Posts from February 2023.
NLRB Declares Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful

Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements.These agreements routinely contained a confidentiality provision that restrains former employees from disclosing the contents of the agreement to third parties other than (1) a spouse; (2) professional advisors for the purposes of obtaining legal counsel or tax advice; or (3) if legally compelled to do so by a court or administrative agency of competent jurisdiction.  These agreements also typically contained a ...

Arbitration Agreements Can Be A Condition of Employment Once Again

The saga of challenges to mandatory employment arbitration agreements is almost over. After three years of challenges, the United States Chamber of Commerce successfully appealed the enactment and enforcement of California’s Assembly Bill 51 (“AB 51”), which was originally intended to take effect on January 1, 2020. This piece of legislation would have banned the use of mandatory arbitration agreements as a condition of employment, and went so far as to include civil and criminal penalties on employers who violated the statute. 

After a federal district court granted a ...

Must A Receiver File An Inventory?

Q:   A few months ago I was appointed receiver over an operating business. A party is complaining that I have not filed an inventory of the assets of the business. My order of appointment says nothing about my having to file an inventory. The business has hundreds, if not thousands, of items of property (tools, desks, fork-lifts, supplies, etc.). Do I have to go to the trouble and cost of preparing and filing an inventory and, if so, how detailed must it be?

A:   Yes. You must prepare and file an inventory. The fact that the order of appointment does not specifically state that an inventory is ...

A Reminder: The IRS Mileage Rates Have Changed

The 2023 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased or remained unchanged from mid-year changes in 2022, when rates were last modified. Specifically, as of January 1, 2023, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) are:

  • 65.5 cents per mile driven for business use, up three cents from the rate for the latter half of 2022;
  • 22 cents per mile driven for medical, or moving purposes for active duty members of the Armed Forces, unchanged from the ...
Posted in Legal Bites
Ninth Circuit Revives Serial ADA Litigant’s Case

On January 23, 2023, a Ninth Circuit panel issued a 2-1 decision reversing a lower court’s dismissal of a serial ADA litigant’s complaint against a lobster shop in a shopping complex. The shopping complex had assigned the owner of the lobster shop a space in the parking lot, and the shop owner had placed a “Lobster Shop Parking Sign” near that space. Plaintiff Chris Langer filed a lawsuit based on the lack of accessible parking for the lobster shop.

Private ADA plaintiffs are limited to seeking injunctive relief and costs under Title III of the ADA, so a plaintiff must show a ...


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