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News and EventsRead below for upcoming employment law seminars and recently published articles on a variety of legal topics. Hint: If you are searching for a particular topic, try using Control-F to search for the term. UPCOMING SEMINARSWorkplace Investigations December 12, 2008 Location: Sheraton Suites, San Diego Time: 8:30-4:30 Continuing Education Credit Available Workplace investigations present both opportunity and peril. Properly conducted, investigations identify and remediate personnel conflicts and potential legal liability. But the unschooled investigator can exacerbate employer liability. This seminar arms you with essential strategies and skills needed to protect the employer. It presents a unique combination of industrial psychology, HR best practices and legal risk management. Whether you are new to the field or have years of experience, you'll walk away with the ability to confidently handle every challenge you face. Topics Include: Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com. California Leaves of Absence Date: November 13, 2008 Time: 8:30 a.m. to 4:30 p.m. Location: The Handlery Hotel and Resort, 950 Hotel Circle North San Diego, California Topics Include: Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com. Americans with Disabilities Act |
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| September 2008 Update FAMILY MEDICAL LEAVE UPDATE: Hospital Visit Should Have Alerted Employer To CFRA Coverage. California employers covered by the California Family Rights Act (“CFRA”) must promptly respond to employee requests for leave. But what happens when the qualified employee never actually requests leave? A recent California appellate court decision, Avila v. Continental Airlines, says that the employer may still need to grant CFRA protections if the employee provides mere hints of CFRA coverage. BENEFITS UPDATE: Sick Pay To Remain A Benefit, Not Entitlement---For Now. Is sick pay an employee entitlement or a benefit? In California, AB 2716, a bill seeking to make sick pay an entitlement that all employers must provide has died in the Senate. But it will be back. DISABILITY DISCRIMINATION UPDATE: Cal Supreme Court Lets Stand A Key Disability Ruling. The California Supreme Court denied a petition for review in a case titled Arteaga v. Brink’s Incorporated, letting stand an appellate court ruling that circumscribed the definition of “disability” under California law. EMPLOYEE AGREEMENTS UPDATE: Common Non-Competition Agreement Provision Now Invalid. A recent California Supreme Court case, Edwards v. Arthur Anderson, has eliminated one common term of noncompetition agreements. What protections does an employer still have? CIVIL RIGHTS UPDATE: Religious Beliefs No Defense To Unruh Act Discrimination Claims. The California Supreme Court recently addressed the issue of employee religious beliefs vs. customer civil rights in a San Diego case titled North Coast Women’s Care Group, Inc. v. Superior Court. IMMIGRATION LAW UPDATE: ICE Continues Enforcement Trend With Largest Raid Ever. Federal immigration authorities conducted the largest single-workplace immigration raid in U.S. history on August 25, 2008. Will the employer’s management face criminal charges? WAGE AND HOUR LAW UPDATE: New Law Modifies Temporary Agency Employee Paydays; Companies Hiring Temps Should Confirm Compliance. SB 940, effective January 1, 2009, allows staffing agencies to pay temporary employees on regular paydays, rather than at the conclusion of each assignment. A USERRA UPDATE: Arbitration Agreement Covers USERRA Claim; Will California Courts Follow? In a federal Sixth District case, Landis v. Pinnacle Eye Care, the court determined that USERRA claims are subject to employee arbitration agreements. Will California follow this rule? To download the Legal Update in PDF format, click below: |
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| Legal_Update_September_2008.pdf | |||
| August 2008 Legal Update WAGE AND HOUR UPDATE: California Appellate Court Fixes Meal and Rest Period Rules But Employers Might Wait To Change HR Practices. In California, what is the employer’s obligation with respect to employee meal and rest periods? Must an employer force its employees to take these breaks, or is it enough to make them available for employees who are interested in taking them? A San Diego case titled Brinker v. Superior Court has given an answer that favors employers. But employers may not want to change personnel practices too soon. LABOR LAW UPDATE: Cal Labor Commissioner Cites Company For Not Providing Lactation Accommodation To Employee In 2002, the California legislature amended the Labor Code to mandate that employers provide “lactation accommodation.” Yes, we regulate everything here in the Golden State. In the six years following enactment of the law, no known enforcement actions had been initiated. Hopefully the reason is because employers have been complying with the law. However, the Labor Commissioner recently cited a California employer. Read the full article for details. LABOR LAW UPDATE Department of Labor Opinion Examines Uniform Rules, Determines Whether Restaurant Must