Publications

THE NEW FMLA REGULATIONS

The new regulations clarify and make numerous changes to the original regulations founded in 1995 and add 2 new regulations that give families of military service members new rights to unpaid leave.

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"HOSTILE WORK ENVIRONMENT": MOAKLER V. COUNTY OF ORANGE

Appellate Court addresses what constitutes a hostile work environment, specifically the requirement that the conduct be "continuous and pervasive."

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STATE SUPREME COURT INTERPRETS FEHA TO PARALLEL THE ADA

Under a recent California Supreme Court decision, the state Fair Employment and Housing Act now requires an individual alleging disability discrimination to establish that they are able to perform their job's essential duties before they can prevail in a lawsuit for discrimination.

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RECOVERING ATTORNEY FEES FROM SUBCONTRACTORS: LODUCA V. POLYZOS

Court of Appeals rules homeowners may recover attorney fees from subcontractors under third party beneficiary theory.

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MEAL & REST PAY - MURPHY V. KENNETH COLE PRODUCTIONS

In the most important Employment Law case of the year, the California Supreme Court recently held that the "additional hour of pay" for employees missing meal and break periods is a wage and not a penalty, thus falling under the three-year statute of limitations instead of the one-year statute of limitations.

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CONTRACTOR LICENSING: WRIGHT V. ISSAK

A California Appeals Court recently held that an unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work.

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EXPECTATION OF PRIVACY IN EMPLOYEE OFFICES: HERNANDEZ V. HILLSIDES, INC.

This case highlights the importance of caution on the part of the employer.

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THE ACCEPTED WORK DOCTRINE - DANGEROUS CONDITIONS CREATED BY CONTRACTORS DO NOT NECESSARILY CREATE LIABILITY TO THIRD PARTIES

Contractors need to be aware of The Accepted Work Doctrine in California. What is it? This doctrine provides that a contractor who builds according to an owner's plans and specifications will not be liable to third parties for injuries sustained by reason of a dangerous condition of their work.

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CALIFORNIA APPELLATE COURT IMPOSES FEDERAL STANDARD OF "EXTREME CARE" UPON COMMERCIAL VEHICLES OPERATING IN HAZARDOUS CONDITIONS

This case presents a significantly revised standard of care upon the operation of commercial vehicles in hazardous conditions.

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