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Hanson Bridgett LLP | September 2022

Key Points AB 890 gave Nurse Practitioners who meet certain requirements authority to practice more independently. The bill created two categories of Nurse Practitioner—one that may perform delineated functions without the use of standardized procedures in certain clinical settings where physicians and surgeons practice and another that may perform these functions and more outside of such clinical settings ...

Hanson Bridgett LLP | September 2022

Governor Newsom has signed AB 21881 into law that will create anti-discrimination protections for individuals that use cannabis while off duty and away from the workplace, with exceptions for certain industries, such as building, construction and those subject to federal drug testing regulations ...

Hanson Bridgett LLP | September 2022

Key Points AB 2449 provides complex and restrictive alternative teleconference procedures: At least a quorum of the members of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local agency; A member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the legislative body; and A member may only teleconfere

Hanson Bridgett LLP | September 2022

Key Points A California Court of Appeal held that the State Water Board lacks authority under Water Code, § 1052(a) to curtail valid pre-1914 appropriative water rights holders from diverting water This decision tracks precedent concerning the Board’s very limited power to regulate pre-1914 water rights But the State Water Board might still regulate pre-1914 water rights under other authorities, including drought emergency regulations On September 12th, the Sixth District Co

Hanson Bridgett LLP | September 2022

The California Court of Appeal, First Appellate District, issued a decision on June 29, 2022, holding that internal investigation records of an elected peace officer do not constitute "personnel records" exempt from California Public Records Act (CPRA) requests. Background The CPRA provides a mechanism through which members of the public can access records in the possession of state and local agencies. It does not, however, provide an absolute right of access to all public records ...

Hanson Bridgett LLP | August 2022

The California Department of Housing and Community Development (HCD) has remained active in enforcing state housing laws through its Accountability and Enforcement unit. Notably, HCD has focused its attention on larger, coastal cities – most recently, the cities of San Diego and San Francisco ...

Hanson Bridgett LLP | August 2022

On August 11, 2022, the California Supreme Court issued its opinion in Zolly v. City of Oakland, holding that a group of property owners had pleaded sufficient facts to maintain a challenge to the City’s solid-waste franchise fee, under Article XIII C of the California Constitution, commonly called “Proposition 26 ...

Hanson Bridgett LLP | August 2022

On August 24, 2022, the IRS issued Notice 2022-36, 2021-15 I.R.B. 986, (the "Notice"), which grants significant penalty relief for taxpayers who failed to file certain tax or information returns for tax years 2019 and 2020. However taxpayers must file their missing returns on or before September 30, 2022, in order to obtain the penalty relief. This Notice presents a rare opportunity to taxpayers who have not filed the requisite returns to avoid onerous penalties ...

Hanson Bridgett LLP | August 2022

Tax treatment under Section 83 Internal Revenue Code (IRC) Section 83(a) states that if property is transferred to a person in connection with the performance of services, the fair market value of the property less the amount (if any) paid for such property is included in the taxpayer's gross income when the property becomes transferable or vests (i.e., no longer subject to a substantial risk of forfeiture) ...

Hanson Bridgett LLP | August 2022

This seminar included panel discussions with Labor attorneys covering federal and state case updates and new laws since January 2022. The introduction and "housekeeping" for the seminar can be viewed here.   Download the full PowerPoint presentation for all sessions »   Eyes Wide Shut: Seeing Past Unconscious Bias » Most people think that if they are smart or aware, they can avoid unconscious bias entirely—but this is the wrong approach ...

Hanson Bridgett LLP | July 2022

On June 28, 2022, California’s Fourth District Court of Appeal issued its decision in Simms v. Bear Valley Community Healthcare District (2022) __ Cal.Rptr.3d __, 2022 WL 2313164 (Simms), holding that a claimant petitioning for relief from California's Government Claims Act presentation requirement may assert actual and timely claim presentment, and is not required to simultaneously file suit alleging compliance with claim requirements to preserve the issue ...

Hanson Bridgett LLP | July 2022

A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...

Hanson Bridgett LLP | July 2022

Prior to the Tax Cuts and Jobs Act of 2017 (TCJA), taxpayers who itemized could annually deduct state and local taxes (SALT) paid on their personal federal tax returns. The TCJA added in IRC Section 164(b)(6), effectively placing a $10,000 cap on taxpayers' federal itemized SALT deductions.1 The cap on SALT deductions applies for tax years ending December 31, 2017 through December 31, 2025 ...