Pay For Shoes. The Department of Labor has released a new opinion letter in which it examines a company policy specifying employee shoes. The questions posed are: (1) Are the shoes part of a uniform, such that the employer must pay for them? (2) May the employer arrange for the purchase of the shoes and deduct the cost from the employee’s pay? Read the article for the answers. FMLA UPDATE: Handbook Language May Create FMLA Obligations For Ineligible Employees. What does your employee handbook say about leaves of absence? If it erroneously promises FMLA rights, the company may be bound to extend those rights to employees, even if the company is not covered or the employee is not eligible. A federal Seventh Circuit court in Indiana recently came to this conclusion in a case titled Peters v. Gilead Sciences, Inc. PAYROLL UPDATE: DLSE OK’s Payment Of Wages By Debit Cards And Money Checks California’s labor enforcement agency, the DLSE, has approved the use of debit cards and money checks for payment of wages. ENFORCEMENT UPDATE: Wage and Hour Division Criticized. The U.S. Department of Labor’s Wage and Hour Division has failed to effectively enforce federal wage laws, according to a Government Accountability Office report issued on July 15th, 2008. DISCRIMINATION LAW UPDATE: EEOC Publishes Guidelines on Accommodation of Religion In Workplace. The EEOC recently published updated guidelines and fact sheets regarding religious discrimination in the workplace and the employer’s obligation to provide reasonable accommodation. To download the Legal Update in PDF format, click below: |
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| Legal_Update_August_2008.pdf | |||
| July 2008 Legal Update Wage & Hour Update: Employer Wins Holiday Pay Lawsuit. Some employers provide premium pay to employees who work on holidays. Where employees earning holiday pay work overtime, what are the overtime rules? A California appellate court case titled Roman v. Advanced-Tech Security Services, Inc. answered that question. Click here for the article: California Holiday Pay Rules. Workers’ Compensation Update: Employer’s Right To Limit Chiropractic Treatments. Labor Code section 4604.5(d) limits injured workers to 25 chiropractic visits unless the employer approves more. A California appellate court recently upheld the constitutionality of this limitation. Click here for the article: Workers’ Comp Chiropractic Treatment. Discrimination Update: New DFEH Director Aims to Reinvigorate Department. California’s civil rights agency, the Department of Fair Employment and Housing, has announced an ambitious three year plan to step up enforcement of the state’s antidiscrimination laws. Click here for the article: DFEH Enforcement Plan. Sexual Harassment Update: Requests For Coffee Prompts Female Employee To Sue For Sexual Harassment. Under Title VII of the Civil Rights Act of 1964, sexual harassment need not involve sexual conduct. It could involve hostile treatment of an employee because of gender. Does a manager cross the line where he requires a female subordinate to serve him coffee? Click here for the article: Sexual Harassment Update. Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy. Employees may have a reasonable expectation of privacy in the workplace. Although company privacy policies may put employees on alert that communications are subject to monitoring, operational realities may negate those policies. Click here for the article: Text Message Privacy. Employment Policies Update: Employers Urged To Update Cell Phone Policies. California’s new hands free cell phone law has been much publicized. Employers should consider implementing policies and update employee handbooks to cover the use of cell phones while driving. Click here for the article: Cell Phone Policy. FMLA Compliance Review: Employer’s Written Response To Leave Request. When an employee covered by FMLA or CFRA requests leave, the employer should provide a written response. The U.S. DOL provides a form which can be used or adapted by the employer. Click here for the article: FMLA Employer Response Form. Click here to download the entire newsletter in PDF format: |
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| Legal_Update_July_2008.pdf | |||
| June 2008 Legal Update Disability Law Update: Armored Truck Company Has Ironclad Defense To Disability Lawsuit Employers frequently experience the following scenario: Employee is suspected of wrongdoing. Employer investigates and decides to terminate Employee. At the eleventh hour, before he is fired, he claims that he is injured and disabled. He files a workers’ compensation claim. Employer wants to fire Employee, but is concerned about the appearance of discrimination and retaliation. Has the employee trapped the employer? A California appellate court, in a case titled Arteage vs. Brink’s Incorporated, grappled with this question. Click here for the full story: Disability Law Update Labor Enforcement Update: DIR Targets Workers’ Compensation Violations The California Department of Industrial Relations has announced an intent to step up enforcement against employers for workers’ compensation violations. Companies using independent contractors might be