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  • Newsletter

    California Employment Law Notes

    Employee Need Not Show “Significant Harm” Resulted From Discriminatory Transfer
    Muldrow v. City of St. Louis, 601 U.S. ___, 144 S. Ct. 967 (2024)
     
    NASA Scientist’s Hostile Work Environment Claim Should Not Have Been Dismissed
    Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024)
     
    Court Properly Dismissed Lawsuit Of Employee Who Failed To Exhaust Administrative Remedies
    Kuigoua v. Department of Veteran Affairs, 101 Cal. App. 5th 499 (2024)
     
    Employer Is Not Liable For Malicious Prosecution Against Former Employee
    Lugo v. Pixior, LLC, 101 Cal. App. 5th 511 (2024)
     
    Stock Options Are Not Wages Under The Labor Code
    Shah v. Skillz Inc., 101 Cal. App. 5th 285 (2024)
     
    Attorneys Who “Severely Over-Litigated” Wage Claims Were Still Entitled to Reasonable Fees 
    Gramajo v. Joe's Pizza on Sunset, Inc., 100 Cal. App. 5th 1094 (2024)
     
    California Supreme Court Clarifies Scope of Compensable “Hours Worked”
    Huerta v. CSI Elec. Contractors, 15 Cal. 5th 908 (2024)
     
    New Period of Employment Requires New Arbitration Agreement
    Vazquez v. SaniSure, Inc., 101 Cal. App. 5th 139 (2024)
     
    Employer Waived Its Right To Arbitrate By Litigating Civil Action
    Semprini v. Wedbush Secs. Inc., 101 Cal. App. 5th 518 (2024)
     
    Employee May Proceed With Lawsuit Despite Only Alleging “Representative” PAGA Claims Despite Only Alleging “Representative” PAGA Claims
    Balderas v. Fresh Start Harvesting, Inc., 101 Cal. App. 5th 533 (2024)
     
    Plaintiff’s Attorneys Denied Extra Interest On Attorneys’ Fees
    Vines v. O'Reilly Auto Enterprises, LLC, 2024 WL 1751760 (Cal. Ct. App. 2024)
     
    California Employers Score a Rare Victory on Wage Statement Penalties
    Naranjo v. Spectrum Sec. Servs., Inc., 2024 WL 1979980 (Cal. S. Ct. 2024)

    May 2024

  • Newsletter

    UK Tax Round Up

    Welcome to March’s edition of our UK Tax Round Up. This month has seen a number of interesting cases covering a range of issues, from the deductibility of costs against employment income to the place of effective management of a Mauritian trust. In addition, the Chancellor announced significant changes to the UK’s so called “non dom” rules in the Spring Budget and the new Finance Bill has been published.

    March 2024

  • Newsletter

    California Employment Law Notes

    Terminating Sanctions Entered Against Employee Who Deleted Relevant Text Messages
    Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024)
     
    “Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand
    Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024)
     
    Really, Really Pay Those Arbitration Fees Within 30 Days – Really!
    Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024)
     
    Whistleblower Protection Laws Do Not Apply Outside the United States
    Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024)
     
    Former Employer Was Entitled To Injunction And Attorney’s Fees For Employee’s Misappropriation Of Trade Secrets
    Applied Med. Distribution Corp. v. Jarrells, 2024 WL 1007523 (Cal. Ct. App. 2024)
     
    Trial Court May Not Dismiss PAGA Claims On Manageability Grounds
    Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024)
     
    Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”
    Neeble-Diamond v. Hotel Cal. By the Sea, LLC, 99 Cal. App. 5th 551 (2024)
     
    Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.
    Johnson v. Lowe's Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024)

    March 2024

  • Newsletter

    UK Tax Round Up

    Welcome to February’s edition of our UK Tax Round Up. This month has seen revised HMRC guidance on the capital contribution limb of the salaried member test and an interesting case on the tax basis for an employment termination settlement payment.

    February 2024

  • Newsletter

    California Employment Law Notes

    A Single Incident Of Harassing Conduct May Create A Hostile Work Environment
    Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023)
     
    New Trial Of Sexual Harassment Claim Ordered Following Admission Of Evidence Of Other Employees’ Complaints Against Plaintiff
    Argueta v. Worldwide Flight Servs., Inc., 97 Cal. App. 5th 822 (2023)
     
    Trial Court Gave Erroneous Jury Instructions In Whistleblower Case
    Garrabrants v. Erhart, 2023 WL 9016436 (Cal. Ct. App. 2023)
     
    Health Care “Opt-Out Credits” Do Not Count Towards Calculation Of FLSA Regular Rate of Pay
    Sanders v. County of Ventura, 87 F.4th 434 (9th Cir. 2023)
     
    Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal
    Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023)
     
    “Poison-Pill” Provision Voided Entire Arbitration Agreement
    DeMarinis v. Heritage Bank of Commerce, 2023 WL 9113099 (Cal. Ct. App. 2023)
     
    Rest-Break Class Gets Second Chance for Class Certification
    Miles v. Kirkland’s Stores, 2024 WL 74698 (9th Cir. 2024

    January 2024

  • Newsletter

    UK Tax Round Up

    Welcome to December’s edition of our UK Tax Round Up. This month has seen two interesting decisions on the connections needed for amounts to be taxed as employment income, the latest instalment in the BlueCrest partner incentivisation plan case, an attempt to use cases invented by ChatGPT as evidence, publication of the Finance Bill and the revised UK/Luxembourg double tax treaty coming into force.

    December 2023

  • Newsletter

    Wealth Management Update

    January 2024 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
     
    REG-142338-07 – Proposed Regulations Related to Donor Advised Funds
     
    Eileen Gonzalez et al v. Luis O. Chiong et al (Sep. 19, 2023)
     
    IR-2023-185 (Oct 5, 2023)
     
    New York Public Health Law amended to permit remote witnesses for health care proxies (Nov 17, 2023)
     
    Small Business Succession Planning Act Introduced (Oct 12, 2023)

    January 2024

  • Newsletter

    California Employment Law Notes

    Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
    Mattson Tech., Inc. v. Applied Materials, Inc., 2023 WL 7180167 (Cal. Ct. App. 2023)
     
    Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
    Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. Ct. App. 2023)
     
    Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
    Snoeck v. ExakTime Innovations, Inc., 2023 WL 7014096 (Cal. Ct. App. 2023)
     
    Employees Were Properly Awarded $7.2 Million For Employer’s Breach Of Contract
    Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023)
     
    Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
    Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
     
    Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19
    Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
     
    Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment
    Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)
     
    Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
    Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)

    November 2023

  • Newsletter

    UK Tax Round Up

    Welcome to the October edition of the UK Tax Round Up. This month has seen the Supreme Court’s judgment on the operation of the employment-related securities deeming provision, the Court of Appeal’s decision on what constitutes receipt of profits in a fiduciary capacity in the latest BlueCrest case, a number of interesting VAT cases and a policy paper and draft legislation confirming how EU law will remain relevant to the UK’s VAT law.

    October 2023

  • Newsletter

    UK Tax Round Up

    Welcome to the September edition of the UK Tax Round Up. This month has seen interesting decisions on the salaried members rules, the scope of arrangements for the CGT rollover main tax avoidance purpose test and the precedence of the employment-related securities option rules over the tax-exempt termination payment rules. In addition, the Government has confirmed the repeal of the stamp duty and SDRT 1.5% charge on the issue and transfer of UK securities into depositary receipt or clearance service systems for capital raising.

    September 2023