Hanson Bridgett LLP | June 2022

On June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), holding that California employers can compel employees to arbitrate their individual claims under California’s Private Attorneys General Act (PAGA). Plaintiff Moriana had signed an employment contract containing a mandatory agreement to arbitrate any dispute arising out of her employment with Viking ...

Hanson Bridgett LLP | June 2022

The U.S. EPA proposed a new rule under the Clean Water Act reversing the Trump Administration’s rule for water quality certifications under section 401 of the Act. Section 401 provides states and tribes with authority to protect waters within their jurisdiction from pollutant discharges originating from federally-licensed or -permitted projects ...

Hanson Bridgett LLP | May 2022

  Article PDF By David Longinotti and Candra Jackson   Practical Insights--> Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation. This risk is especially heightened when dealing with foreign counterparties given the legal and practical challenges of enforcing rights against them ...

Hanson Bridgett LLP | April 2022

After over two years of statewide eviction moratoria in the forms of executive orders, Judicial Council rules, and legislation, California's eviction moratorium was scheduled to come to an end on March 31, 2022. However, on March 31, 2022, Lt. Gov. Eleni Kounalakis, serving as acting governor while Governor Gavin Newsom was out of state, signed Assembly Bill 2179 into law, which took effect immediately ...

Hanson Bridgett LLP | March 2022

Key Points The U.S. Court of Appeals for the Ninth Circuit held that the City of Salinas's challenged zoning ordinance did not violate the "substantial burden" provision of the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") but that it did violate the "equal terms" provision ...

Hanson Bridgett LLP | March 2022

On February 28, 2022, the California Department of Public Health (CDPH) issued new guidance on the state's masking requirements to combat the COVID-19 pandemic. The key changes in the guidance show a post-Omicron variant and surge shift from mandatory masking, to a strong recommendation to mask in certain settings ...

Hanson Bridgett LLP | February 2022

Effective Today, the California Department of Public Health (CDPH) will no longer require vaccinated individuals to wear masks in all indoor public settings under its updated Guidance for the Use of Face Masks (Updated Guidance). This effectively lifts the indoor mask mandate in most California counties, both where local officials have aligned with CDPH Guidance, and where officials never issued their own local mask mandate ...

Hanson Bridgett LLP | February 2022

On November 5, 2021, CMS published an interim final rule regarding vaccination requirements for staff working for Medicare and/or Medicaid certified Skilled Nursing Facilities ("SNFs"). On December 28, 2021, CMS issued QSO 22-07-ALL covering the guidance and survey process related to these new regulatory requirements.  This QSO is specifically applicable to California ...

Hanson Bridgett LLP | February 2022

Key Points Employees again are entitled to up to 80 hours of employer-paid sick leave for COVID-related absences through September 30, 2022, retroactive from January 1, 2022 Vaccine related absences are now covered absences for entitlement to paid sick leave In certain instances, employers may require employees to provide documentation of COVID test results for themselves or family members in order to receive the paid sick leave On February 9, 2022, Governor Newsom signed Senat

Hanson Bridgett LLP | February 2022

Key Points SB 343 regulates use of “chasing arrows” recycling symbol; AB 1201 extends composting regulations to all products including home compostable claims. Food manufacturers face public and private enforcement risks. SB 343 – Truth in Labeling for Recyclable Materials SB 343 amends existing law that makes it unlawful to use any misleading environmental marketing claims on product packaging. Specifically, SB 343 amends Public Resources Code Section 42355 ...

Hanson Bridgett LLP | February 2022

A recent IRS concession bodes well for how the tax treatment of proof of stake validators may develop through case law. On December 20, 2021, the IRS offered a full refund to the plaintiffs in Jarrett et al v. United States for taxes paid on tokens created through proof of stake on the Tezos blockchain in 2019. In a statement released February 3, 2022, Joshua Jarrett confirmed the decision to seek an IRS ruling in the cryptocurrency case, rather than accept the tax refund ...

Hanson Bridgett LLP | February 2022

Key Points As of January 2022, CMS is posting each skilled nursing home's weekend staffing levels and staff turnover rates on its public-facing Care Compare website. This information will be used in the Nursing Home Five Star Quality Rating System and will affect facilities' Five Star ratings starting in July 2022 ...

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