included as targets. Click here for the full story: Labor Enforcement Update Construction Law Update: Legislature May Modify Mechanic’s Liens The California legislature is considering a bill, Senate Bill 1691 that would dramatically impact subcontractors and suppliers. The impact would require these potential mechanic's lien claimants to take more care and to monitor events at the jobsite more closely than is currently required. There would also be changes to the current laws that would swing the pendulum closer to owners. Click here for the full story: Construction Law Update Discrimination Law Update: Tortilla Maker Accused of Religious Discrimination A group of Muslim workers allege they were fired by a tortilla factory for refusing to wear uniforms that they say were immodest by Islamic standards. Employers are reminded, by this example, of their obligation to reasonably accommodate religious beliefs and practices. Click here for the full story: Religious Discrimination Law Update Labor Law Update: DOL Releases New Online Legal Assistance Program The Department of Labor issued the press release below concerning a new online tool that may be useful to determine which federal laws apply to the employer. Click here for the full story: Labor Law Update Discrimination Law Update: New Federal Genetic Information Non-Discrimination Act In May President Bush signed The Genetic Information Nondiscrimination Act of 2008 ("GINA") into law. The law prohibits employers from making employment decisions based on genetic information, and also regulates how employers handle such information. Click here for the full story: Genetic Information Non-Discrimination Act California and Federal Law Regarding Teenage Employment During The Summer As the school year ends in a few days, teenagers are looking for summer jobs. Make sure you are aware of state and federal laws regulating the employment of minors. Click here for an overview of the laws: Child Labor Laws Download Entire Legal Update in PDF format: |
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| Legal_Update_June_2008.pdf | |||
| MAY 2008 UPDATE Employee Leaves of Absence Update: California Supreme Court Rules That Third Medical Opinion Is Optional But Should Employers Take the Shortcut? In the case Loniki v. Sutter Home Health Care, the California Supreme Court has answered the following question: Does an employer’s failure to invoke the CFRA’s dispute-resolution mechanism of having a health care provider jointly chosen by the parties determine the employee’s entitlement to medical leave bar the employer from later claiming that the employee did not suffer from a serious health condition and was capable of performing her job? Click here: Employee Leaves of Absence Update. Wage and Hour Update: Are You Personally Liable For Labor Code Violations? Appellate Court Limits Personal Liability The California Labor Code gives employees the right to sue their employers for overtime, minimum wage violations, missed meal periods, and more. Are individual corporate owners, officers and managers personally liable for violations? The court in Bradstreet v. Wong has eliminated one such avenue of personal liability--but do other avenues remain open? Click here: Wage and Hour Update. Benefits Update: Will Sick Leave Become Mandatory In California? Employers in California are not obligated to offer sick pay to employees. The benefit is entirely optional—for now. Some politicians in Sacramento aim to make sick pay benefits mandatory with AB 2716. Click here: Employee Benefits Update. Employment Agreement Update: At Will Agreement Defeats Termination Claim In a case titled Bernard v. State Farm, a California court considered whether an internal review process defeated a company's at will policy. Click here: Employment Agreement Update. Enforcement Update: California DLSE Continues Industry Sweeps, Several Hundred Thousand Dollars In Fines Assessed The California Division of Labor Standards Enforcement (“DLSE”) and other government agencies have continued the practice of targeting specific industries with surprise audit sweeps. Recently it has raided local restaurants and auto body shops, but other industries are on its hit list. Click here: Enforcement Update. Employee Leaves of Absence Update, Part 2 Second Part Time Job Does Not Preclude Leave Rights In Lonicki v. Sutter Health Central, reported in Section 1 of this issue, the California Supreme Court examined a second question regarding CFRA leaves of absence. Can an employer deny leave to an employee who is perfectly capable of working a second job? Click here: Leaves of Absence Update. Download the entire Update in pdf format: |
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| Legal_Update_May_2008.pdf | |||
