidance documents for by the end of December 2023.

ECJ Blog - California Insurance Law Commentary for 07/18/2023 -

ECJ Blog - California Insurance Law Commentary for 07/18/2023 Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the internet. In others, the hackers have held the company’s information h...

ECJ Blog - The Staff Report for 07/17/2023 -

ECJ Blog - The Staff Report for 07/17/2023 On June 27, 2023, the federal Pregnant Workers Fairness Act (“PWFA”) went into effect.  The law requires employers with 15 or more workers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the acc...

ECJ Blog - Legal Bites for 07/10/2023 -

ECJ Blog - Legal Bites for 07/10/2023 On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials.

ECJ Blog - The Staff Report for 07/10/2023 -

ECJ Blog - The Staff Report for 07/10/2023 On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials.

ECJ Blog - Legal Bites for 06/29/2023 -

ECJ Blog - Legal Bites for 06/29/2023 On June 1, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit held that berry distributors were not liable as “client-employers” of agricultural workers. The plaintiff agricultural workers had been hired by strawberry growers to pick fruit that was then turned o...

ECJ Blog - The Staff Report for 06/29/2023 -

ECJ Blog - The Staff Report for 06/29/2023 On June 1, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit held that berry distributors were not liable as “client-employers” of agricultural workers. The plaintiff agricultural workers had been hired by strawberry growers to pick fruit that was then turned o...

ECJ Blog - Legal Bites for 06/28/2023 -

ECJ Blog - Legal Bites for 06/28/2023 On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44 Restaurants, LLC v. American Insurance Company, No. 22-15403.

ECJ Blog - Legal Bites for 06/22/2023 -

ECJ Blog - Legal Bites for 06/22/2023 On June 14, 2023, the U.S. Department of Agriculture (“USDA”) announced that it was implementing a multi-step effort to strengthen the substantiation of animal-raising claims. Animal-raising claims are voluntary marketing claims that highlight aspects of how the source animals used for meat and ...

ECJ Blog - California Insurance Law Commentary for 06/21/2023 -

ECJ Blog - California Insurance Law Commentary for 06/21/2023 A genuine looking email is sent to a company’s accounts payable department with instructions from its president to pay money to a certain account. The “To” and “From” headers and the signature block look identical to hundreds of emails previously received by the department from the company...

The ECJ Uncommoner - Ask the Receiver for 06/20/2023 -

The ECJ Uncommoner - Ask the Receiver for 06/20/2023 Q: I was appointed receiver for some major assets owned by a corporation. I just learned the corporation has filed bankruptcy. I know I have to eventually turnover the assets I have. Can I wait to see if the bankruptcy sticks or if a trustee is appointed? Can I demand the corporation pay for the cos...

The ECJournal - The Staff Report for 06/08/2023 -

The ECJournal - The Staff Report for 06/08/2023 On July 1, 2023, a number of local municipalities and the County of Los Angeles will be raising their hourly minimum wage, based on changes to the consumer price index, and as required by local minimum wage ordinances. Beginning July 1, 2023, the following increases will apply to employers in the de...

The ECJournal - California Insurance Law Commentary for 06/07/2023 -

The ECJournal - California Insurance Law Commentary for 06/07/2023

REMINDER: June 15, 2023 | Work Time Reduction Webinar - https://www.eventbrite.com/e/work-time-reduction-webinar-tickets-633655379297

Thank you GGI | Global Alliance for another incredible and successful Annual World Conference in Montreal.