New and Proposed Laws and Legislation

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With California’s unemployment rate among the highest in the nation, employers doing business in the state are particularly sensitive to new legislation that would further increase the burdens on businesses and hamper economic growth. With these concerns in mind, the California Chamber of Commerce has released its annual list of “Job Killer Bills,” which consists this year of 28 proposed laws that would impose even…

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) creates a variety of affirmative action obligations for employers with federal government contracts. The Act was amended in 2002 by the Jobs for Veterans Act (“JVA”). In May 2008, the Department of Labor finalized rules that implement changes to these obligations made by the JVA for employers with federal government contracts that are entered into or modified on or after December 1, 2003. Employers with federal contracts entered into before December 1, 2003 must continue to comply with VEVRAA’s pre-JVA requirements, and employers with contracts in both categories are required to comply with both the new and the old regulations.

Most of the affirmative action requirements set out in VEVRAA remain unchanged by the JVA. This Tip of the Month outlines several important requirements under VEVRAA, and highlights the key changes created by the JVA.

Chamber of Commerce of the U.S. v. Lockyer, 364 F.3d 1154 (9th Cir. 2004)

In 2000, California enacted Assembly Bill No. 1889 (Government Code §§ 16645-16649) which, among other things, prohibits private employers “receiving state funds in excess of $10,000 in any calendar year” from using such funds to “assist, promote, or deter union organizing.” The United States Chamber of Commerce brought an action…

Krupnick v. Duke Energy Morro Bay, 115 Cal. App. 4th 1026 (2004)

John Krupnick filed this personal injury action against Duke Energy Morro Bay on January 8, 2003 for injuries allegedly sustained on January 26, 2001. Duke filed a demurrer on the ground that the action was barred by the one-year statute of limitations of former California Code of Civil Procedure Section 340(3). Krupnick…