| APRIL 2008 UPDATE Cal Supreme Court: Supervisors Not Personally Liable for Retaliation Under FEHA The California Supreme Court handed a major victory to employers in a case titled Jones v. The Lodge at Torrey Pines. The court issued a ruling on the long debated issue of whether supervisors are individually liable for retaliation under California's Fair Employment and Housing Act (FEHA). Click here: Retaliation Liability. Wage and Hour Update: Court Serves a Bitter Brew to Coffee Chain A local San Diego court has ruled in favor of employees in a case involving tip pooling rules. What are the rules in California concerning employee tips? Click here: Wage and Hour Update. EEOC Update: Job Bias Statistics Released The EEOC has released discrimination statistics for 2007. What are the notable trends in discrimination claim filings? Click here: EEOC Update. Litigation Update: Attorney Fee Awards Favor Employers In employment law cases, attorney fee awards often add insult to injury for employers. But once and a while, the employer avoids fees or even is awarded fees against the employee. Read about two such recent cases. Click here: Litigation Update. Employee Privacy Update: Pre-Employment Drug Test Deemed Unconsitutional The Ninth Circuit has ruled that a municipality's pre-employment drug test was unconstitutional in Lanier v. City of Woodside. Is California private sector drug testing in jeopardy? Click here: Employee Privacy Update. Wage and Hour Update: Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Click here: Wage and Hour Update. Compliance Review: Employee Computer Use Policies Check your policy for compliance and recommended provisions. Click here: Employee Policy Compliance Review. Unemployment Benefits Update: Part-Time Workers When part-time employees apply for unemployment benefits, the employer may request a part-time ruling. Click here: Unemployment Benefits Update. Download entire Legal Update in PDF format: |
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| Legal_Update_April_2008.pdf | |||
| LEGAL UPDATE MARCH 2008 FMLA Amended The FMLA has been amended to include military family leave of up to 26 weeks. Click here: FMLA Update. Sexual Harassment Update In a recent unpublished California appellate court case, Orlando v. Alarm One, Inc., the court examined this question: is spanking employees sexual harassment? The answer has implications of general application, so read on even if you work in a spank-free environment. Click here: Sexual Harassment Update. Arbitration Update Certain state laws require that some employment disputes must be brought in a judicial or administrative forum. What happens when the employer and employee have signed an arbitration agreement stating that disputes must instead be heard before an arbitrator? A recent U.S. Supreme Court decision, Preston v. Ferrer, held that the Federal Arbitration Act preempts state law. Click here: Arbitration Update. Wage and Hour Update Do you know which wage order applies to your company? If not, find out now. In California, wage orders are wage and hour regulations imposed by the California Industrial Welfare Commission (IWC). Read an FAQ to determine if your company is in compliance. Click here: Wage and Hour Update. Immigration Update The federal governmant has dramatically increased civil fines against employers for immigration violations. Click here: Immigration Update. Payroll Law Update Labor Code Section 212 contains particular--and peculiar--rules regarding paychecks. Find out how paychecks drawn on an out-of-state bank may violate the code. Click here: Payroll Law Update. Download the entire Legal Update in PDF format: |
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| Legal_Update_March_2008.pdf | |||
| LEGAL UPDATE FEBRUARY 2008 Workplace Romance As Valentines Day approaches, some of your employees are getting into a romantic mood—perhaps with their co-workers. Your killjoy lawyer asks and answers a question: Should an employer be concerned about workplace romances? Click here: Workplace Romance. Voting Time Off The California presidential primary elections are fast approaching on February 5, 2008. California law requires employers, in limited circumstances, to allow employees time off to vote. Learn the rules and make sure that you are complying with the posting requirements. Click here: Voting Time Off. Cal Supremes “Weed” Out Medical Marijuana Ross v. Ragingwire. California voters legalized the use of medical marijuana in 1996. Does that mean employers must hire pot smokers who claim that they are protected by disability discrimination laws? Click here: Medical Marijuana. FMLA Update: Employer’s Defense to Reinstatement Fails When an employee covered by the FMLA or CFRA returns from a protected leave, she is ordinarily entitled to reinstatement to the same or equivalent position. What if the employee’s position is eliminated during the leave? Click here: FMLA Reinstatement. USERRA Update: Release Agreement Impossible In California Perez v. Uline, Inc. A California court rules that employer cannot enforce a severance agreement waiving the employee’s right to sue over USERRA violations. Click here: USERRA Release. Arbitration: The Devil Is In The Details Mitri v. Arnel Management Co. A California court has refused to enforce an employer’s arbitration policy described in the employee handbook in the absence of a signed employee acknowledgement of the arbitration agreement. Click here: Employee Arbitration Agreements. Denial of Unemployment Benefits for Making Unjustified Complaints Where an employee is terminated for excessive griping about working conditions, hours, wages, co-workers, supervision, or any one of a variety of things, may the employee be disqualified for unemployment benefits for willful misconduct? Download Legal Update in PDF format: |
