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Coffee and Prop 65

The long and winding road is over

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Most of us enjoy a cup of coffee (or two) in the morning. In fact, we rely on it for the caffeine boost it provides. Other than the potential harmful effects of caffeine, we do not think that coffee can cause a major illness such as cancer or heart disease. But, unbeknownst to us, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether drinking coffee can cause cancer.

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The Consumer Privacy Rights Act (“CPRA”) amended the California Consumer Privacy Act of 2018 (“CCPA”). The CPRA also created the California Privacy Protection Agency (“Agency”) to implement and enforce laws for the CCPA. As part of the Agency’s rulemaking authorities, the Agency published their first set of regulations which, among other things, update previous regulations to conform with the amendments to the CCPA through the CPRA.

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Dalton Corporation, headquartered in Guadalajara, Mexico, recently acquired its first automotive franchises in the U.S. Dalton’s vice president of innovation and new ventures Juan Carlos Rodriguez Villava spoke with Getting to GO! about Dalton’s U.S. expansion plans and the importance of working with a law firm with experience in cross-border transactions.

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In 2020, the National Labor Relations Board (“Board”) (controlled by President Trump appointees) issued two opinions (Baylor University Medical Center (369 NLRB No. 43) (“Baylor”) and IGT d/b/a International Game Technology (370 NLRB No. 50(“IGT”)) which made it easier for employers to present employees with or enforce severance packages and other agreements containing confidentiality and non-disparagement provisions.

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On February 15, 2023, the Ninth Circuit Court of Appeals issued its opinion holding that AB 51 is preempted by the Federal Arbitration Act (“FAA”) and, therefore, unenforceable. The opinion is the most recent legal step in a fairly complicated history of the federal court’s rulings on AB 51.

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In Helix Energy Solutions Group, Inc. v. Hewitt, Case No. 21-984, the United States Supreme Court held that an offshore oil rig supervisor who was paid nearly $1,000 for each day he worked was not exempt from the Fair Labor Standards Act (“FLSA”) because he was not paid a predetermined amount per week and, thus, was not compensated on a “salary basis” in accordance with applicable regulations. As a result, his employer was held liable for plaintiff’s overtime pay.

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California employers are prohibited from passing on their business expenses to their employees: if an employee uses their personal cell phone to clock in and out, receive or make work-related calls, receive, view or send work-related text messages, the California Labor Code obligates their employer to reimburse those employees a “reasonable” percentage of their employee’s cell phone bill for the employee’s work-related use. Plaintiff’s attorneys argue that it is not enough to simply prohibit employees from using their cell phone for work. Rather, the obligation arises when the employee is required or expected to use their cell phone for work purposes.

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In practicing law, staying Ahead of the Curve is critical. That's what we do. Scali Rasmussen, PC, has collated all of the new case law for last year, categorized by area of practice. If you want to stay ahead too, take a look.

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