Articles Posted in California State Law

California and the federal government have reached an agreement whereby the state will halt plans to implement its new net neutrality law on January 1, and the Department of Justice will withdraw its motions seeking to block implementation until the conclusion of ongoing litigation regarding state net neutrality rules. 

In the wake of the FCC's efforts to undo net neutrality protections under the Trump administration, California recently passed a law implementing net neutrality rules that are even stronger than the Obama-era regulations that have been rolled back at the federal level. Governor Jerry Brown signed the new law on September 30, which represents the strongest set of net neutrality protections in the country. The Department of Justice immediately filed a lawsuit in federal court, stating that California's law constitutes an impermissible burden on the federal government's efforts to deregulate the internet.

A bill aimed to help employees who have experienced sexual harassment and discrimination on the job sue their employers in a court of law, rather than private arbitration, has been passed by the California Assembly.

California’s felony murder rule may soon be curtailed, if a bill in the state legislature gets approved.

On Friday, June 29, 2018, California Attorney General Xavier Becerra brought suit in California Superior Court for the County of San Francisco against student loan servicer Navient Corp. and two of its subsidiaries, Pioneer and General Revenue Corp.

Last Thursday California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 (CCPA), granting California consumers the right to request that businesses disclose the categories and specific pieces of personal information that they collect about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The law, which goes into effect January 1, 2020, also authorizes California consumers to opt out of the sale of personal information by a business and will prohibit the business from discriminating against the consumer for exercising this right, including by charging the consumer who opts out a different price or providing the consumer a different quality of goods or services, except if the difference is reasonably related to value provided by the consumer’s data. Moreover, the CCPA makes it more difficult for businesses to sell personal information for consumers less than 16 years of age.

Square, which owns meal delivery service Caviar, has reached a $2.2 million settlement with customers in a class action lawsuit claiming that the company collected gratuities from them when they placed food orders but didn't share the money with delivery drivers. Patrons who used Caviar between January 2012 and August 2015 are included in the class.

On Tuesday, May 15, 2018, Riverside County Superior Court Judge Daniel Ottolia issued an oral ruling holding that the California Legislature acted illegally in passing a law allowing terminally ill adults to be prescribed life-ending drugs if a doctor determined the patient has six months or less to live. The law allows medical professionals the right to refuse to prescribe and dispense life-ending drugs. Further, the terminally ill patient must be able to self administer the drug.