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| Legal_Update_February_2008.pdf | |||
| LEGAL UPDATE JANUARY 2008 As we all compose New Year’s resolutions for 2008, the attorneys at Barker Olmsted & Barnier propose adding one more for the employers among you: don’t get sued! How? Well, for starters, keep up to date on developments in labor and employment law. This edition of our Legal Update brings you up to speed. New Laws In Effect For 2008 We report on the new laws in effect for 2008 affecting employers. There are new notice requirements, higher—and lower—wage rates, new leave of absence rights, and more. (By the way: more significant are the bills that did not become law. Governor Schwarzenegger vetoed a slew of laws that would have made employers cringe.) Click here: New Employment Laws 2008. 2007 California Supreme Court Labor and Employment Law Cases We also look back on 2007 and review significant court decisions that will affect the way you interact with your employers. Wage and hour law looms large. Click here: California Supreme Court Employment Law Cases for the article. Resolve To Perfect Your Estate Plan And, on a personal level, we encourage you to resolve to review your estate planning status. Need encouragement? Here's some: we'll offer to review your current estate plan free of charge, to let you know if it needs refining or revisions. Estate Plans. We will endeavor to keep you updated in 2008 through this publication, educational seminars, and one-on-one consultation. Please let us know if you have any particular issues of concern. Have a happy and prosperous 2008! Download entire Legal Update: |
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| Legal_Update_January_2008.pdf | |||
| Legal Update December 2007 Wage and Hour Update: Cal Supremes Permit Payment of Expenses By Enhanced Compensation. The California Supreme Court recently ruled in a case titled Gattuso v. Harte-Hanks that employers may reimburse employees for expenses by a “lump sum” method instead of by an actual-expenses-incurred method. However, practical application of the new rule may be challenging. Click here: Employee Expenses. Will California Go To Pot? Can an employer fire an employee who purports to smoke marijuana for medical reasons? The California Supreme Court recently heard oral arguments in a case that will answer this question. Read about the Chief Justice’s telling observation and see if you can predict whether California employees will soon be lighting up. Click here: Medical Marijuana. New Form I-9 Effective Immediately The U.S. Government has published a new Form I-9, which all employers must begin using immediately. Download the form for free, and review FAQ regarding its use. Click here: Form I-9. FMLA Update: Constructive Notice of Need For Leave Where an employee requests a leave of absence because of a serious health condition, the employer’s obligations under FMLA and California’s CFRA are fairly straightforward. But does the employer have FMLA/CFRA obligations when an absent employee never specifically asks for leave? The answer, in some circumstances, may be “yes.” Find out when. Click here: FMLA Notice. USERRA Update A Senate Committee is investigating after the Department of Defense released startling data regarding the prevalence of USERRA violations. Find out what the data tells us. Also, we offer a free form relating to California’s new military spouse leave. Click here: USERRA Violations. Holiday Parties – Eat, Drink, Be Merry, But Avoid Lawsuits! It is time to celebrate, but make sure you follow a few tips to avoid spoiling the party with legal violations. Click here: Liability for Company Parties. Top Ten Mechanic’s Lien Misconceptions Construction attorney David Barnier offers practical advice to construction contractors on how to best protect their important lien rights. Click here: Mechanic's Lien Barker Olmsted & Barnier APLC Pro Bono Legal Aid for Fire Victims We offer pro bono legal help for fire victims. Email Chris Olmsted at cwo@barkerolmsted.com Click the link below to download the entire Legal Update in pdf format. |
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| Legal_Update_December_2007.pdf | |||
| PLUS - Professional Liability Underwriter Society Article December 2007 EPLI ALERT: NINTH CIRCUIT RULING MAY SPUR INCREASE IN MENTAL DISABILITY DISCRIMINATION CLAIMS A recent holding by the United States Court of Appeals for the Ninth Circuit protects workplace misconduct resulting from a disability, expanding the potential for employer liability under the Americans with Disabilities Act (“ADA”) and state laws such as the California Fair Employment and Housing Act (“FEHA.”) By Christopher W. Olmsted. Click here for article in PDF format: |
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| PLUS_Article.pdf | |||
| New Leave Rights for California Military Spouses Below is a PDF of the text for AB 392, enacted into law in October 2007. The text is two pages in length--not too daunting. For more informtion on the new leave rights, see page one of our Legal Update for November 2007. |
