Publications

NEW EMPLOYMENT LAWS FOR 2016

This law makes it an unlawful employment practice for an employer to retaliate or otherwise discriminate against a person for "requesting" an accommodation for a physical or mental disability or religious belief or observance, regardless of whether the request was granted.

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WHEN SPOUSES ARE LIVING "SEPARATE AND APART" FOR PURPOSES OF DETERMINING WHEN THE COMMUNITY ESTATE STOPS ACCUMULATING

The California Supreme Court has defined the rule as to when a couple is considered separated for purposes of cessation of community property.

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TWO NEW LAWS SIGNIFICANTLY AFFECTING PIECE RATE EMPLOYERS

The California legislature recently passed two bills that were significantly amended late in the legislative session.

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HOW A DETAILED JOB DESCRIPTION CAN PREVENT VIOLATION OF CALIFORNIA'S NEW FAIR PAY

California has historically proven itself a leader in progressing women's rights and was one of the first states to adopt a statewide Equal Pay Act.

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ORANGE COUNTY PIECE RATE ATTORNEYS

Piece Rate employees are paid by the specific tasks they complete rather than on an hourly or salary basis, although mixed hourly and production bonus plans are legally permissible.

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LET IT FALL! - COURT OF APPEALS PRECLUDES RECOVERY OF PREVENTIVE COSTS UNDER STANDARD HOMEOWNERS INSURANCE POLICY

In Grebow v. Mercury Insurance, published on October 23, 2015, the Court of Appeals rejected a homeowners' claim that an implied duty to reimburse costs incurred by the homeowner to prevent an insurable loss is imposed on a homeowners' insurance carrier.

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WHEN HOWELL V. HAMILTON MEATS & PROVISIONS, INC. ("HOWELL") MEETS THE UNINSURED PLAINTIFF

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015, Superior Court Case No. 30-2012-00539759), the California Court of Appeal, Fourth Appellate District, Division Three, held that an uninsured plaintiff's (no medical insurance) unpaid medical bills, substantiated by medical expert testimony regarding the reasonableness and necessity of the medical charges, were properly admitted and were sufficient evidence to support an award of damages.

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