Legal Affairs Overview

With legislative deadlock on tough issues being the norm, rather than the exception in recent years, it has become more important than ever to ensure that the business viewpoint receives a thorough airing when controversies end up in the courts.

The CalChamber Legal Affairs Department participates in major litigation that affects California employers. The CalChamber legal affairs unit files friend-of-the-court briefs on behalf of CalChamber members and key industries to emphasize the impact that judicial decisions would have on California’s economy. These briefs attempt to present courts with the broad impact that laws can have on the business climate. Since entering its first case in 1982, the CalChamber’s legal affairs program has grown steadily. Today, a full-time general counsel reviews and coordinates requests to file amicus curiae, further boosting the CalChamber profile in this area.

Major Victories

Over the years, the CalChamber has lent its voice to court cases related to the general conduct of business, employee relations, taxation, litigation reform and commercial free speech. The CalChamber’s logic prevailed in court decisions:

• Protecting employer free speech. The CalChamber successfully brought an action that went all the way to the U.S. Supreme Court challenging a state statute restricting the employer’s right to communicate with employees about unionization (Chamber of Commerce of the United States of America v. Brown). Read the story (6/20/08)
• Clarifying state law for employers. CalChamber presented to the California Supreme Court arguments supporting the court’s decision that supervisors cannot be held personally liable for personnel actions alleged to be motivated by a desire to retaliate against the employee under the Fair Employment and Housing Act (Jones v. The Lodge at Torrey Pines). Read the story (3/4/08)
• Protecting workers' compensation reforms:
  - The California Court of Appeal upheld limited use of the pre-reform permanent disability rating schedule, thereby preventing erosion of the CalChamber-supported cost-saving reforms of 2004. Read the story (8/1/07)
  - The California Supreme Court determined that in apportioning responsibility for a workers’ compensation permanent disability award, employers are responsible only for the percentage of an employee’s disability due to the current workplace injury for which the permanent disability award applies. Read the story (5/7/07)
  - The 1st District Court of Appeal published a decision establishing how to determine whether evidence in the case record supports the use of the permanent disability rating schedule adopted as part of the CalChamber-supported reforms. Read the story (1/25/07)
• Upholding the state high school exit exam as a tool to ensure high school students acquire basic skill in English and math. Read the story (8/15/06)
• Preserving the intent of the voters in enacting CalChamber-supported Proposition 64 to help curb frivolous lawsuits by requiring that all members of a class action lawsuit must have suffered actual injury in order to participate in the legal action. Read the story (7/17/06)
• Upholding the ability of California governments to complete public works projects efficiently by contracting with private sector companies to augment public sector capabilities. Read the story (4/13/07)

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