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| AB_392_Military_Spouse_Leave_Text.pdf | |||
| LEGAL UPDATE November 2007 California Creates New Leave Rights for Military Spouses Governor Schwarzenegger signed AB 392 into law, providing protected leave of absence rights to certain employees whose spouse is on leave from military deployment. This article provides summary of the new leave law provisions. We also offer the text of the new law and will offer an HR checklist and an employee leave request form to qualified Legal Update subscribers. Announcing Barker Olmsted & Barnier APLC Effective November 1, 2007, our firm name will change to Barker Olmsted & Barnier, APLC. The change follows the addition of David Barnier as a shareholder of the law firm. No Match is No Go The AFL-CIO has foiled the U.S. government’s attempt to implement a rule requiring employers to terminate employees unable to provide legitimate social security numbers. Read what's in store for the No Match rules. Sexual Harassment Update: Crew Lead Worker May Be Deemed “Supervisor” In the recent case Almanza v. Wal-Mart Stores, Inc., a court has ruled that even crew lead workers may be deemed “supervisors.” Learn what factors went into the determination. Thanksgiving Comes Early For California Employers: Schwarzenegger Vetoes Several Labor Law Bills This article summarizes the vetoed bills (just so you know what to be thankful for) and also highlights the few employment law bills that the governor signed. Waive Goodbye to Class Action Waivers A recent California appellate court decision follows Gentry and validates doomsayers predicting the death of class action waivers. Barker Olmsted & Barnier APLC Offers Pro Bono Aid To Fire Victims We offer free legal assistance for fire victims. Upcoming Seminars Leaves of Absence Seminar has been rescheduled to November 14, 2007. View the Update in PDF Format: |
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| Legal_Update_November_2007.pdf | |||
| LEGAL UPDATE October 2007 Misbehaving Employees May Be Protected by ADA and FEHA. Is all employee misconduct subject to discipline? Maybe not, if a disability caused the misconduct. Learn about recent federal cases applying ADA accommodation rules. Workplace No Haven For Criminal Employee. Can an employer consent to a warrantless search and seizure of evidence in a criminal employee’s workspace? Find out how a California appellate court has addressed this thorny issue. Court Postpones Federal No-Match Rule. Hit the pause button on our headliner last month—the federal no-match rule is under court review. Why Go To The Trouble Of Setting Up A Living Trust? There are many good reasons for estate planning, and there’s no better time than the present. Reminder Regarding New Social Security Number Rule. Are you ready to implement the new rule effective January 1, 2008? California Legislature Sends New Employment Laws To Governor. Our politicians in Sacramento have been hard at work drafting new employment laws—will our governor spare California employers? Upcoming Seminars Last chance to register! California and federal law grant employees a multitude of leave rights. Our day-long seminar on October 25th will give you the tools to tackle them all. View the Update in PDF Format: |
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| Legal_Update_October_2007.pdf | |||
| LEGAL UPDATE September 2007 No Match: No Job—DHS Issues New Employer Rules New federal rules for SSN no-match letters require employers to act promptly—or risk penalties. Immigration: I-9 Form Changes On The Way The list of acceptable documents authorizing employees to work in the U.S. may soon change. Recordkeeping: In The Home Stretch For The New EEO-1 Form Deadline Employers are running out of time to comply with EEO-1 requirements. Appellate Court PAGA Decision Facilitates Employee Lawsuits An appellate court has made it easier for employees to proceed under the so-called “Sue Your Boss” law. DLSE Files Spate Of Lawsuits Against San Diego Companies Local employers are alleged to have violated the Labor Code. Cal Supreme Court Sets High Standard For Enforcement Of Class Action Waivers A long-awaited ruling regarding class action waivers may cause employers to redraft their arbitration agreements. California Employers Win With New Disability Law Ruling The Supreme Court decides, in cases involving disability discrimination, whether employees or employers carry the burden of proof regarding the ability to perform job duties. Supreme Court Upholds Group Profit Sharing Incentive Plan A grocery store chain has the proper formula for awarding incentive pay to select employees. Upcoming Seminars California and federal law grant employees a multitude of leave rights. Our day-long seminar in October will give you the tools to tackle them all. Also, this month come learn how to deal with weird behavior in the workplace. View the Update in PDF Format: |
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| Legal_Update_September_2007_s.pdf | |||
