Irvine Legal Blog

Local Minimum Wages Increasing Throughout California

By: Kyle D. Kring

While the California state minimum wage is set to increase on January 1, 2018, many cities and counties throughout the state will increase their minimum wage rates on July 1, 2017. Employers should be well aware of the changes and make sure they are in compliance with state, county and local ordinances.

California State Minimum Wage

The current California state minimum wage rate is set at $10.00/hour for employers with 25 employees or less and $10.50/hour for employers with 26 employees or more. Until January 1, 2022 the minimum wage will increase every year beginning January 1, 2018. The next increase will see the minimum wage for employers with 25 employees or less rise to $10.50/hour and $11.00/hour for employers with 26 employees or more.

For more details and to see a schedule for minimum wage rates in California from 2017-2023, visit the California Department of Industrial Relations page.

K&C Clothing Drive Benefitting WHW

During the month of March, Kring & Chung will be helping collect items for WHW's annual Suits for a Cause clothing drive. Participation supports unemployed or underemployed individuals in Orange County in need of assistance in making a great first impression on potential employers. As part of the Southern California legal community our new or gently used professional and casual clothing and accessories will assist men and women in being prepared to successfully enter the workforce. If you would like additional information on how you can contribute, please email ckring@kringandchung.com. To learn more about WHW's non-profit organization, you can view their website here.

K&C Associate Presents at DRI Product Liability Conference

On February 8, 2017, Kring & Chung associate Roland J. Amundsen presented at the DRI Product Liability Conference in Las Vegas, Nevada. Mr. Amundsen discussed how Bragg Crane & Rigging received a defense verdict following a three week jury trial. The plaintiff/construction worker was injured when a 108 foot long, 73,000 pound I-beam collapsed while being hoisted into position on a bridge construction project. The plaintiff was awarded $1.65 million against the other defendants in the case. Bragg was able to recover its costs as the prevailing party in the case.

Kyle D. Kring Speaks at Dale E. Fowler School of Law, Chapman Law Review Symposium

CJ3A4192.JPGFounding Partner, Kyle D. Kring spoke on a panel of attorneys at the Dale E. Fowler School of Law, Chapman Law Review Symposium regarding "The Future of the Legal Profession" on Friday February 10, 2017. The topic covered the future of the legal profession in the United States and addressed various issues such as the role of technology and whether it will make lawyers more CJ3A4186.JPGproductive or displace them. The keynote speaker was Samuel Alito, Associate Justice of the Supreme Court of the United States.

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Kring & Chung Welcomes New Associate

Kring & Chung is pleased to announce the addition of Jennie I. Lee to its Irvine, CA office. Ms. Lee focuses her practice on business and commercial litigation and transactions. She has experience in handling litigation involving real estate, corporate, employment, products liability and collection disputes. To view her complete profile, click here .

Kenneth W. Chung Named to 2017 Super Lawyers List

Kring & Chung, LLP is pleased to announce that Managing Partner, Kenneth W. Chung, has once again been named to the Southern California Super Lawyers list. This is the seventh consecutive year Mr. Chung has received this honor. Super Lawyers is a rating service of outstanding lawyers from various practice areas who have attained a high degree of peer recognition and professional achievement.

A patented multi-phased selection process includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis with no more than 5% of the attorneys in California being selected as Super Lawyers.

Laura M. Booth Joins Kring & Chung

Kring & Chung welcomes new Associate, Laura M. Booth to its Irvine, CA office. Ms. Booth is an accomplished litigator with over 20 years of civil litigation experience. She has represented businesses, ranging from small to large corporations, in a variety of business litigation and employment matters. To view Ms. Booth's full profile, click here

Kyle D. Kring Named 2017 Best Lawyer

Congratulations to Managing Partner, Kyle D. Kring, on being selected for inclusion in the 2017 Best Lawyers list.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. The methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

California Prohibits On-Duty and On-Call Rest Periods

By: Kyle D. Kring

Recently, in Augustus v. ABM Security Services, Inc., the Supreme Court of California ruled that employers may not require their employees to remain "on call" during rest periods. The Court noted that, "state law prohibits on-duty and on-call rest periods" and "[d]uring rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time."

In Augustus, plaintiff and the members of the class were security guards for defendant ABM. They were required to keep their pages and radios on during rest periods and remain available to answer and respond to calls if the necessary. Plaintiffs alleged that ABM failed to provide uninterrupted rest periods as required by state law and ABM acknowledged the fact. ABM argued that their policy did not violate state law because it simply required the guards to keep their devices on in case an incident arose. Importantly, plaintiffs presented evidence that breaks were regularly uninterrupted.

The trial court granted plaintiff's motion for summary judgment on damages, awarding $90 million, finding that an on-call break is no break at all. The Court of Appeal reversed, concluding that merely being on-call does not equate to performing work and therefore state law does not require employers to provide off-duty rest periods.

AB 1513 Update: Ninth Circuit Confirms that "Carve-Out" Provisions in AB 1513 May Violate the Equal Protection Clause

By: Kyle D. Kring

While some employers are alleging that AB 1513 is unconstitutionally vague and an improper retroactive application of California rest break laws, at least two large farmers are contending that they were improperly excluded from using the AB 1513 affirmative defense to their advantage to resolve past rest break claims.

The Court of Appeals for the Ninth Circuit recently held that two large farmers' "complaint states a plausible claim for relief under the Equal Protection Clause, but fails to state a plausible claim that AB 1513's carve-outs amount to a Bill of Attainder." The equal protection claim was remanded to district court for further proceedings. As to the Bill of Attainder claim, the court ruled that plaintiffs were not individually punished by AB 1513, which is a necessary element of a bill of attainder.

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