Latest from CEB

First there was the publication in 2016 of Meghann Foye’s novel “Meternity” about a woman who fakes a pregnancy to get time off from work. Then came the backlash. The problem for many people was her linkage of the desire for an extended (and presumably restful) leave from work with maternity leave, which is anything but restful. The response was such that Foye felt compelled to write a follow-up piece in the New York Post in which she explained that her novel was meant to be a “lighthearted read” and that she has “great respect for moms and…
While racial covenants prohibiting the sale or occupancy of homes by non-whites have been void and unenforceable for decades under both state and federal laws, deed restrictions that evidence the history of race discrimination in housing remain on record for a countless number of homes throughout the state and country. For example, a deed restriction recorded on a home originally built in 1943 and recently sold in Marin County reads as follows: Said premises shall not, nor shall any part thereof nor any estate or interest therein, or any structure, building or improvement thereon, at any time to be sold,…
Lasya, a recent graduate of the UC Berkeley School of Law, is careful to emphasize that she’s relatively fortunate. She’s been gainfully employed throughout the pandemic, making just over $200,000 a year at a BigLaw firm in the San Francisco Bay Area. And when she was in law school, her parents were able to cover those three years of living expenses. (Her name has been changed in this story to protect her privacy.) Despite these advantages, Lasya still had to take out loans to cover her law school tuition and fees, which for an in-state Berkeley Law student currently costs…
In a pandemic world with so many of our everyday rights and freedoms upended, one of the few things many people still take for granted is their name. The core label that defines us is one of the last things most of us would ever think about losing. But at the end of life for trans seniors in need of nursing home care, the battle to hold onto their identity is not so simple. Recently, it’s become the subject of a debate in the court system over how they are identified in nursing homes across the state. Last month, the…
In light of the spread of the highly contagious Delta variant, many employers have recently made the decision to mandate COVID-19 vaccines for their employees. Disney, Uber, Microsoft, and Walmart are some of the larger employers that are requiring all or some of their employees to be vaccinated in order to return to the workplace. Federal and California law make it clear that employers can mandate employees to be vaccinated. California’s Department of Fair Employment and Housing (DFEH) issued guidance that permits California employers to require employees to be vaccinated. Under California’s Fair Employment and Housing Act (FEHA), an employer…
The Domestic Violence Prevention Act (Fam. Code, §§ 6200-6409) authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. “Disturbing the peace of the other party” is broadly defined as “conduct that destroys the mental or emotional calm of the other party.”In 2020, this definition was expanded to included “coercive control,” recognized as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty and includes, among other things, unreasonably isolating a victim from friends,…
President Biden recently marked the 31st anniversary of the Americans With Disabilities Act (ADA) by announcing that the Department of Health and Human Services and the Department of Justice have issued a joint memo setting forth new guidance on “Long COVID” as a disability under the ADA.Since the beginning of the COVID-19 pandemic, it has been a relatively uncontroversial proposition that individuals suffering from the acute effects of the virus could qualify as disabled under the ADA. Somewhat more controversial, however, has been the issue of whether so-called “long haulers” could also be considered disabled under the ADA. These are…
In the world of American alcohol and beverage regulation, as of the spring of 2020, Carrie Bonnington had seen it all. The Sacramento-based partner at Pillsbury leads that law firm’s wine, beer, and spirits practice, advising alcohol manufacturers, distributors, and retailers across the United States. She was appointed to the executive committee of the National Conference of State Liquor Administrators in 2019, and she’s taught a class in wine law at the UC Berkeley School of Law. But when the COVID-19 pandemic started to upend how her clients did business, something happened that she’d thought she’d never see in California.…
In workers’ compensation cases, the amount of an injured employee’s temporary disability payments are calculated based on the employee’s average weekly earnings (AWE). When an employee is temporarily totally disabled, payments are calculated at two-thirds of the employee’s AWE during the period of disability. (Lab. Code, § 4653.) When an employee is temporarily partially disabled, payments are calculated at two-thirds of the employee’s “weekly loss in wages” during the period of disability (Lab. Code, § 4654), and the weekly loss in wages is defined, in turn, as the difference between the worker’s AWE and the weekly amount that the injured…
With the lifting of most COVID-19 restrictions, California now starts on a path of “return to normal.” However, without a doubt, our “new” normal will not exactly match the old. The pandemic proved the viability of the remote workforce for many industries, with VPNs, phone forwarding, and videoconferencing replacing the traditional office environment. For the estate planner, virtual client meetings became not just a business strategy but a survival necessity. Post-COVID, such practices are likely to continue, not only for cost reduction but also to increase a geographical reach and allow client retention in an increasingly mobile world. And virtual…