| LEGAL UPDATE August 2007 National Drug Abuse Survey Gives Sobering News to Employers. A new study by the Substance Abuse and Mental Health Services Administration (SAMHSA) reveals that workplace drug abuse is more extensive than you may think. Employers should evaluate whether to institute drug testing policies. Accommodation of Employees in Alcohol or Drug Rehabilitation Programs. The Labor Code requires some California employers to accommodate employees in drug rehab—is your company a covered entity? “Forced to Forgo” Standard for Meal Periods Adopted. Following on the heals of the California Supreme Court’s recent decision regarding meal period penalties, one federal district court’s against-the-tide decision helps one employer escape liability. Married Couples: Do You Have an Outdated Bypass Trust? As estate planning law has evolved, your estate plan may now be a dinosaur. Find out how to check your plan. Court Invalidates No-Hire Provision. A service provider’s attempt to prevent a client from hiring it technician falls afoul of California public policy voiding restraints on the right to work. Mechanic’s Lien Refresher Course There are strict rules for contractors seeking to secure their payment rights—see if you know your deadlines. Managing Unemployment Claims A recent EDD publication offers a few tips. October 2007 Leaves of Absence Seminar – Sign Up!! California and federal law grant employees a multitude of leave rights. This day-long seminar will give you the tools to tackle them all. View the Update in PDF Format: |
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| Legal_Update_August_2007.pdf | |||
| U.S. DEPARTMENT OF LABOR FMLA REPORT Frustrated with FMLA? You are not alone. On June 28, 2007 the DOL issued a report summarizing over 15,000 comments made by members of the public. Both the Executive Summary and full report are fascinating reading for employers concerned about the serious shortcomings of the federal FMLA regulations. Link to Full Report Click below for the Executive Summary. |
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| ExecutiveSummary_FMLA_report.pdf | |||
| LEGAL UPDATE July 2007 Well-Documented Misconduct Investigation Helps Defeat Discrimination Lawsuit. Some employees terminated for cause will claim that the employer devised trumped up charges as a means to discriminate. Find out how one employer defeated the claim. Tax Break for Emotional Distress Damages May Reduce Employment Case Settlements. Tax liability has a big impact on employment litigation. Learn about a recent case development that may affect settlements. Federal Minimum Wage Increase. Here’s one increase that you may not have to worry about. Maximizing the Effectiveness of Business Form Contracts. The small print does matter. How to use contract forms more effectively. Coffee Shop Chain Settles EEOC’s Failure to Accommodate Suit. EEOC claims victory in a case involving a bipolar barista. Federal Survey of FMLA Reveals Widespread Employer Frustration. Got the FMLA blues? You are not alone. Find out what 15,000 survey respondents had to say. Employment Law Reference Materials Available. Ask for our complimentary employment law reference materials. July 2007 Employment Law Seminars – Sign Up!! July 12th: California Wage and Hour Law Part I (breakfast presentation) July 26th: California Wage and Hour Law Part II (lunch presentation) July 19th: Employee Retention Strategies View the Update in PDF Format: |
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| Legal_Update_July_07.pdf | |||
| LEGAL UPDATE June 2007 Inside this Issue: Failure to Provide Notice of Leave Rights Leads to Wrongful Termination Lawsuit FMLA and CFRA contain particular notice obligations--avoid the risk of litigation by carefully complying with the regulations. Deductions from Bonus Payments Do Not Negate Exempt Status A Department of Labor Opinion Letter permits deductions from salaried employees' bonuses under certain circumstances. California Legislature May Soon Add Familial Status to FEHA Expect an increase in lawsuits alleging Family Responsibility Discrimination (FRD). Federal Minimum Wage Increase Federal minimum wage has little impact on most California employers. State and Federal Regulations of Summer Jobs for Teenagers Employment of minors is heavily regulated by state and federal law. Before hiring a teenager, be sure to comply with the law. Employer Appeals From Labor Commissioner Must Be Handled With Care A Labor Commissioner award in favor of the employee may be appealed, but not without cost and risk. What is the downside? FIVE Upcoming Seminars! June 21st, July 12, July 19, July 26th and October 25th-—sign up now!! View Update in PDF Format: |
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| Legal_Update_June_2007.pdf | |||
| LEGAL UPDATE May 2007 Inside this Issue: No Free Lunch From Cal Supremes Meal and Rest Period Penalty rules decided in favor of employees, exposing employers to greater liability. Unlicensed Contractors Create Workers Comp Havoc How unlicensed contractors become your employees under workers’ compensation law. Employee Receiving Disability Pay During Leave Not Required to Use PTO Requiring employees to use company vacation, sick or PTO during protected leaves can violate the FMLA. DLSE Liberalizes “Learned” Profession Exemption New interpretation covers more employees. Vacation Policies Must Not Single Out Workers Comp Claimants A recent case illustrates how vacation policies can create discrimination claims. Advance Healthcare Directives Simple paperwork can help your loved ones make important decisions. New Sexual Harassment Training Regs California modifies and finalizes the rules for harassment prevention training. Four Upcoming Employment Law Seminars May 17th, June 21st, July 12 and July 26th—sign up now!! Download in PDF Format: |
