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Articles by Sedgwick LLP
Misclassification Alone Is Insufficient for Class Treatment - HR Daily Advisor
Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime policies, job descriptions, and exemption classifications.
Retirement: The Unique Status of California's Largest Employer - HR Daily Advisor
In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying with those laws.
Does Employee's Drug-Induced Mentally Altered State Nullify Voluntary Resignation? - HR Daily Advisor
A former employee sued her employer under the California Fair Employment and Housing Act (FEHA) for violations of public policy after her request to rescind her resignation—made while her mental state was altered—was declined. Even if the former employee suffered a disability under the FEHA, the employer’s decision didn’t constitute an adverse employment action because it occurred after her employment had ended, and her resignation was free of employer coercion or misconduct.
How Long Do Civil Cases at the California Supreme Court Tend to Last From Grant of Review to Decision?
This week, we begin a new phase of our analysis: how long does the average case remain pending at the California Supreme Court from grant of review to oral argument to decision, and what are the differences between civil, criminal and death penalty cases? In Table 167 below, we report the mean number of days, year by year, from grant of review to oral argument in civil cases. In 2000, the Court averaged 559.959 days per case from grant to argument.
Tracking the California Supreme Court’s Experience With Amicus Briefs in Criminal Cases (2008-2015)
Yesterday, we reviewed the California Supreme Court’s experience with amicus curiae briefs in civil cases between 2008 and 2015. Today, we conclude this topic with a review of the Court’s criminal cases during the same years. Just as was true for the years 2000 to 2007, amicus briefs have been nowhere near as commonplace in criminal cases as they are in civil matters. In 2008, the Court received only 3 amicus briefs in non-unanimous criminal cases and 31 in unanimous ones.
Which Justices Most Often Voted With the Majority in Civil Cases (Part 2 - 2008-2015)?
Last week, we turned our attention to tracking how often each Justice voted with the majority in cases in which the Court reached a divided decision. In Part 1 of our series, we addressed the years 2000 through 2007. Today, we turn our attention to the Court’s civil docket between 2008 and 2015. In Table 382 below, we show for each Justice the number of non-unanimous civil cases in which he or she voted with the majority.
Are Majority Opinions in Civil Cases Getting Longer (Part 2 - 2008-2015)?
Last week, we began our analysis of the length of the Court’s majority opinions, addressing civil and criminal cases between 2000 and 2007. Yesterday, we reviewed the Court’s majority opinions in death penalty appeals for the same period. Today, we turn our attention to majority opinions in civil cases between 2008 and 2015. Overall, there is evidence that the Court’s majority opinions are getting longer in civil cases.
Are Majority Opinions in Criminal Cases Getting Longer (Part 1 - 2000-2007)?
Yesterday, we began our review of the length of the California Supreme Court’s majority opinions, addressing the Court’s civil opinions between 2000 and 2007. Today, we turn our attention to the Court’s majority opinions in criminal cases during the same period. We report the data in Table 113 below. Two things are evident: first, majority opinions are consistently longer on the criminal side than the civil side, almost entirely because of the influence of death penalty appeals.
Who Writes the Most Majority Opinions in Criminal Cases on the Illinois Supreme Court (Part 3 - 2010-2015)?
For the past two weeks, we’ve been tracking the history, year-by-year, of which Justices most frequently author the Court’s majority opinion in civil and criminal cases, both when the Court is divided and when the Court is unanimous. Today, we turn our attention to the Court’s criminal docket for the years 2010 through 2015. For 2010, Justice Kilbride led the Court with five majority opinions in non-unanimous criminal cases.
How Many Amicus Briefs Does the Illinois Supreme Court Accept in the Average Criminal Case (Part 2)?
For the past two weeks, we’ve been reviewing the Illinois Supreme Court’s recent history with amicus briefs. Today, we turn our attention to the criminal and quasi-criminal docket between 2008 and 2015. Amicus briefs were far more common in civil cases than in criminal matters between 2008 and 2015 – just as was the case between 2000 and 2008. In fact, as we see in Table 354 below, the Court accepted no amicus briefs at all in criminal cases between 2008 and 2010.
How Often is the California Supreme Court Closely Divided in Death Penalty Appeals (Part 2)?
Yesterday, we continued our examination of the Court’s voting patterns, dividing the Court’s unanimity rate among the automatic death penalty appeals and the criminal non-death cases, and asking how often in the death penalty and “everything else” dockets the Court’s decision was lopsided – meaning either unanimous or one dissenter. Today, we turn our attention to the years 2008 through 2015.
How Often Does the California Supreme Court Review Unpublished Criminal Decisions?
Yesterday, we began our analysis of a new question: how much of the California Supreme Court’s civil and criminal dockets arises from unpublished Court of Appeal decisions? Today, we turn our attention to the Court’s criminal docket (omitting the automatic death penalty appeals). Unpublished decisions are significantly more common on the criminal docket than they have been on the civil docket.
An Arbitration Agreement Win for California Employers
In a recent California Appellate Court decision, what began as an otherwise uncomplicated employment case resulted in an arbitration agreement win for employers. Read on to see how the court determined that employee acknowledgment was sufficient to enforce an arbitration agreement. The court distinguished and reversed a prior appellate court decision, and in doing so, it recognized some leeway for employers that haven’t obtained employee signatures on separate arbitration agreements.
A Case of Mistaken Disability Costs California Employer
A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer. Stanislaus County employed Dennis Wallace as a deputy sheriff. Wallace suffered on-the-job injuries to his knee.
Privacy Protection or Power Grab: FCC's New Privacy Rules
On March 10, The Federal Communications Commission (FCC) announced a proposal for privacy rules for Internet service providers (ISP) that would see the agency regulate how Internet service providers handle user privacy. The agency is looking to restrict ISPs ability to share with advertisers and other third parties the information they collect about what their customers do online.
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