Month: March 2021

What’s That Ringing Sound? Court of Appeal Holds Electromagnetic Hypersensitivity Can Constitute a “Physical Disability” Under FEHA

March 31, 2021
Repeater tower

Electromagnetic hypersensitivity (“EHS”), also known as microwave syndrome or being allergic to electricity, has been represented in pop culture and social media for several years.[i]  One of the most prominent portrayals of EHS is in the TV show Better Call Saul, the prequel to Breaking Bad, where successful attorney Chuck McGill – a name partner…

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Legal Alert: SB 95 COVID-19 Paid Sick Leave and Federal ARPA Payroll Tax Credits

March 23, 2021
Close up on a file tab with the word employees plus a note with the text sick leaves, blur effect at the background. Concept image for illustration of sick leave entitlement.

As the COVID-19 pandemic continues, both the California Legislature and United States Congress have recently passed legislation to address the impacts of COVID-19 in the workplace. California’s Senate Bill 95 (SB 95) requires employers to provide up to an additional 80 hours of supplemental paid sick leave for COVID-19 related reasons from January 1, 2021…

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Section 1061’s Application to Real Estate Carried Interests (or Not)

March 17, 2021

Persons interested in investing in real estate may not have the capital to purchase or develop real estate. Ordinarily those persons will seek out investors to provide the capital, while retaining a profits interest in the venture (a “promote” in the real estate world) in exchange for managing and facilitating the venture. A promote held…

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Just What the Doctor Ordered: Second District Permits Trade Secret Protection for Physician Productivity Data

March 11, 2021
Doctor Reading medical Report, Diagnosing Patient

At the end of 2020, California’s Second District Court of Appeal decided Coast Hematology-Oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical Center,[i] a case involving rival medical groups and allegations of trade secret misappropriation, interference with prospective economic advantage, interference with a contract, and unfair competition. Of particular note are the court’s holdings…

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Whitewater West Industries, Ltd. v. Alleshouse: California Law Torpedoes Post-Employment Invention Assignment Provisions

March 11, 2021
Surfer is confronting a white shark and in shock after seeing the danger in front of him 3d rendering

California employers beware. You can use a properly drafted contract to prohibit former employees from using your confidential information after they leave your business. But, if your contract requires a former employee to hand over to you his or her good ideas related to your business conceived after leaving your company and without using company…

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Case Alert: CA Supreme Court Rejects Rounding for Meal Periods

March 10, 2021
Clock, newspaper and coffee

The California Supreme Court has ruled that employers cannot round time punches for meal periods. The Court also held that time punch records that show non-compliant meal periods create a rebuttable presumption of liability for violations. Further, the Court called into question the continuing viability of rounding time punches for hours worked in light of…

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