Recent legal news from California

In March 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”), which impose emission controls for oil and gas facilities across the state.  Following the state rulemaking process, ARB and the San Joaquin Valley Air Pollution Control District (“Air District”) – and the Air District’s regulated stakeholders – jointly determined that local administration of the program would provide for more effective and expeditious implementation at a lower cost to businesses in the Air District.  View Full Post
California’s Immigrant Worker Protection Act became effective January 1, 2018.  The law, set forth in AB 450, requires, among other items, employers to verify that immigration officials have a judicial warrant or subpoena prior to entering the workplace and for employers to provide notice to employees if there has been a request to review the employer’s immigration documents, such as Form I-9s.  View Full Post
In Bustos v. Global P.E.T., Inc., (E065869, Cal. Ct. App. January 16, 2018), Plaintiff William Bustos and a number of his co-workers were terminated by Global in an economic layoff.  Bustos sued Global alleging his disabilities were a substantial motivating reason for his termination. View Full Post
Local Government’s 4-Letter Word for a Massive Disaster? PERS This blog was authored by Frances Rogers and Michael D. Youril. The urban dictionary has a number of apropos words that could aptly define the chaotic storm that is CalPERS, but one may resort to gentler terms for the public pension “gap,” “shortfall,” “pinch,” “bite,” “problem,” “crisis,” or “disaster.” Whatever you call it, it is now the bane of every local agency that may lament the day it contracted with the country’s largest pension system.  View Full Post
California’s State Mining and Geology Board had a busy 2017 with ongoing rulemakings to implement SMARA reform enacted in 2016.  The Board’s 2018 will be busy and one to closely watch too, in particular, because the Board plans to address the unintended environmental consequences created by the adoption fifteen years ago of what is known as the “Backfill Regulation.” For those who fled California in the wake of the Backfill Regulation, here’s a quick refresher on why you packed your bags and haven’t returned. View Full Post
Workers’ Compensation, ADA/FEHA and FMLA/CFRA Oh My! One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues.  This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability), and FMLA/CFRA.  Quite often an employee is injured, a workers’ compensation claim is opened, and the employer somehow forgets the other two prongs of the triangle.  View Full Post