Publications

AB 1513 UPDATE - TEMPORARY INJUNCTION GRANTED TO PREVENT CALIFORNIA FROM ENFORCING THE July 1, 2016 DEADLINE TO SIGN UP FOR "SAFE HARBOR DEFENSE"

This is to update you on the Nisei Farmers League's constitutional challenge to the AB 1513 affirmative defense, and specifically, the deadline to notify DIR of your co mpany's intention to participate in the affirmative defense.

Yesterday, June 30, 2016 at approximately 4:30 p.m., the court granted Nisei Farmers League's request for a Temporary Restraining Order. Click here to view a copy of the court's order.

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NISEI FARMERS LEAGUE FILES COMPLAINT TO DECLARE AB 1513 UNCONSTITUTIONAL

On June 27, 2016, Nisei Farmers League filed a lawsuit against the California Labor and Workforce Development Agency, David Lanier; Department of Industrial Relations, Christine Baker; and the Division of Labor Standards Enforcement, Julie Su alleging that AB 1513 and Labor Code section 226 is unconstitutionally vague and ambiguous. Additionally, the Plaintiff filed an Exparte Application for a preliminary injunction to stay enforcement of AB 1513/Labor Code section 226. The hearing on the Exparte motion is set for this afternoon, June 30, 2016.

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NEW LOS ANGELES AND SAN DIEGO MINIMUM WAGE AND SICK LEAVE ORDINANCES

Recently passed ordinances in the cities of San Diego and Los Angeles will soon become effective, leaving employees with higher minimum wages and an increase in paid sick leave time. Both cities are adopting similar, but slightly different, systems that force minimum wages to gradually rise over the next five years and paid sick leave hours increase.

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AB 1513 DEADLINE IS JULY 1, 2016 FOR PIECE RATE EMPLOYERS

California recently passed AB 1513, adding section 226.2 to the Labor Code. The law significantly changed the way employers are required to pay piece-rate employees for rest and recovery periods and nonproductive time.

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5 TECHNIQUES TO IMPROVE CO-PARENTING

For those of us who must co-parent our children due to divorce or separation, we know that co-parenting skills don't always come naturally. Honing these skills, however, can have a lasting impact on the quality of your relationships with your children, as well as the other parent.

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THE RIGHTS AND IMPLICATIONS OF ACCOMMODATING ALCOHOLISM IN THE WORKPLACE

In light of the recent lawsuit filed by the University of Southern California's former Head Football Coach, Steve Sarkisian, alleging discrimination against USC based on his alcohol addiction.

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EFFECTIVE DEFENSE AGAINST REPTILIAN THEORY: A NEW TREND OF THE PLAINTIFF'S BAR TO MAXIMIZE INJURY AWARDS

There has been a recent trend in the Plaintiff's Bar to utilize what is colloquially known as "Reptile Theory" to maximize injury awards. The strategy is based on a book by David Ball and Don Keenan entitled "Reptile: The 2009 Manual of the Plaintiff's Revolution." The thesis of the book is the reptile's primary instinct of self-preservation.

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PRACTICING THE FOUR AGREEMENTS IN A DIVORCE

If you've read the book The Four Agreements by Don Miguel Ruiz, you'll better understand this article. If you haven't read the book, I highly recommend it. A summary doesn't do the book justice, but is necessary for this article.

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SB 588 CREATES PERSONAL LIABILITY FOR OFFICERS, DIRECTORS, AND MANAGING AGENTS OF EMPLOYERS FOR WAGE AND HOUR VIOLATIONS

Senate Bill (SB) 588 known as the "The Fair Days Pay Act" went into effect on January 1, 2016. The bill's stated purpose was to enhance the Labor Commissioners ability to enforce California Division of Labor Standards Enforcement (DLSE) judgments.

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THE COST OF DOING BUSINESS IN CALIFORNIA FOR GARMENT INDUSTRY EMPLOYERS

The Division of Labor Standards Enforcement ("DLSE") implements certain requirements for garment industry employers before they may begin operating in California. These strict requirements were put into action with the passage of the Garment Manufacturing Act in 1980, which was in response to the California's Legislature's efforts to protect the wages and health and safety standards throughout the garment industry.

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TRANSGENDER DIVORCE

"May you live in interesting times," is a Chinese curse or proverb, depending upon what authority you rely. Although each generation might proclaim their generation to live in the most interesting of times, I dare say that the millennial transition is turning out to be an ardent advocate and witness to respect for personal rights.

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WHAT IS "CUMIS COUNSEL" AND DO I NEED ONE?

A lawsuit is filed against Broker Bob and his seller alleging that they both were aware of a water leak under the slab but didn't disclose the problem to the buyer. The lawsuit alleges fraud and negligence against Broker Bob. Bob sends the lawsuit to his E&O insurance company. He then receives a "Reservation of Rights" letter from the insurance company stating that they have appointed one of their panel attorneys to represent him.

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HOMEOWNER STEPS TO PREVENT EL NINO PROPERTY DAMAGE

We are all being told that the El Niño heavy rains are coming soon! In Southern California heavy rains usually mean landslides. In fact, we have already witnessed some landslides in sensitive areas throughout Sothern California.

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HUSBAND AWARDED 150% OF RETIREMENT BENEFITS

Once upon a time, John Peterson met Annette. They were both attorneys and John was smitten by Annette's beauty and intelligence, so he decided he wanted to share his life and surname with Annette. John and Annette married in 1994 and they entered into marital and financial bliss as they embarked on their journey in life together.

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WHY A DIVORCE ATTORNEY IS A GOOD INVESTMENT

The statistics vary, but it is noted that between 60 and 70% of the litigants in Family Court (the courts that process divorces and other family law matters) are self-represented, meaning they do not have an attorney.

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