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Showing 11 posts from 2013.
Chornii Yevhenii © 123RF.com
HR Resolutions for 2014: A Checklist - Part 1
1. Employee handbook and Policies: You should ask yourself when was the last time anyone seriously reviewed the handbook to determine whether it remains compliant with our ever-evolving federal, state, city and local employment laws? Consider having this done, especially if the handbook is 5 years old, or more. A number of developments, particularly at the National Labor Relations Board (NLRB), now call into question the validity of critical handbook provisions, like at-will disclaimers and confidentiality provisions (more on this in a future employment law post).Heading into the New Year is a good time to assess the past and look to the future. As we head into 2014, here are some employment law checklist items that all companies, large and small, may want to add to their 2014 “To Do” List. (Read More)
Lane Erickson © 123RF.com
Insurance Regulatory Update
Bill Gausewitz provides regular regulatory updates to the State Bar Insurance Law Committee. Check out the December 2013 report. (Read More)
Maksim Kabakou © 123RF.com
Insurance Regulatory Update
Bill Gausewitz provides regular regulatory updates to the State Bar Insurance Law Committee. Check out the November 2013 report. (Read More)
racorn © 123RF.com
New York City Broadens the Law for Pregnant Employees
On October 2nd, New York City Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law which broadens the scope of that law as it relates to the rights of pregnant employees, requiring employers to provide a reasonable accommodation to pregnant employees. (Read More)
California Supreme Court Reverses Itself on Arbitration Waiver of Right to Wage Hearings
In Sonic–Calabasas A, Inc. v. Moreno, issued on October 17, 2013, (“Sonic II”) the California Supreme Court held that employers can require employees to arbitrate wage claims. Previously, California employers could not force employees to arbitrate wage claims that could be filed with the California Department of Labor Standards Enforcement (DLSE). (Read More)
cookelma /depositphotos.com
Late-Fee Confusion In Calif. Residential Leases
As anyone who has ever surfed the Internet knows, there is a great deal of conflicting information and advice to be found on just about every topic under the sun. One such issue, which has been the subject of increasing interest and debate in online legal forums over the last several years, is whether or not the standard provision for late fees in a residential lease is enforceable in California. (Read More)
Johan Swanepoel © 123RF.com
Covered California: A New Health Insurance Exchange
Covered California, the new marketplace health insurance exchange for California created as a result of the Affordable Care Act (ACA), goes into effect January 2014. By October 1, 2013, all California employers with $500,000 or more in annual sales are required under the ACA to provide employees with an “Exchange Notice” detailing provisions of Covered California. (Read More)
FERNANDO BLANCO CALZADA © 123RF.com
Design Professionals' Duty of Care Potentially Expanded with Beacon
Design professionals (architects, engineers) have largely been immune from third party negligence litigation. The standard AIA contract has limited liability to the direct contracting parties, and has not historically recognized a duty to third party homeowners. Since the design professionals have not been in direct contract with third party purchasers, generally no duty has been owed. (Read More)
ALIAKSANDR KAZANTSAU © 123RF.com
Submitting Claims on UST Fund Reimbursements: Avoiding the Enforcement Unit
On April 17, 2013, the California State Water Resources Control Board ("SWRCB") announced that it had given the green light to its Office of Enforcement ("OE") to staff a permanent unit within the OE called the Fraud, Waste and Abuse Unit ("Unit"). (Read More)
California Court of Appeal Affirms That Employees Must Participate in Workplace Investigations
In a recent case from a California Court of Appeal, McGrory v. Applied Signal Technology, Inc., the employer terminated the plaintiff after an outside investigator concluded that (1) the employer had not discriminated against a lesbian subordinate on the basis of sex or sexual orientation, (2) the employee had violated the employer’s policies on sexual harassment and ethics, and (3) the employee had been uncooperative and deceptive during the investigation. (Read More)