Labor & Employment

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Case: Costco Wholesale Corporation v. Superior Court (Cal. Ct. App. 3/27/08)

The One Sentence Summary: Where a redacted version of a letter prepared by Costco’s outside counsel detailing a comprehensive factual investigation and legal analysis of the classification of managers within Costco warehouses disclosed only job descriptions of certain managers readily available from other sources,…

The San Francisco Health Care Security Ordinance (HCSO) became effective on January 9, 2008. The HCSO requires most San Francisco employers to make minimum health care expenditures for their employees, to track such expenditures, and to confirm compliance. Folger Levin & Kahn LLP has prepared a summary of the HCSO intended to be a step-by-step

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This posting provides a summary of many new developments in California Employment Law for 2008, including summaries of new statutes, case law, and regulations that will impact California employers. If you have any questions about the application of any of these laws to any particular situation effecting your company, please contact one of us in

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Case: National Federation of the Blind v. Target Corporation: Implications Beyond “Brick-and-Click” Retailers

Summary: Are websites required to be accessible to the blind? A case before the United States District Court for the Northern District of California directly addresses that question, and thus far, the answer seems to be “yes” if you are a…

Case: Doran v. 7-Eleven, Inc., No. 05-56439 (9th Cir. Nov. 9, 2007)

The One Sentence Summary: If an ADA plaintiff has encountered or has personal knowledge of at least one barrier affecting his or her disability and thereby has been deterred from attempting to gain access to a place of public accommodation, the plaintiff…

Case: Gentry v. Superior Court of Los Angeles Co. (Circuit City Stores, Inc.), No. S141502 (Cal. Aug. 30, 2007)

The One Sentence Summary: The California Supreme Court held that class arbitration waivers should not be enforced if a trial court determines that class arbitration would be a significantly more effective way of vindicating the rights…

Proposed Legislation: Senate Bill 1957, Design Piracy Prohibition Act

The One Sentence Summary: The proposed Design Piracy Prohibition Act would provide copyright protection to fashion designs, whereas existing law only protects fashion labels from being copied by counterfeit merchandisers.

Summary of Legislation:

  • Senate Bill 1957 would provide copyright protection to a “fashion design,” which is

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Case: Grocery Outlet Inc. v. Albertson’s Inc., No. 06-16380 (9th Cir. 8/9/07)

The One Sentence Summary: Ninth Circuit affirmed the district court’s granting of a preliminary injunction to Albertson’s, based on the possibility of irreparable injury and the strong likelihood of its prevailing on the merits despite competitor Grocery Outlet’s asserted defense of abandonment…

Case: Angelucci v. Century Supper Club, 41 Cal. 4th 160 (May 31, 2007)

The One Sentence Summary: The California Supreme Court held that a plaintiff is not required to allege that he or she requested equal treatment and the retailer refused in order to state a claim under the Unruh Civil Rights Act for

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Case: Abercrombie & Fitch Co. v. Moose Creek, Inc., No. 06-56774 (9th Cir. 5/22/07)

The One Sentence Summary: District court erred in denying Abercrombie & Fitch’s motion for a preliminary injunction against Moose Creek’s use of new marks by (1) misapplying the doctrine of judicial estoppel, and (2) erroneously concluding that the parties’ trademarks were…