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| Legal_Update_May_07.pdf | |||
| LEGAL UPDATE April 2007 Inside this Issue: Mandatory Sick Leave May Be Contagious Labor Trend. Paid sick leave is already mandatory in some jurisdictions. Will Congress turn it into a national entitlement? Indian Casinos Susceptible to Some Labor Laws. Labor unions are chiseling away at tribes’ sovereign immunity. New 2007 EEO-1 Reporting Rules. Make sure that you know whether your company is covered and what to report. Unfashionable Employment Practice Costs Fendi. Retail store found to breach employment contract under guise of immigration law compliance. Bonus: Vacation Policy Checklist Now Available. California has peculiar laws regarding employee vacation policies. Our checklist provides compliance guidance. Estate Planning Boosts Control of Life Insurance. Estate planning may be necessary to control how your life insurance proceeds are paid. Employer Found Liable for Luring Employees Away From Competitor. Trucking company competitor sued for causing drivers to breach employment contracts. New Limits on Work Place Anti-Fraternization Rules. Is your policy worded too broadly? Four Upcoming Employment Law Seminars April 19th, June 21st, July 12 and July 26th—sign up now!! Download in PDF format: |
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| Legal_Update_April_07.pdf | |||
| LEGAL UPDATE March 2007 Inside this Issue: Contractor Strategies for Maximizing the Leverage of Mechanic's Liens. Mechanic's liens can be a powerful tool. Construction law attorney David Barnier offers practical tips for maximum results. DOL Releases New Opinion Letters. See if your company's occupations are affected. Transferring Property Between Parent and Child. Before transferring real estate to your children, be sure that you know how to avoid reassessment of property taxes. DLSE Proposes Travel Expense Regulations. Proposed regulations may bring clarity to employer's obligations. See what's in store. Employer Found Not Liable For Employee's Misuse of Company Internet Service. What legal exposure does a company have for employee abuse of internet services? Lodge at Torrey Pines Hits One Into the Rough. Local employer gets hit hard for harassment/retaliation. Find out what went wrong. Employment Law Seminar: Employment Law "A to Z." June 21st-sign up now!! Download Update in PDF Format: |
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| Legal_Update_March_2007.pdf | |||
| LEGAL UPDATE FEBRUARY 2007 FMLA By The Numbers. Two recent cases help employers do the math when determining leave eligibility. U.S. Department of Labor To Revise FMLA Regulations. Confused by leave regs? Help is on the way (maybe). Drug Company Discriminates But Dodges Harassment. California court articulates difference between discrimination and harassment, saving the employer millions. Court Applies State And Federal Retaliation Standard to L.A. DWP. California court applies the new state and federal retaliation standard, finding that an employee stated a valid claim. Paid Family Leave Claims Rise in 2006 Have you met your posting/notice obligations for PFL? Mediation of the Construction Case. Problems and strategies for settling construction disputes. Employment Law Seminar for Construction Contractors. February 13th—sign up now!! Download the Update in PDF format: |
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| Legal_Update_February_2007A.pdf | |||
LEGAL UPDATE JANUARY 2007 Inside this Issue: 2007 Employment Law Update This edition of the Legal Update summarizes the significant new California employment laws and regulations for 2007. It also recaps significant employment law cases in 2006. Download Update in PDF Format: |
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| Legal_Update_January_2007_1.pdf | |||
_______________________________________________________Legal Update ArchivesWant to read more? Click the links below to explore our publication in prior years. |
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Legal Updates 2006 - Click here
Legal Updates 2005 and earlier - Click here
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CONSTRUCTION LAW ARTICLES
"Reputed Owners and Notices of Completion: 30 Days or 90 Days to Record a Lien?” by David J. Barnier
"Two Tips to Help you Take Full Advantage of your Liability Rights" By David J. Barnier
"Solutions for Common Equipment Rental Contract Problems" by David J. Barnier
"Prejudgment Attachment: A Strategic Alternative to Awaiting Trial" by David J. Barnier
“ Legislature Doubles Labor Code Fine for Contracting with Unlicensed Contractor ,” by Christopher W. Olmsted (140 KB)
"Licensing Issues," By Robert Ilko
