The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using back of pack information at the motion to dismiss phase seems to once again be raised.Continue Reading What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s Whiteside Decision

After being plagued for two decades with claims brought under the California Private Attorneys General Act (“PAGA”), recent reforms mean employers may now see a decrease in (though not an elimination of) such claims. PAGA authorizes aggrieved employees to bring a civil action against an employer to recover penalties on behalf of themselves and other employees. Continue Reading PAGA Reform May Curb Appetite for Litigation

On the eve of the July 1, 2024 deadline for businesses to comply with California’s so-called junk fee ban (“SB 478”), Governor Gavin Newsom signed into law SB 1524, which allows restaurants, bars, and other food services businesses that sell directly to consumers to continue using surcharges so long as such fees are “clearly and conspicuously” displayed.Continue Reading California Legislature Eighty-Six’s “Junk Fee Ban,” But Relief May Be Temporary

Franchisors have long grappled with evolving and inconsistent standards for determining when a joint-employer relationship exists such that a franchisor can be liable for labor and employment law claims even when it does not exercise direct control over its franchisees.Continue Reading California’s FAST Act to go, But NLRB Delivers a New Joint-Employer Rule